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TC Minutes 03-10-1981• 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD MARCH 10, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town e6 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 Brian Rapp, President of the Beaver Creek Resort Company. He stated that the Town of Avon and Beaver Creek would have to work together and to insure that there would not be any lingering questions; concerning the agreement on behalf of the resort company with respect to the IRBS'(Industrial Revenue Bonds). The bus system was discussed. There was some concern from Councilmember Davis of just the two stops on West Beaver Creek Blvd. Mr. Rapp stated that would not hold true to fact, that the driver would stop for skiers more than just the two designated stops if necessary. After discussion the Town Attorney stated that the Resolution had been adopted at the February 24th meeting contingent upon certain requirements, and now those requirements have been met. A.J. Wells moved approval to accept the offer from Beaver Creek Resort Company as set forth in their letter of February 27th, 1981, seconded by Bill Doyle and was unanimously carried. Joanne Deighan and Bill Franklin(consultant) with the Eagle County Resource Recovery Project approached the Council. Ms. Deighan stated that they have moved into Phase II of the project. They are looking at three potential sites for resource recovery waste to energy plants, two are in the Avon area, one is adjacent to the Upper Eagle river and the other is just across the river from the plant. The third site is still at the Sgaw Creek' plant. The consultants have just completed an Environmental Assessment of all three of the sites. They wanted Council reaction to the assessment and sites proposed. Mr. Franklin stated that they had made a traffic study on Highway#6 and found that the additional traffic would be 1/2 to 1%. It was stated that there would be smoke emission from the plant. The size of the building would be 140x160 and approximately 30' high, the maximum stack height would be another 10 feet. The access on the Avon side would have to be through Sunridge as will the ingress and egress for the sewer plant itself in the future. There were some pomplaintsfrom the Historical, Archaeological and Geological members concerning the barn. If the plant were put there the barn would have to be moved. The owner of the plant has not yet been determined. Mr. Franklin stated he wanted to discuss all these issues with the Council to inform them of the study. He stated there would be no offensive odor emission from the plant. There was some concern about the transporting and spillage of the ash. Councilmember Price asked to hear any positive reasons why the Council would welcome such a facility. Mr. Franklin stated 1)_ service to the immediate community and 2) the reduction of cost. The Mayor thanked Mr. Franklin and Ms.Deighan for coming. • Ms. Missy Ober with the Northwest Colorado Council of Governments approached the Council to inform them of the 404 Wetlands Program. Ms. Ober then showed slides. A packet of the program was then presented to the Council. She stated that the photos were taken by the Corps of Engineers in October of 1979, that the government does have the jurisdiction over the Wetland Program. It was stated that if Avon wanted to clean out the silt in the lake, a 404 permit would have to be obtained because the government considers that dredging. It could be completely drained without a permit as long the the soil would not be disturbed. This law became effective June of 1977 for this area. The`C&uncil stated they were not supportive of this program. Ms. Ober stated that the State would be taking over the 404 program in the near future. She also stated that anything under 10 acres would not apply to this program. The Nottingham Lake is 16 acres in size. The Mayor thanked Ms. Ober for coming. 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 PENALTIES FOR THE VIOLATION THEREOF. There was discussion and additions to this Ordinance. On page 4, Section 10, add "The name and phone number of such person shall be conspicuously posted at all times". Hugh Price moved approval of Ordinance No.#81-2, Series 1981 on first reading with the amendment suggested. The motion was seconded by Steve Erickson. A roll call was taken with all the (ouncilmembers voting yes. The financial matters were next presented to the Council. It was noted that a copy be made of the monthly Capital Project Fund invoice for the Council. After discussion Steve Erickson moved approval of the Accounts Payables, seconded by A.J. Wells and was unanimously carried. Town Attorney John Dunn reported on the lease between the Town and the Financial Leasing Consultants. This lease was dealing with the Computer. The Attorney.stated he had made some changes in the lease. He discussed the one year lease with option. The Attorney suggested that the Town buy the equipment outright($7,000) and to check into the warranty. A.J. Wells moved approval to authorize Lou Acosta as Financial Officer to execute the lease on behalf of the Town with Financial Leasing Consultants, seconded by Sh e it a Davis and was unanimously carried. The Mayor reported that Attorney John Blish presented to the Council at the workshop of the 10th of March, a proposed amendment to Ordinance No.#80-8, Series of 1980 concerning Time-Sharing. It was suggested that the Town Attorney look it over. The Town Attorney reported on the Vail Watershed Ordinance. He stated he sent a copy to the Town Engineer Norm Wood to get some input. The Mayor reported on Lots#20,21, in Block#l, Metcalf Road. The Mayor stated that those lots are owned by 40 owners. He stated that Beaver Creek Resort has approached the Town on a joint venture on a maintenance building for the Town vehicles and Beaver Creek's vehicles, buses, etc. The Mayor asked the Council if they would want him(Mayor) and the Town Attorney to pursue it on the basis of the Town 4cquiring lots#20,21. The Town Attorney stated that the Town would probably have to condemn the land and that a letter be sent to all the owners of lots#20,21 asking the owners to sign the deed and return it to the Town and that the letter include a check for $100.00. -2- • r Continued Lots#20,21, Block#l After lengthy discussion A.J. Wells moved approval to authorize the Town Attorney John Dunn and Mayor Alpi to proceed to take steps to see if they can't acquire Lots#20,21 in Block#l, Benchmark Subdivision from the 40 lot owners for the purpose of public use by the Town of Avon and to authorize up to $100.00 per owner. (There was discussion of the price of the check). At that point Councilman Wells continued with the motion amending that the Council further authorize the Town of offer up to $500.00 to each property owner. After more discussion about the price, Councilman Wells amended the motion to read $100.00 per owner, seconded by Hugh Price and was unanimously carried. The Mayor reported on the fence that the Rio Grande Railroad was replacing. The railroad stated that Millie's Lane was in the railroad's right-of-way. It was suggested to check and see if the Town of Avon ever had accepted Millie's Lane into the Town. It was also stated that Pacific Heritage Corporation should be notified and to get involved with this problem. After some discussion it was suggested that the Attorney study the Zoning Code and get back with the Council. The uses and zoning changes were discussed. Councilman Wells stated that he would want the Council to re-establish the fact that the Council treats as zoning change any change in use either increase or decrease in units or any physical change in use. After discussion it was suggested to amend part of the Zoning Ordinance and to have it ready for the next meeting. The violations were discussed that took place in the Town during the month of February. The logos were discussed. It was agreed to wait until Councilmember Nottingham was present before a final decision was made. It was agreed to vote on the Town logo the next regular meeting. The minutes of the 24th of February meeting were next presented to the Council. Steve Erickson moved approval of the minutes with these corrections, "Roger" to "Larry", "Bealer" to "Behler", "Obilgation" to "obligation", "gack" to "back". The motion was seconded by A.J. Wells and was unanimously carried. There being no further business Steve Erickson moved that the Council adjourn and Sheila Davis seconded the motion. The meeting was adjourned by Mayor Alpi at 11:25 p.m. Respectfully Submitted: "I Town Clerk