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TC Minutes 11-27-1984C1 • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD NOVEMBER 27, 1984 - 7:30 P.M. The regular meeting 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 7:30 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Building Administrator Dan Fogland, Director of Public Works Norm Wood, Chief of Police Joe Olson, as well as members of the press and public. The Town Attorney approached the Council. Mr. Dunn requested that the Council recess into executive session briefly. He stated the reason being that he would recommend that Ordinance No. 84-13 be postponed indefinitely. The reasons relate to the pendency of the Sunroad case against the Town. Sheila Davis moved that Council recess into executive session. The motion was seconded by Steve Miller, and was unanimously carried. The Council recessed into executive session at 7:33 p.m. and reconvened at 7:43 p.m. The Mayor stated that Christine McGinley was before the Council earlier, at the Bluegrass, and Barbe, some of the planning The Mayor called for There being no one public hearing. work session. He reviewed the Balloons, que Festival of last year and also reviewed for the future. Citizen Input. wishing to be heard, the Mayor closed the Second reading of Ordinance No. 84-14, Series of 1984, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE AGREEMENT AND REPEALING ORDINANCE NO. 84-11. The Mayor opened the meeting for public hearing. There being no -1- • one wishing to be heard, the There being no discussion ordinance for approval. Sheila Davis moved approval 1984, on second reading. The Those Councilmembers voting Davis, A.J. Wells, Al Councilmembers voting "nay" carried by a 5 to 1 vote. Mayor closed the public hearing. from Council, the Mayor offered the of Ordinance No. 84-14, Series of motion was seconded by Steve Miller. "aye" were: Steve Miller, Sheila Connell, and Don Buick. Those were: Clint Watkins. The motion It was requested that Ordinance No. 84-13 be deferred until later in the meeting. The Council agreed. Resolution No. 84-47, Series of 1984, A RESOLUTION REQUESTING THE TOWN OF AVON POLICE DEPARTMENT WITHDRAW FROM THE STATE OF COLORADO FIRE AND POLICE PENSION ASSOCIATION. The Town Manager stated that the Police Department was interested in changing their Police Pension Plan. This resolution would give the Department the opportunity to notify the State of Colorado, a year in advance, that it would be in the best interest of the Police Department to have a different plan. He stated that it puts the State on notice that the Department intends to look at a different plan. Attached to the resolution was a memorandum, signed by all the police officers, agreeing that they would like to pull out of the State plan. Sheila Davis moved approval of Resolution No. 84-47, Series of 1984. The motion was seconded by Steve Miller, and was unanimously carried. Re-Subdivision of Tract Q and Tract R, Block #2, Benchmark at Beaver Creek. Norm Wood approached the Council. He stated that, basically, this re-subdivision would eliminate the line between Tracts Q and R, and then would subdivide Tract Q into two lots. He stated that, technically, it would qualify as a minor subdivision. At the staff level, it was recommended that this go through the full subdivison process for two reasons, 1) Tract Q has an existing building on the lot that has parking requirements, building setbacks, lot lines, etc., associated with it; 2) This particular Tract is located in an area through which preliminary investigation for the Town's Development Plan indicates an additional street right-of-way may be required. -2- • • Mr. Wood recommended that this matter be referred to the Planning and Zoning Commission for their review and input, prior to Council action in approving the plat. Be it noted that Attorney Art Abplanalp arrived at 7:52 p.m. Jim Cunningham approached the Council, representing the owners of the property. He discussed the proposed right-of-way. He stated that they would be willing to work with the Planning Commission and the Council on this matter. Councilman Wells stated that he appreciated future planning, but unless the Town was prepared to condemn that land, he didn't think it was fair. He stated that the original land plan did not call for the road. He didn't think it was necessary, but felt that there could be improvement. Mr. Wood stated that, in discussions with Mr. Cunningham, it was determined that one of the decisions Council would have to make was whether the time was right to take the step to purchase the land and move ahead, or just let things go and hope they work out for the best. He stated it was part of the planning process, but would have to be answered at some point. Mr. Wood stated that the purpose of the road was to have two main accesses to the east side of the lot, as there is on the west side. Mr. Cunningham stated that they requested a minor subdivision so that they could possibly sell or lease the property. They have committed to put some money back into the old building, all of which is part of the planning process. Councilman Wells stated that they bought the land with the access behind City Market fully aware of what the situation was. If they want to change and improve it, he felt they should pay for it, not the Town. Lengthy discussion followed. Councilman Watkins stated that this was important enough to refer to the Planning and Zoning Commission for more review, to see if there are other solutions rather that the Town coming up with $35,000. Clint Watkins moved to continue the public hearing to the December 11, 1984, meeting and to defer the plat to the Planning and Zoning Commission for their review and comments. The motion was seconded by Steve Miller, and was unanimously carried. -3- • • First reading of Ordinance No. 84-13 was then presented to the Council. AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor stated that there had been considerable discussion of this ordinance at the November 13th Council meeting and that requests were received