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TC Minutes 02-24-1981MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD FEBRUARY 24, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Offices, second floor, Benchmark Shopping Center, Avon. The meeting was called to order by Mayor Alpi at 7:40 p.m. A roll call was taken with all the Councilmembers in attendance with the exception of Allan Nottingham who was absent. Also present were Town Attorney John Dunn and Chief of Police Dave Martinez as well as members of the press and public. First on the agenda was Jay Peterson representing the First Bank of Avon and Organization and Vail Associates, Inc. regarding the Bowling Alley Site. Also appearing with Mr. Peterson were Ann Holland, Roger Behler from the First Bank and Larry Lichlighter from Vail Associates, Inc., Gary Swetish and Tom Bryner, the architects for the project. Mr. Peterson stated that they appeared before the Design Review Board in January and at that time they received final Design approval for their expansion subject to final granting of a variance request on rear setback, side setback and impervious material and a parking variance. Mr. Peterson stated that they had a positive recommendation on the rear setback, side setback and the impervious material and they had a negative recommendation on the parking variance for 26 parking spaces. Sincc that time First Bank has redesigned the uses of the building. They no longer will have a restaurant in the bowling alley when it is totally renovated. It will be converted to all office space and bank. By taking out that use,:they would come up with 47 parking spaces. At this point they are no longer asking for a parking variance. Mr. Peterson stated that in the future it could be possible to enter into a joint use parking agreement with the owners of Lot#65 if so desired. Mr. Peterson asked the Council to grant them a rear setback variance, a side setback variance and impervious material. The 47 parking spaces are located in front of the building and along the side and are 9x19. After discussion Steve Erickson moved approval of the variance for the First Bank of Avon and Organization for a 5' rear setback, 5z side setback, 13% variance on lot coverage noting that it would be all part of the existing building. The motion was seconded by Hugh Price and was unanimously carried. NOTE: Elmer Claycomb, City Engineer noted one item for the Council and the applicant to be aware of. As part of the Master Drainage Study the area between the parking lot of City Market down to the area close to Christie Lodge, that it drains down through that area. The Master Drain Plan calls for a storm sewer through that route in some manner since it is viewed as an existing situation. This would be brought through the back lot line (Lot#23). The storm sewer would probably be constructed under- ground. Rick Cuny representing Cuny/Jordan Partnership approached the Council. He was requesting approval for a resubdivision of unit 101 into 101-102 and designated for storage. It was noted that on the Mylar, 101 was identified as temporary office space. After discussion Steve Erickson moved approval of the Buck Creek Plaza resubdivision, Lot#72,Block#l subject to them changing the wording from "temporary office space" to "storage" in unit 101. The motion was seconded by Hugh Price and was unanimously carried. Bob Armen representing J.W. Skinner and Associates, Lot#30,31, Block#l approached the Council. He was requesting approval of vacation of a Lot Line and changing the zoning from I.C.(Industrial Commercial to G.C.O.(General Commerical Office Space). With some discussion it was agreed that Mr. Armen would have to submit letters from all utility companies. It was noted that any variances or special review uses has final approval by the Council. A.J. Wells moved approval for a resubdivison of Lots#30,31, Block#l subject to eliminating the Lot being designated Lot#l and changing it to be Lot#30/31 and that the primary purpose of this resubdivision is to eliminate a lot line in related easements so therefore, it will also require quick-claims or letters from all the utilities, that is, Mountain Bell Telephone Co., Rocky Mountain Cable T.V., Holy Cross Electric Company, Avon Metro Water District, Upper Eagle Sanitation and Public Service and for the Council to give their consent for the intended usage to be General Commerical. The motion was seconded by Bill Doyle and was unanimously carried. Jack Acuff Financial Vice President of Vail Associates and Beaver Creek Association and Rodger Lessman Vice President of Vail Associates and General Manager..of Mountain Operations approached the Council requesting authorization to a tax exempt financing in order to expand the snowmaking facilities at Beaver Creek and also to provide an additional chair lift at Beaver Creek in order to open up the western hill side. The Financing proposed would be in accordance with the Colorado County and Municipality Bond Revenue Act, whereby they would create qualifying sports facility expendutures and issue the bonds or other types of financing under the name of the Town of Avon and that the bonds would not be a direct obligation of the Town. It would be the sole obligation of Beaver Creek Associates and be guaranteed by Vail Associates. These bonds or notes would be in the amount of $2,700,000. Mayor Alpi stated that the Town of Avon needs help also 1) to establish an identity for the Town and 2) there was a problem with transportation to get to the ski area and asked if it could be feasible that VA and Beaver Creek help in those matters. There was some question of whether the golf course would be open to the public. Councilman Price stated he would like more input as they go back and review the questions that were made. Councilman Erickson stated he would like to see the details worked out so that there would be benefit for both parties. Councilman Wells stated that the Council was asking for two things, 1) that a Beaver Creek Bus pass through the Town of Avon every half hour from 8:30 to 10:30 a.m. and from 3:30 to 5:00 p.m. to pick up the Avon residents to.go to the Beaver Creek Mountain, 2) identification which never seems to appear on Beaver Creeks' marketing material and maps where the Town of Avon proper appears. At that point A.J. Wells moved approval of the Inducement Resolution No.# 81-3, Series of 1981 contingent upon and provided that a commitment be received from Beaver Creek group to provide a reasonable and similar-busing system, not for just one year, but indefinitely until another busing system antiquates the present system and contingent upon the Beaver Creek group so identifying the Town of Avon to the extent of being on their marketing material and maps. The motion was seconded by Steve Erickson and was unanimously carried. Dan Corcoran representing the Balas Townhouses, Phase II, Lot#7, Block#l. The property is under contract for purchase by Mr. Casalino. At the time of closing there was a request for an improvement location certificate. When the foundation was surveyed they discovered that the west corner of the foundation was 32 feet into the 72 foot easement and side setback. Mr. Corcoran approached the Council requesting approval for a side line setback variance. It was noted that Mr. Corcoran did not submit a mylar of the encroachment into the easement, they did however submit letters from the utilities companies with the exception of Avon Metro Water District. After discussion Steve Erickson moved approval of the encroachment into the easement between Lot#6 and 7, Block#l contingent upon the owners bringing in an approved plat revision that would be looked at by the Town Engineer, the Building Administrator and the Town Attorney before it being signed by the Mayor and that all utility companies provide letters satisfactory to the Town. The motion was seconded by Bill Doyle and was unanimously carried. -2- 9 0 Norm Wood, Town Engineer approached the Council. He was requesting approval of the proposal for the preliminary design which was submitted about a month ago for the widening of East Beaver Creek Boulevard. Steve Erickson moved approval of the design, seconded by A.J. Wells and was unanimously carried. First reading of Ordinance No.#81-2, Series of 1981, AN ORDINANCE PROVIDING REGULATIONS FOR MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF AVON AND PROVIDING PENALITES FOR THE VIOLATION THEREOF. There were corrections, deletions and discussion on this Ordinance. It was requested that a copy of the State Bill regarding the Mobile Home Park be available. Section 3(1) delet "exclusive of park driveways", page 2(4) after the word refuse add "or unlicensed vehicles", Section3(1) discussed the tie downs for future Mobile Homes coming in, Section 4(1) delete "alterations and additions, Section 5(e) discussed the stop and waste valve, Page 3 section 6(1)discussion on this paragraph, page 5, Section 10(1) add "requiring somebody be responsible at the Mobile Park as far as handling emergencies when the manager is away, and add the word "safe" after the word "orderly", page 6(5) discussed pet control and should add that they obey the current Ordinances of the Town of Avon, Section 11(1) fee for park license should be equivalent with whatever the County fees are - $100.00 min. and $3.00 per space, Section 8, change to read "in accordance with the Electrical Code from time to time as in effect the Town of Avon". After input from the Council and the residents of the park, Steve Erickson moved to table Ordinance No.#81-2, Series of 1981 in order to have the revisions inserted into the Ordinance and present it at the next regular meeting for first reading, seconded by A.J. Wells and was unanimously carried. Second reading of Ordinance No.#80-27, Series of 1980, AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF AVON TO INCREASE FEES FOR SUBDIVISION APPLICATION REVIEW AND FURTHER AMENDING SAID REGULATIONS WITH RESPECT TO CERTIFICATES FOR AMENDED PLATS AND CONDOMINIUM PLATS. There was discussion and some question of the increase of fees for the amended plats and condominium plats. It was stated if the fees are excessive or low there are provisions in the Ordinance for adjustment. After discussion Hugh Price moved to pass Ordinance No.#80-27, Series of 1980 on second reading as presented. The motion was seconded by Steve Erickson. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-3, Series of 1981, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.#79-10,SERIES OF 1979, REGULATING WORK WITHIN THE PUBLIC WAYS OF THE TOWN OF AVON, COLORADO; ESTABLISHING PERMIT REQUIREMENTS AND FEES; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHORIZING CHANGE AND AMENDMENTS THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Norm Wood, Town Engineer discussed the revisions through out the Ordinance. There were some additions and deletions. On Section 9, page 4 add "more than one item may be included on a permit provided all items are within the immediate vicinity", on page 17, delete Section E. It was noted that there were two meetings held with the utility companies to discuss this Ordinance. All the utility companies were represented at the Council meeting. They all were concerned about the increase in the fee schedule. Jerry Davis, Rocky Mountain Cable T.V. suggested to have someone from outside which had no bearing on the situation to look at the fees to see if they are in line. Jack Watson, Mountain Bell Telephone stated that because they are such a big company they may consider an alternative which would be an aerial plan because of the high fee schedule. Bill Holland, Mountain Bell Telephone stated that this digging permit contract was the first one that he ever looked at that made him nervous and he thought there should be a better way to solve the problem. -3- continued Ord.#81-3 0 After lengthy discussion Steve Erickson moved approval of Ordinance No.#81-3, Series of 1981 on first reading, but before second reading, receive more information from the utility companies on the fees that pertain to this Ordinance and that there be another meeting set between the Town Officials and the utility companies to discuss the information that they collected from other communities or any other item in the Ordinance that they feel to be unreasonable and that the Council should have that report before the second reading. The second reading for this Ordinance was set for the second regular meeting in March (March 24). The motion was seconded by A.J. Wells. A roll call was taken with the Councilmembers voting yes with the exception of Shelia Davis who abstained. Jim Bennett with U.S. Home approached the Council. He was requesting Condominium Map approval for Christie Lodge, Building 8 only. After discussion Steve Erickson moved approval of the Condominium Map for Building 8 only of the Christie Lodge, Lot#25, Block#2, Town of Avon as it stands. The motion was seconded by A.J. Wells and was unanimously carried. The Mayor reported on the Eagle County Transportation Study. The total cost would be $38,431.00 which would be split 4 ways, County of Eagle, Town of Avon, Town of Vail and Beaver Creek Resort. On top of that they added a 10% contingency. They divided it into two phases. Phase I the cost would be $5,914.00, but if the total study would be continued, the cost would be"$11,527.00. After some discussion the Council agreed to go with Phase I. The Accounts Payables were next presented to the Council. Steve Erickson moved approval of the Accounts Payables, seconded by Shelia Davis and was unanimously carried. The minutes of the 24th meeting were next presented to the Council. A.J*. Wells moved approval of the minutes of the 24th meeting, seconded by Bill Doyle and was unanimously carried. There being no further business, Steve Erickson moved that the Council adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 1:00 a.m. Respectfully Submitted: Town Clerk