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TC Minutes 05-09-1995• E MINUTES OF THE REGULAR MEETING'OF-,-THE TOWN COUNCIL HELD MAY 9, 1995 _ 7:30 P:M. A regular meeting of the Avon 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 Reynolds at 7:30PM._ A roll call was taken with Councilors Jim Benson, Richard Carnes,. Jack Fawcett, Tom Hines, and Judy Yoder present. Councilor Celeste C. Nottingham arrived at 8:10PM. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Deputy Town Clerk Linda Donnellon, Town Engineer Norm Wood, Director of Community Services Mike Matzko, Community Service Office Steve Hodges, Police Chief Gary Thomas, Fire Chief Charlie Moore, as well as members of the press and public. Citizen Input: Water Wheel Restoration / We Recycle Mr. Mauri Nottingham informed the Town's next assessment of $3,000 towards We Recycle will be reduced by approximately $800. We Recycle is not running in the black, just less in the red. The market for newspaper is now $100 per ton; corrugated cardboard is up to $110 per ton, where last year it was $30.- Two years ago, aluminum was at $ .23 and it is now at $ .61. Just more of a demand! Mr. Nottingham next discussed-the water wheel on his property. . The water wheel will be on public land, when the property is sold and deeded. The water wheel is historical, unique, and-worth- restoring. Mr. Nottingham hoped the Town would pick it up as a project to get it protected with some sort of shed that would go over it to keep the weather off of it until we could do something further about it. Mr. Nottingham added he would personally . donate $5,000 for the project and felt other family members could give a little more. Mr. Nottingham thought total family donations would be between $5,000-$10,000. Restore right where it is - it is in a flood plain now and is designated a picnic area. Discussion followed on riparian ways and disturbance to the area during restoration. Council requested more information on costs from Mr. Nottingham"and thought this might be included during the budgeting process. Citizen Input: Trapping of Animals Ms. Chris Miller requested Council to outlaw any and all trappings, including humane trappings, within the Town. Ms. Miller's cat was trapped by a neighbor in a have-a-heart trap. After discussion including leash laws and various types of trapping, Council felt that the ordinance, as adopted, is sufficient. Citizen Input: Building Permit Costs Mr. Buz Reynolds, Jr. informed of the increase in building permit costs. Mr. Reynolds compared past year's building costs to present and thought the increase was due to the,adoption of the 1995 building codes. It was-not Council's intent to increase costs when adopting the 1995 building codes.. Council directed Staff to review further. Citizen Input: Leash Law Mr. Josh Hall asked Council to allow leashed dogs on the lakeside area of the park. Mr. Hall sited reasons for his request. Staff will research any side issues regarding health threats and any concerns that Avon Metro District may have and report back to Council. Citizen Input: Unlawful acts in Aspen Mobile Home Park Mr. Randy Carter, citizen in Avon for fourteen years, voiced concern regarding violence in the Aspen Mobile~Home Park. Mr. Carter informed he and the manager of the park will attend next meeting to offer the Police Department broader authority to go in and enforce the laws within this private park. Mr. Carter cited gang fights, drinking in vehicles and in the streets,,frequent manager changes, speeding, the drive-by shooting, and illegal immigrants as major concerns. Mayor Reynolds-and Councilor Benson suggested the neighborhood watch program, with signs in Spanish, as well as English. Councilor Hines suggested community activities. Police Chief Thomas informed foot patrol started a . couple of weeks ago. Chief Thomas reiterated the suggestion of a neighborhood watch and suggested management hire security on weekends and evenings as they did during last 4th of July.. Councilor Nottingham mentioned the limitation of occupants in, the homes. Mayor Reynolds noted these concerns are not limited to the Aspen Mobile Home Park - they,are also concerns at Sunridge and Eaglebend. Mr. Carter stated-he will get as many neighbors as possible to force management to give the town as much authority as possible to treat those streets like city streets. Discussion followed on how to give the Police Department more authority than it,currently has. Chief Thomas is working on solutions and will present at a later.date. Resolution No. 95-22, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET Mr. James informed this Resolution will amend the budget for transportation personnel, the Avon entrance flag poles from three to four, and for the U.S. Postal site. The postal site road improvements cost $11,184.75, plus light fixture costs. The post office stated they will agree to pay a fixed amount and have not agreed to this fixed cost at present. Councilor Carnes asked are we proceeding with the flag poles? Mr. James stated we have not heard back that the plans are OK. Councilor Hines heard the issue was trees, not flag poles. Councilor Nottingham motioned to approve Resolution No. 95-22, Series of 1995. Councilor Fawcett seconded the motion and the motion carried unanimously. Resolution No. 95-23, Series of 1995, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF TWO PARCELS OF LAND LOCATED IN SECTION 12, TOWNSHIP 5, SOUTH; RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO AND SECTIONS 7, 8, 9, & 17, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO,. DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND SECTIONS 8, 9, & 10, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF; AND SETTING A HEARING THEREON 2 • • Town Attorney John Dunn stated this Resolution will make a preliminary finding of substantial conformance of the two annexation petitions which have been filed with the town with state statute and particularly will make a'-finding that not less than 1/6 of the perimeter of the area I proposed to be annexed is contiguous with the annexing municipality; that a community of interest exists between the area proposed to be annexed and the annexing municipality, and that the area is urban or will be urbanized in the near future and that the area is integrated with or is capable of being intergrated with the annexing municipality. Based upon those findings, the Resolution will schedule a hearing before the Council on June 13th to determine whether or not the subject property is eligible for annexation into the town under all applicable statutes and constitutional provisions. Councilor Hines asked if the issue with the County has been resolved, because if this is adopted, we set the time clock in motion. Mr. James spoke with Mr. Jim Fritz. Mr. James got the impression the County will require a municipal impact report - they did require an impact report on Basalt. Mr. James reviewed this with Mr. Bill Post and rather than ask for an exemption of the impact report, we will go ahead and prepare one. Peter Jamar & Associates are working on the draft document now. That should be available Friday, for Council to review next Tuesday at Worksession. Mr. James noted this is not the fiscal impact report - there are two different documents. Town Staff is meeting with Ford Fricke to get development scenarios to help with fiscal impact. Mr. James added on May 22nd, Peter Jamar_is going to make a presentation to the County Commissioners. Councilor Hines announced that for clarification, the adoption of this Resolution,does not mean the Town has now annexed the--.- Stolport Property. Mr. Bill Post stated this is considered a proforma matter toget all the rest of this started for the next several months. Mr. Ragonetti and Mr. Jamar are present if there are any questions. Councilor Hines motioned to approve Resolution No. 95-23, Series of 1995. Councilor'Fawcett seconded the motion and the motion carried unanimously. Unfinished Business: Annexation - Names of attorneys Mayor Reynolds asked if-Ye have any names of any attorneys to represent the town regarding the'annexatio'nMr. James stated yes, and that will be reviewed next Tuesday. New Business: Update on Research of River Setbacks Mr. James reminded that Council requested Staff to review present requirements of our setbacks from the river and to see about the possibility of changing that from present standards to 50' setbacks. Staff has been reviewing. Our current 30' setback is measured from the mean annual flood high watermark and was adopted back in 1979. That same definition was incorporated into our zoning code. Mr. James asked to do, additional work to include mapping, to have for Council on May 23rd. Councilor Hines received information on buffer zones and impervious surfaces and offered to share this with anyone interested. 3 • • Councilor Nottingham,requested information from Grand County regarding their suggestions of set backs, to take a close look at the final Eagle River Management Plan to compare, and to put off this information to Council until after May 23rd, so that she may be in attendance. Discussion followed on 50' - the town never adopted.50' - it has always been 30'. The County has 50' from the center of the river; same as Vail. Councilor Nottingham noted some of the newer adoptions are 251, 301, 50' back from the wetlands delineation. Councilor Nottingham also requested information from a municipality in Summit County that has adopted "back from the wetlands delineation". New Business: Eaglebend Phase III Construction Update Mayor Reynolds announced that Mr. Jeff Spanel was not present; thus this item will be postponed. New Business: Deeds & Easements Discussion Mr. Mike Matzko understood this discussion was driven by some concern over some specific areas adjacent to the river and asked if that was correct. Councilor Nottingham stated it was driven by a suggestion, probably coming out of Basalt, as to something they had done that had worked well for them. Mr. Matzko presented differences between easements and fee ownership, as they relate to the public sector, and summarized these differences. Councilor,Nottingham,would like to know,-if there is a possibility of getting a copy,of the strong public easement used specifically in Basalt, from Kent Mueller. Mr. Matzko will contact Mr. Mueller, and get a,copy of,that Councilor Nottingham stated the rationale, ditected'towards,perhaps the easement or'use that we like, along the river, most likely for trails, specifically at this point in time on the. Shapiro property where the water wheel is - and they have found-,in communitie's west of ours, that getting the.strong public easement served.their purposes better because, of building so close to the river and degradation of the banks and that type of thing caused on going or some other problems later, in which restoration had to be done and maintaining of the banks and that if we, the town, owned'them, the cost of doing those..types of things that were a necessity for health, safety, welfare, as well as aesthetics, and to stop the degradation of these banks, would be that of a financial expense, perhaps to the municipality who had just gotten ownership of that property. Whereas, if they had had the strong public easement, which they do, those costs were suppose to be the costs of the landowner. Now, that was my purpose to see which would be to our advantage and even though, who knows, if the landowner can't pay, the town may end up paying anyway because of health, safety, and welfare issues - but, it doesn't-put the.town as the first line of defense. So, that is really the angle that I am looking at tc analyze this situation. Councilor Fawcett stated well, the property might also remain on the tax rolls. Councilor Hines offered some reverse psychology and said that if the-town is the first line of defense, maybe we would look a little more cautiously about how we encroach upon the bank, if we own the land. Councilor Nottingham stated, well, its already done. Councilor Hines stated you are looking at site specific. Councilor Nottingham stated yes I am - site specific. 4 • 0 Councilor Hines thought to look upon this,idea further down the road. Councilor Nottingham stated that is,very good to consider. Councilor Fawcett asked Mr. Matzko for his opinion. Mr. Matzko stated in general, in terms of land that you-are considering using over some period of time - something beyond a simple utility easement or drainage easement - something that is pretty straight forward - I would strongly consider the option of ownership simply because of the flexibility - particularly with a trail system. Unlike other parks, you take out a small section of trail and you affectively change the whole parcel and they are much more susceptible to that than large lots. There are technological, social, other changes that we can anticipate down the road, and yes, an easement may be in perpetuity - there may be a change and as property values go up it becomes more difficult to re-negotiate those. A town would have the option to sell that property or lease it or whatever, but as the owner of an easement you don't have that same flexibility. Councilor Nottingham commented that it might be very good depending if you are just talking about easements versus ownership of land - property. My whole purpose of this is applying these types of situations specifically to river corridor habitat type areas. If they were talking adjacent to our park or something like that on flat - I sure would rather own it: My only purpose is because of the financial exposure to the town. Councilor Carnes asked how do you place a value on a strip of land down by the river? Councilor Nottingham added especially if it is.wetlands or riparian way. Mr. Matzko noted that the tax revenues may not be significant. Mr. James requested further direction from Council. Councilor Fawcett thought, if the land is donated or given to us, we should accept it outright, own it in fee simple and we have total control and we don't have to worry about whatever the future might bring it is ours. And, the liability, hopefully will be covered under the policies the town carries. Councilor Nottingham reiterated her request of a copy of the strong public easement from the community from the west of us. Mr. James stated he will contact Mr. Mueller and request a copy for Council's review. Mayor Reynolds announced this item is tabled. New Business: Swift Gulch Update Mr. James informed we have received an engineer's estimate for the utilities (sanitary sewer, water service, shallow utilities - except gas); site grading for parking, circulation, and modular buildings; Swift Gulch Road improvements, and modular building for municipal services and site grading for the ABCRA modular building. A project budget reflects engineering fees are $21,1650, site development is $462,570,,ahd contingency is around $36,000; modular building is $201,600'for a total project cost of $721,160. Mr. Bob McIllveen and Mr. Bill Simmons are present and represent Beaver, Creek Resort Company. Beaver Creek Resort Company, is -willing to share'these costs equally at a 50/50 share. Mr. James detailed a lease/purchase, 10 year financing program. Mr. James noted we need to get a better feel for what the actual numbers are going tb be and we will have.those,figures when we get our bids, back. Discussion followed on ABCRA; figures are only for site work, ABCRA would need to purchase their own modular. 5 Councilor Nottingham voiced concerns of the expense for something temporary and the lack of brainstorming with fellow Council members regarding the temporary and/or permanent goals for Swift Gulch. Discussion followed on responding to citizens', the town's, ABCRA, and the Charter School needs. Mr. James stated this evening's information was to update the Council that Beaver Creek Resort Company is willing to share 50/50 in these cost estimates and that we are going to go out to bid for this project and continue to move ahead; until Council states not to,. Councilor Carnes asked what the cost is of site grading for the ABCRA. Councilor Fawcett noted it is approximately $6,500. Councilor Carnes asked about the regional aspect. Councilor Carnes thought Swift Gulch to be strictly the Town of Avon and Beaver Creek Resort Company. Mr. James stated regional is on a temporary basis. Further discussion followed on cost break downs and the timing. It was mentioned the Charter School may possibly purchase the modular for ABCRA so that the Charter School could take over the ABCRA space and the library space at City Market for next school year. Mr. James felt bids could be reviewed by Council the first meeting in June. Councilor - Carnes asked if Council is pursuing this as a commitment to ABCRA. Mayor Reynolds responded we are providing them a site. Mr. McIllveen agreed that Beaver Creek Resort.Company is willing to go ahead and do a 50/50 on the utilities for-Swift Gulch. Let's get the site set up, get it going because, we are all going to need long term solutions to the transportation system., The $200,000 on the buildings, that is the temporary part of the deal - the rest is permanent. Mr. McIllveen thought that at some point in time, the goal would be to try to build a public works facility on the Swift Gulch site. Right now, Mr.. McIllveen is' stating that Beaver Creek Resort Company will be a part of that. The short term solution is how do we get the utilities and,handle the bus problems. Mr. McIllveen stated Beaver Creek Resort Company is investing in this - we are, somewhere along the line, assuming that we are putting money,into something that down the road we are still going to have a piece of. Councilor Nottingham expected a few years ago when we started a laborious process of looking for public works sites and Swift Gulch was not one of the desired sites because it was to small to meet the needs of Avon. I would like an opportunity, I suppose, to sit with my peers and discuss that issue and the goals that we had or set some goals in regards to that because we have been putting it off for a while. I am concerned about the permanence. I was hoping that in a shorter time - would warrant this type of an expenditure - that we would be starting on our own permanent public works facility. Councilor Nottingham informed school starts August 20th and asked if that date is realistic. Mr. James stated we won't know-until we get the bids in and get a schedule. Mr. James estimated November 1st that all this could be put in place, trailers set up and people would be moved in. Councilor Carnes mentioned temporarily moving ABCRA instead of the school. Councilor Nottingham appreciated all the support for the school but-felt it just wouldn't work. Mr. James noted, OK, let's drop the school; then tell me where we are at. We still have ABCRA and the Beaver Creek Resort Company interested in sharing that space with the Town. 6 • Mr. James asked shall we proceed and see if this program is going to work with those two organizations and try to move our facilities over there this fall or do you want to put a hold on that? Council's consensus was to go out for bids to get actual cost figures and to have the opportunity to brainstorm on goals for the public works facility prior to any commitment. New Business: Recreation Center Update Mr. Gary Meredith reviewed Change Order #5. Six items make up Change'Order #5; Item #AP,-19A Additional Design Fees of $4,847, Item-AP'-22A Misc. Locker Revisions of $1,788,.Item AP-27A Storage Room #146 of $7,174, Item AP-28A Finishes to Room #207,of $15,995; Item AP-29A Misc. Revisions per owner request of $5,650, and Item`AP-31'.Interior Signage over allowance of $2,835. Council voiced concerns'with-items #4 / AP-28A'Finishes to Room #207 and #5 / AP-29A Misc. Revisions per owner request. Council felt the decision - t:o.. finish room 2,07 was ,well in advance of any .;construction stage. Councilor Hines asked Mr.,' Meredith to find out when touncil-finally finalized the fact that Council approved the finish on room #207. Councilor Hines questioned sink cost under item AP-29A Misc. Revisions per owner request - it seems high. Mr. Meredith will research that item as well. Councilor Carnes requested amounts of any outstanding change orders currently; such as the $19,000 for the heated ramp. Councilor Carnes stated the recreation center is within budget right now, as opposed to the Vail Valley Times article stating the pool is over budget. Mr. Meredith will make that available to Council and informed we're still approximately $2,000 in the black. Mr. Meredith noted, if we incorporated the dollar amount for Change Order #5, we would be 'approximately 2.51i over the original contract amount. Councilor Hines motioned approval of Change Order #5 with the exclusion of AP-28A and personally I'll leave it up to Council whether to pull out the other or not - I'm fine with it. . Councilor Nottingham said, pull it out. Councilor Fawcett said, yea, AP-29A. Councilor Hines interjected, and also AP-29A. Councilor Nottingham seconded the motion. The motion carried unanimously. Mr. Meredith informed the blood drive, on behalf of Marge Reynolds, will be held in the Municipal Building on May 30th from 10:00am-2:00pm. New Business: Set Public Hearing date for Wildridge Area Concerns / Stop Signs, Etc. Mayor Reynolds stated my assumption is that we are concerned about signage in Wildridge and we want to,set up a public meeting so people can come down and discuss it with us. Mayor Reynolds asked when do we want to do? Councilor Fawcett asked for information from staff such as depressions / dips in the road - placement of signs - costs - public safety, etc. and would like to have this available for the public meeting. Mayor Reynolds announced the Wildridge public meeting will be Thursday, June 15, 7-9pm. Mr. James stated a mailer will be sent out first of June and Council suggested publishing the notice in the paper. 7 0 a Other Business: Council Committee Updates Mr. James distributed the school site dedication ordinance with regards to the annexation. Mr. James informed the Town of Vail is increasing dispatch services, for police and fire departments, from $23,000 to $79,000. Overall, Avon's cost will go up 261 for police and 121% for fire. Councilor Nottingham conducted a Channel #5 survey with fellow Councilmembers and various staff members to determine who watches and what they watch. Councilor Nottingham motioned that we write a letter of support, supporting Channel #5.and the services it provides as public access to our community and encourage Vail Town Council to keep supporting them also. Councilor Hines seconded the motion and the motion carried unanimously. Councilor Nottingham requested the letter be copied to Mr. Jim Penhale. Councilor Carnes mentioned a letter from Terry Halverson and felt we should look into the opportunities. Councilor Carnes mentioned the Transportation summit meeting, tomorrow at 8:30am. Councilor Carnes asked Council for their input regarding the proposed 11216 sales tax for transportation. Council's consensus was more information is needed before a position can be reached. Consent Agenda: a.) Approval of the April 25, 1995 Council Meeting-Minutes b.) Financial Matters Councilor Hines motioned to approve the Consent Agenda. Councilor Nottingham seconded the motion and the motion carried unanimously. Adj ourn.: There being no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Benson. The meeting was adjourned by Mayor Reynolds at 11:13PM. RESPECTFULLY SUBMITTED: Patty Ne ha$t_, JCMC Town Cle 8 !