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TC Minutes 05-22-1979MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL MEMBERS OF THE TOWN OF AVON HELD MAY 22, 1979 The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Office, second floor, Benchmark Center, Avon, Colorado. The meeting was called to order by Mayor Angelo Alpi at 7:45 P.M. Council- members in attendance were Angelo Alpi, William Doyle, Steven Erickson, Allan Nottingham, Carol Richards, and A.J. Wells. Also present were Town Attorney John Blish, Town Accountant Ronald McKenzie, Town Building Adminis- trator Kenneth Richards, Benchmark Planner Mike Blair, Kirchner Moore & Co. Representative Joe Barrows, Heritage Financial Corporation Executives Richard Rossmiller and Robert George, as well as various members of the press and public in the audience. Carol Richards asked that the following sentence be deleted from the Minutes of May 8, 1979: "(NOTE THE T014N CLERK HAS FURTHER INFORMATION ON THESE ITEMS TO BE SUPPLIED TO THE COUNCIL UPON REQUEST.)" She then moved that the Caundil approve the Minutes of May 8, 1979 as corrected. Bill Doyle seconded the motion and it was unanimously carried. Allan Nottingham moved that the Council approve,the Minutes of May 15, 1979 as submitted. Steve Erickson seconded the motion and it unanimously carried. Ronald McKenzie presented the financial report for the month of April, 1979 to the Councilmembers. He stated that with four months or 33 percent of the year completed, Town collections to date are 42.8%. He accredited this revenue primarily to the Town "having collected 64% of the Real Estate Transfer Tax as budgeted." He added that expenditures to date have been 18% percent. After a discussion of the accounts payable, Carol Richards moved that they be approved. Bill Doyle seconded the motion and it was unanimously carried. Design Review Board Chairman Hugh Price stated that the Council had been presented with copies of Ordinance No. 79-12, A Zoning Code for the Town of Avon. He thanked the members of the Design Review Board for their work on the document. He added that he would answer any questions pertaining to the Ordinance. Under unfinished business, a public hearing on and the second reading of Ordinance No. 79-12, A Zoning Code for the Town of Avon was held. No comment from the audience was offered during the public hearing of the Ordinance. After further consideration, the Councilmembers unanimously tabled the second reading of Ordinance No. 79-12 to a Special Meeting scheduled for May 29, 1979. Final approval of the Benchmark at Beaver Creek Subdivision Plat, Amendment No. 7, Metcalf Road was the next item presented. Mike Blair said the basic purpose of the replatting is to realign and extend Metcalf Road, which in turn, will allow access to the needed water storage tank and further access to the north. Brian Duff, project engineer from Claycomb Engineering Associates, Inc., then presented the Council with a letter, addressing consultative recommen- dations on the proposal (A COPY OF SAID LETTER IS ATTACHED TO THESE MINUTES.) -2- Further discussion between Duff and KKBNA engineering representatives ensued, regarding availability of data and the Town of Avon's subdivision regulations. Carol Richards asked Mike Blair to change the road design to a 24' width of pavement within a 60' right-of-way. Other road design critera (guardrails, road cross-sections, easements, etc.,) and soil tests information were dis- cussed. Steve Erickson moved the Council approve, contingently, Amendment no. 7, Final Subdivision Plat as presented, with the stipulation of no construction of the paved surface of the road to progress without approval of the particular design critera from the Town of Avon. The:.7bwn would then hereby approve the alignment and the lots as platted for Amendment No. 7. Bill Doyle seconded the motion. A roll call was taken with Allan Nottingham and Jim Wells abstaining and a majority of all other Councilmembers voting yes. Final Approval of the Benchmark at Beaver Creek Subdivision Plat, Amendment No. 8, Sunridge at Avon was then presented. Bob George stated the proposal was to replat Lots 9-14, Block 3 to Lot 9 for 165 condominium units. Mayor Alpi stated that compliance with all prior Council requirements had been satisfied. After discussion, Carol Richards moved that the Council accept the Official Plat for the Town of Avon, Amendment No. 4, Final Subdivision Plat, Amendment No. 8, subject to obtaining the protective covenants and with the stipulation at which time as the creek going through the property has a definite course, Avon Metropolitan District be provided with an easement. Bill Doyle seconded the motion. A roll call was taken with all Councilmembers voting yes. Joe Barrows of Kirchner Moore & Company then gave a brief presentation on the background and services of his firm to the Council. Mayor Alpi thanked him for his firm's interest in the Town of Avon. Schmidt-Tiago Construction Company then approached the Council for permission to park 'construction' trailers on Town property. Alan Schaeffer, representing the company, asked to locate approximately 20 temporary trailer units within the Town limits until on, or around December 1. He said his company could complete an access road to the water storage tank and build said water storage tank if such short-term housing was approved. Councilmember Allan Nottingham stressed that if an effort was not made to complete the new water storage tank prior to August 1, 1979 the Town of Avon may have its water supply cut-off. After lengthy discussion, Jim Wells moved that the Council adopt the following Resolution No. 7: The area of Lot 5, Block 1 which is owned by Benchmark and the neighboring area which is open space be designated as a temporary trailer site for Schimdt-Tiago Construction Company. The Company shall present to the Town their proposed lay-out and shall not be allowed to occupy the site until the hook-ups are inspected by State and/or County health officials to assure the Town that all health standards are met. The Town will rely upon Holy Cross' hook-up to assure electrical standards have been met by the Company. The occupancy of the site shall be designated emergency special use, specifically for Avon Metropolitan District. Occupancy of the site shall not exceed 180 days and upon vacation of the site, the area shall be cleaned-up with the removal of all temporary facilities desired by the owner. Tiago shall pay all temporary taps and services required by the various utilites. Occupancy of the site shall also be subject to other conditions as the Council may determine from time to time, such as proper control over parking. Carol Richards seconded the motion. A roll call was taken with all Councilmembers voting yes. ( A COPY OF RESOLUTION NO. 7 IS ATTACHED TO THESE MINUTES.) -3- Mayor Alpi then announced that Mike Blair would present a reintroduction of Benchmark at Beaver Creek, the proposed Wildwood and Wildridge Subdivisions. Blair explained that in the 2 sections of land (13,061 acres) plans are for 1,558 dwelling units on 710 platted lots. Overall density on the 2 sections of land will be 1.14 units per acre. He also explained land usage.(duplex lots, etc.) design guidelines, utility layouts and proposed access roads. Carol Richards requested that specific, detailed sewer and water plans be submitted to the Town. After further discussion, the Council agreed that Brian Duff should teview the plans for the 2 subdivisions as follows: a.) Wildridge Subdivision as Final.Plat Approval with submittal of final construction plans as per phases b.) Wildwood Subdivision as a Preliminary Plat Four Northwest Colorado Council of Governments A-95 projects were presented to the Council for review. Action taken on the projects was as follows: a.) Western Colorado Health Systems.... returned for more information b.) Comprehensive Employment & Training... approved "favorable" by the Council c.) Colorado Small Business Assistance Center... returned for more information d.) Comprehensive Planning Assistance (701)...returned for more information Under other business, a letter from the Colorado Department of Health, requesting authorization of the Eagle County Health Sanitarian as the "local health inspector for Avon," was discussed. The Council instructed the Town Clerk to contact Erik Edeen in reference to this issue. There being no further business, Steve Erickson moved.that the meeting be adjourned; seconded by Bill Doyle and adjourned by the Mayor at 11:15 P.M. Respectfully Submitted, jc-~ MINUTES APPROVED, NOTICE OF MEETING WAIVED: CL.AYCOMB • ~ ~pG f yc' ENGINEERING q A ASSOCIATES, INC. ~OuN May 22, 1979 Mayor Alpi and Council Members 0082 E. Beaver Creek Blvd. Avon, CO 81620 RE: Benchmark At Beaver Creek, Amendment #7 Dear Mayor Alpi and Council Members: At,.your request we have completed our initial review of the "Benchmark at Beaver Creek, Amendment No. 7", final plat and plan. This area is essentially the Metcalf Road, up to the Wildridge and Wildwood areas. Based upon our review and the necessary requirements of the subdivision regulations, it is felt the following items should be addressed: 1. Road Design - The proposed road design is for a 60 foot right-of-way (R.O.W.) at grades with an average of 7.26% considering the fact that this road is to receive the traffic of at least 780 units and more likely 1558 units, it is felt that this road should be classified as an arterial street with a recommended 90 foot R.O.W. While it may be argued that this is an extremely wide road, it should be remembered that this road will be the one or "one-of-two" access roads. All local construction needs, service needs, and homeowner needs will be served by this road in summer, winter or rain, snow or ice. Therefore, the use of a "local street" con- cept may cause serious problems. These same con- cerns exist with the proposed grade which averages 7.26%. A steep, narrow road can cause bad problems in winter time and during the construction season. Therefore it is our recommendation that the sub- division regulations be complied with for all "Arterial Streets". This would require a 90 ft. R.O.W. with a maximum grade of 5%. Additional Material - Construction drawings and a preliminary plan report were supplied for use and review. Yet even with this material, the following items need to be supplied; SI;II~I: 2c)7 VII-LA(II: PLAZA GL1-_N~~VOO11 SI'}~l~'G~.(:OLOIZ,~\l)O 816O1 303-94"_)-8(576 • • Mayor Alpi and Council Members Page 2 May 22, 1979 a) Traffic count calculations so road widths, grades and surface thickness requirements may be determined. b) Soil tests from which road designs were calculated. c) Final utility plan with final construction location(s) for gas, telephone and cable TV. d) Soil tests and analyses to determine if unstable soils are present and need to be designed for along the access road. I would like to refer to the conclusions in the "soils reports" in the "Preliminary Plan Report", for further clarification. e) Road cross-sections showing cut-and-fill areas. This is especially important in the steeper areas and along the entire Metcalf Road length, and the switch-backs (not on this plat). r f) Final construction plans and specifications. g) Guardrail location and details should be supplied. h) Sections 5.02.16 and 5.02.17 should be addressed in plans and specifications. i) Revegetation plan should be supplied. j) Rip-rap at crossings should be addressed. 3. Plat Detail - It is not felt that the submitted plat shows enough detail in the following areas: a) 100 year flood area, and major drainage channels. b) Easements or R.O.W. changes for cut-and-fill sections. c) All of Amendment No. 7, is not shown. d) Change Surveyor's Certificate and Town Certi- ficate to wordage in regulations. Mayor Alpi and Council Members Page 3 May 22, 1979 e) Preliminary plat for sections 35 & 36 show lots #352 and #353. This needs to be shown on Amendment No. 7, if these lots are planned. f) Should put total acreage amount on the "Land Use Summary". In conclusion, it is felt that these points need to be addressed before a final recommendation can be given. The type, amount, and quality of the submitted material is such that all adequate and comprehensive review cannot be completed at this time. When all the material is submitted as per the regulations, we should be able to do a comprehensive and thorough review. It is well understood that the Town and Developer have certain pressures and time frames to work with. Yet, unless the above mentioned points can be adequately addressed then a situation can arise that affects the entire subdivision and the Town. The creation of a steep, narrow road can put the Town in a tenuous position for operation and maintenance in the years ahead, plus the inability to serve the folks who would be living in the Wildridge and Wildwood areas. If you have any questions, feel free to contact us at any time. Yours truly, CLAYCOP•1B ENGINEERING ASSOCIATES, INC. Bryan Duff, P.E. Project Engineer BD/nje Enclosure DETAILED REVIEW COMMENTS BENCHMARK AMENDMENT #7 1. Road - 8.3% grade this filing, 10% grade in next filing, 9.0% around switchback with 130' radius next filing. Due to probable traffic count and critical nature of road (only access to area), should be classified as arterial with: Req'd. by Regs. As Submitted R.O.W. 90' 50 (60 proposed) Pavement width 38' w/12' shoulder 22' w/6' shoulder each side each side Max. grade 5% 8.30/0' (10% next filing) Cut/fill slopes w/o special protection 3:1 max. 2.1 to 112:1 Surfacing Designed by soils 2" asphalt on 6" gravel engineer Min. curve radius 500' 130' next filing Cut/fill limits Within R.O.W. or 10' to 20' outside R.O.W. easements Therefore, street does not meet any of the requirements for an arterial street (or for a collector). 2. Drainage - No drainage study is included for this subdivision. However, the submittal for Sections 35 and 36 reveals: a) The 6 hr. 100 year rainfall of 1.9 in. was used for calculations along with the 24 hr. rainfall/runoff peak discharge curve resulting in runoff values approximately 45% below those using the proper 100 year 24 hr. rainfall value of 2.4 inches. b) Utilizing data from the report, the discharge for Metcalf Creek would be approximately; 3 ± sq. mi. x 375 cfs/in/sq.mi. x 0.51 in. = 574 cfs Based on 600 cfs, slope - 80/,', channel cross section of 10' bottom, 2:1 side slopes, "n" value of 0.030, the velocity of flow in Metcalf would be 20 fps. Safe, non- errosive velocity would be about 6 fps. Therefore riprap will be an absolute necessity along any re-aligned sections of channel and along toe of any road fill slopes. Headwater/depth ratio to pass 600 cfs through 72" CMP approximately 4, or 4' x 6' = 24' headwater depth about 10' available. Exit velocity would be 21 fps. No cross street culverts are shown and no information is given relating quantity of flow in roadside ditches. Drainage easements have not been included on the plat for Metcalf Gulch. 3. Water Storage Tank - The proposed 0.5 million gal. tank is to be located such that it protrudes into the 50' R.O.W. of Metcalf Road. 4. Soils - Entire Metcalf Road in geological zone noted as requiring "Detailed geologic and engineering investi- gation of entire area for development planning and special- ized investigations required for specific construction sites". Furthermore, soils report dealt only with Brush Creek access road alignment, not even showing the I'%~etcalf Gulch alignment. i RESOLUTION NO. 79-7 TOWN OF AVON SERIES OF 1979 WHEREAS, an emergency situation exists with respect to the construction of the half million gallon water storage facility to be located by the Avon Metropolitan District at a site in Metcalf Gulch; and WHEREAS, the said storage facility must be completed by August 1, 1979, and, if it is not completed, and a good faith effort has not been made towards its completion, the water supply to the Town of Avon will be discontinued; and WHEREAS, the Avon Metropolitan District has obtained the services of a contractor who can undertake and complete the proposed project; and WHEREAS, there exists in the Upper Eagle Valley both a housing shortage, and, more relevantly, a total lack of spaces for mobile homes on a short-term basis; and WHEREAS, the experienced personnel on which the contractor is relying to be able to complete this water storage facility are people who live in small mobile homes and camping trailers which they take with them from job to job; and WHEREAS, unless the contractor can secure for these experienced people spaces in which they can set up their mobile homes and camping trailers, they will not work on the job involving the contruction of the water storage facility; and WHEREAS, space for such mobile homes and camping trailers exists within the Town of Avon at several locations; NOW THEREFORE BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: The area of lot 5, Block 1 which is owned by Bench- mark and the neighboring area which is open space be designated as a temporary trailer site for Schmidt- Tiago Construction Company. The Company shall present to the Town their proposed layout and shall not be allowed to occupy the site until the hook-ups are inspected by State and/or County health officials to assure the Town that all health standards are met. The Town will rely upon Holy Cross' hook-up to assure electrical standards have been met by the Company, as well as an Electrical Inspection by the Town Electrical Inspector. The occupancy of the site shall be designated emergency special use, specifically for Avon Metropolitan District. Occupancy of the site shall not exceed 180 days and upon vacation of the site, the area shall be cleaned up with the removal of all temporary facilities desired by the owner. Tiago shall pay all temporary taps and services required by the various utilities, as well as all proper permit fees to the Town of Avon. Occupancy of the site shall also'be subject to other conditions as the Council may determine from time to time, such as proper. control over parking. INTRODUCED, READ AND ADOPTED THIS p~a ASJ DAY OF MAY, 1979. TOWN OF AVON An e o Y. Alpi M or ATTEST: Town C1 rk, Tonie Koonce - .r , ! 0 MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCILMEMBERS OF THE TOWN OF AVON HELD MAY 31, 1979 The special meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Office, second floor, Benchmark Center, Avon, Colorado. The meeting was called to order by Mayor Angelo Alpi at 7:40 P.M. Council- members in attendance were Angelo Alpi, William Doyle, Richard Casserley, Steven Erickson, Allan Nottingham, Carol Richards, and A.J. Wells. Also present was Town Attorney John Blish. The first reading of Ordinance No. 79-13., "AN.ORDINANCE-SETTING_.QUT_THE_.QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTIONS AND PROVIDING FOR DETAILS IN RELATION THERETO," was the only agenda item before the Council- members. After discussing the specific language of each Charter Amendment, Richard Casserley moved Ordinance No. 79-13 be approved on first reading. Carol Richards seconded the motion. A roll call was taken with all Councilmembers voting yes. ( A COPY OF ORDINANCE NO. 79-13 IS ATTACHED TO THESE MINUTES.) There being no further business, Steve Erickson moved that the meeting be Adjourned; seconded by Bill Doyle and adjourned by the Mayor at 9:30 P.M. Respectfully submitted, C~Coll XxIe-1- MINUTES APPROVED, NOTICE OF MEETING WAIVED: STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF a public hearing before the Town Council of the Town of Avon, Colorado, at 7:30 P.M. on the 7th day of June, 1979 at the Town Hall for the purpose of considering the adoption of ORDINANCE NO. 79-13: AN ORDINANCE SETTING OUT THE QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTION AND PRO- VIDING FOR DETAILS IN RELATION THERETO. A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This meeting is open to the general public. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 31st day of May, 1979. TOWN OF AVON, COLORADO By order of the Town Council By: TOWN CLERK POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 1, 1979: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER ORDINANCE NO. 79-13 SERIES OF 1979 • AN ORDINANCE SETTING OUT THE QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTION AND PROVIDING FOR DETAILS IN RELATION THERETO. NOW, THEREFORE, be it ordained by the Town Council of the Town of Avon, Colorado that the following questions be submitted to the referendum election to be held on July 10, 1979: 1.) Granting of Franchises Shall Section 17.6 of the Charter for the Town of Avon, Colorado be amended to read: "The Town Council shall establish by Ordinance the terms, fees, compensation, conditions and any other matters related to granting of fran- chises?" A vote ' yeas' on this i&sue wiU peAmi t the Councit to gkan-t a Snanchise Son Cabte TV in Avon, Cototcado. 2.) Tax Authority and Limitations Shall the following sentence in Section 13.1 of the Town Charter for the Town of Avon, Colorado be deleted: "Provided, however, that no use tax, occupation tax or excise tax shall be levied until such tax shall be approved by a majority of the electorate, voting at a regular or special election; and pro- vide, further, that..." A vote 'yeas' on -thi.6 issue wife p.cwv,ide the Councit with the awthoAi..ty to Levy an occupation -tax on e.eectiic, -telephone and other pubtic uti eitim. 3.) Qualifications Shall Section 4.6(c) of the Charter for the Town of Avon, Colorado be amended to read: "The Town Council shall be the judge of the elec- tion and qualification of its own members. Any Councilmember who fails to attend two consecutive regular meetings shall be subject to inquiry by the Council and may be expelled upon vote of a 2/3 majority of the remaining Councilmembers." A vote ' yeas' upon this .us sue wiU gAant .5peci6.ic authoA i.-ty to the Councit to .inquire and duscipt ine -i t.6 membe z Son Saitune to attend meeti.np. -2- 0 4.) Terms of office - Mayor and Councilmembers Shall Section 4.2 (d) and (e) of the Charter for the Town of Avon, Colorado be amended to read: "The terms of office for Councilmembers shall be four (4) years provided, however, that no member shall serve for more than eight consecutive years. Any Councilmember who is appointed to fill a vac- ancy as well as any Councilmember who was initially elected in the election which took place on August 8, 1978, may serve, in addition to the initial term a total of no more than eight additional years." A vote ' yeas' on this issue wilt ctati 4 y the maximum tenm and numbers o6 years each Town Counc.iif-memben may AeAve. 5.) Town Manager Shall Section 8.1 of the Charter for the Town of Avon, Colorado be amended to read: (AMENDMENT IN ITALIC) "The Mayor shall be the chief executive and admin- istrative officer of the Town until such time as the Council shall appoint a Town Manager. Duting such peAiod o5 time and pAim to the appointment o6 a Town Managers, the Mayon zhaPt be compensated as the the Councit may detenm-i.ne by Undinance. At such time as the Council shall appoint a Town Manager the provisions of this Chapter VIII shall control. The Council, by a majority vote, shall appoint a Town Manager within a reasonable time whenever a vacancy exists in such positions. Such appointment shall be without definite term and shall be at a salary to be fixed by the Council. The Manager shall be appointed without regard to any consideration other than his fitness, competency, training and ex- perience as a Manager. At the time of his appointment, he need not be a resident of the Town or State, but during tenure of office he shall reside within the Town. No member of the Council shall be appointed Manager at the time said person person is a member of the Council." A vote 'yeas' upon this issue witt attow the Mayon to be compensated white pe~L6onm.ing admin,iz taative duties, a'tit such time as the Town Councif deems it necezsany to h.ine a butt-time Town Managers. 6.) Qualifications Shall Section 4.6 (b) of the Charter for the Town of Avon, Colorado be amended to read: "No elected official shall be a salaried employee of the Town during his term of office, other than as provided in this Charter." A vote ' yeas' on this issue w.i t ceati 6ty the zetvieed that Town Counei4 membeAs may pen6onm bon the Town. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED THIS DAY OF 1979. TOWN OF AVON BY: MAbCO ATTTEST: y/ f( Cam,' Liz ~c~Q_ c BY: TOWN CLERK INTRODUCED, READ ON SECOND READING, APPROVED, PASSED, ENACTED AND ORDERED PUBLISHED THIS DAY OF , 1979. TOWN OF AVON BY: ATTEST: BY TOWN CLERK