from the Council to revise the ordinance as it was presented at that meeting. Art Abplanalp reviewed the changes with the Council. Once again, the Accommodation Unit and the Accommodation Suite were discussed. Also discussed were Hotel-Lodge Units. Councilman Wells requested that Mr. Abplanalp explore the language to allow more alternative types of ownerships with financing, if they could demonstrate operation as a hotel. He also requested that the Attorney study the idea of the kitchenette being different than a regular kitchen, and determine where the language of the square foot limitation should be placed in the ordinance. Mr. Wells stated that he was strongly in favor of that language being in the ordinance. After some discussion, Al Connell moved to table Ordinance.No. 84-13 indefinitely so that the attorney could do some further research. The motion was seconded by Don Buick, and was unanimously carried. The Town Manager reported on the Tract P Agreements. Be it noted that Mayor Nottingham and Councilman Wells stepped down due to conflict of interest. The Mayor Pro Tem proceeded with the meeting. The Town Manager stated that his proposed schedule would be for Council to take final action at the December 11th meeting and to meet with the School District on December 12th for their final action. He stated he would request that the Water Authority meet within that time frame to take final action on their Agreement, then he would present the multi-party Agreement to the County Commissioners on December 17th. No action was taken. The Mayor and Mr. Wells resumed their seats. The Town Manager reported on the budget. He stated that there would be a final budget amendment presented to the Council on December 11th. At that time, there would be a formal public -4- • • hearing for residents to comment on the budget. Mr. James stated that he would like to review some new projections for the five year plan, after the meeting was adjourned, which would give the worst case, middle of the road, and high gross scenarios. No action was taken. The Town Manager reported on the Forest Service Appeal. He stated that Norm Wood, A.J. Wells, Allan Nottingham, Clint Watkins, Al Connell, and he met with the Forest Service on November 14th. He stated that, basically, the Forest Service convinced them that the change they had made in the initial Master Plan for the White River National Forest would in "no way" affect their decision in regard to the land exchanges. The Forest Service felt that the appeal itself could hinder the exchange more than help it. Mr. James stated that, after a lengthy discussion with the Forest Service, he had sent a letter to the Regional Forester to withdraw the appeal. He stated that the Division of Wildlife had concerns with the upper area of Buck Creek, the winter grazing ground for elk and deer. He felt that the Division of Wildlife would appeal any land exchange decision unless the Town could satisfy that need for winter grazing land. Discussion followed. No action was taken. Norm Wood reported on the meeting with the Highway Department Commission that was held in Grand Junction on November 26th. He stated that he had attended the third meeting of the State Highway Commission in regard to prioritizing requested projects for the five year Highway Improvement Program. He stated that Avon had three minutes to make its presentation for the project on Avon Road. He stated he didn't think that Avon would rate very high on the priority list. He stated that he had talked to some of the Commissioners and District Engineers, off the record, who stated to him that if the Town really wished to go ahead with the project, it would have to come up with some local funds, and do a feasibility study to come up with some costs. Mr. Wood stated that if this were done, then the Town would have something to approach the State Highway Commission with. Councilman Wells stated that he was interested in an on-grade crossing at the west end of town. He felt that he was not against trying for the grade crossing on Avon Road, but was for something the Town could use today, for a lot less money. Mr. Wells stated -5- that the Town needs that west end access. M stated it would be a real key, not only for but also for the bus system operation. After some discussion, the Council agreed initially write a scope of services for the costs, then return to the Highway Commission would take to do the project. r. Wood agreed. He traffic circulation, to have Mr. Wood study, retrieve some to show them what it The Financial matters were next presented to the Council. A.J. Wells moved to receive items #1 through #8. The motion was seconded by Don Buick, and was unanimously carried. A.J. Wells moved approval of the General Fund Accounts Payable for November 27, 1984. The motion was seconded by Al Connell, and was unanimously carried. Sheila Davis moved approval of the Capital Projects Fund of Accounts Payable for November 27, 1984. The motion was seconded by A.J. Wells, and was unanimously carried. A.J. Wells moved approval of the Reconciliation of Accounts Payable General Fund for November 27, 1984. The motion was seconded by Sheila Davis, and was unanimously carried. Sheila Davis moved approval of the Reconciliation of Accounts Payable Transit Fund for November 27, 1984. The motion was seconded by A.J. Wells and was carried, with Clint Watkins voting "nay" The minutes of the November 13, 1984, Council meeting were next presented to the Council. Sheila Davis moved approval of the November 13th Council meeting minutes. The motion was seconded by Steve Miller, and was unanimously carried. Councilman Miller requested that Larry Brooks be present at the next Council meeting so that he could be introduced to the Council. -6- 0 0 3. There being no further business to come before the Council, Al Connell moved to adjourn. The motion was seconded by Don Buick. The meeting was adjourned by Mayor Nottingham at 9:10 p.m. The Council then retired into a work session to discuss some new projections for the five year plan. -7- RESPECTFULLY SUBMITTED: