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TC Minutes 06-25-19850 a MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 25, 1985 - 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 7:40 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al Connell, A.J. Wells, and Don Buick present. Also present were Attorney Allen Christensen, partner in the firm of Cosgriff, Dunn, and Abplanalp; Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works Larry Brooks, as well as members of the press and public. The Mayor called for Citizen Input. Councilman Watkins stated there was concern regarding the unplayable condition of the softball field, located at the west end of the park (Tract P). It was stated that, due to the proposed future construction of the Water Treatment Plant, the field would not be able to be used. After discussion, Larry Brooks stated that there could be work done on the field, at a minimal cost, to make it playable for the summer, if so desired. The Council agreed. There being no further discussion, the Mayor closed the Citizen Input portion of the agenda. Second reading of Ordinance No. 85-10, Series of 1985, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING REQUIREMENTS. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Al Connell moved approval of Ordinance No. 85-10, Series of 1985, on second reading. The motion was seconded by Sheila Davis. Those Councilmembers voting "aye" were: Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion was unanimously carried. Second reading of Ordinance No. 85-14, ORDINANCE RESTATING SECTION 13 REGULATING SUBSCRIBER RATES AND CHARGES SET FORTH IN Series of 1985, AN CHANGE OF CABLE SERVICE ORDINANCE NO. 83-33, -1= • • SERIES OF 1983, OF THE TOWN OF AVON, COLORADO, ADOPTED ON AUGUST 23, 1983. Be it noted that Sheila Davis stepped down due to conflict of interest. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Steve Miller moved approval of Ordinance No. 85-14, Series of 1985, on second reading. The motion was seconded by Al Connell. Those Councilmembers voting "aye" were: Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion was carried, with Sheila Davis abstaining. First reading of Ordinance No. 85-13, Series of 1985, AN ORDINANCE AMENDING ORDINANCE NO. 84-9 TO CAUSE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON AS IT PERTAINS TO WILDRIDGE SUBDIVISION, A SPECIALLY PLANNED AREA. Norm Wood stated that Ordinance No. 85-13 was a request for a zone change for Lot 56, Block 2, Wildridge Subdivision. He stated that the original, ordinance-approved density of Development Rights for that lot was for two duplex units. He stated that the owners of the lot have requested a change from two duplex units to four Residential Development Rights. This would allow them to fractionalize the development on that lot. Mr. Wood stated that the Planning and Zoning Commission has reviewed the request, and has recommended the Town Council approve it. He stated that, since the public hearing held by the Planning and Zoning Commission, a letter has been received, from a Mr. W. Geoffrey Jewett, addressing the proposed zone change. Mr. Jewett was requesting that the zone change not be approved. He felt it would change the character of the subdivision, and that it would not be in compliance with the restrictive nature of the covenants that were created to uphold the value of the real estate within the subdivision. The Council reviewed the map. Mr. Wood stated that they would be going from four to seven units, three 800 square foot two-bedroom units and two 600 square foot one-bedroom units. There would be two buildings. He stated that the units above Lot 56 were primarily duplex lots, and the units below Lot 56 were primarily four-plex lots. He stated that Lot 56 was a large lot, located between these duplex and four-plex lots. Councilman Wells asked if the applicant had met with the Wildridge Covenants Committee. Mr. Wood stated he was not aware of any such meetings. Councilman Watkins stated he felt this request violated the spirit of the fractionalization ordinance. He stated that Council did -2- • • not intend for it to apply to duplexes. Mr. Watkins stated that he was against the request. Councilman Wells stated he could not support the request if it was in variance with the Wildridge Covenants. He felt that Council would open itself up to exposure. He stated that, if the applicant were to receive a variance from the Covenants Committee, he would be willing to entertain this request once again. He felt that, if the same building mass was involved, Council should probably look at it further. If it takes this sort of action to get things moving up in Wildridge, he felt it should be looked into further. He did not see any problem with this request, but could see a problem if Council had to consider eliminating lot lines and combining lots. After discussion, A.J. Wells moved to table Ordinance No. 85-13, Series of 1985. The motion was seconded by Sheila Davis. A.J. Wells, Sheila Davis, and Steve Miller voted "aye". Clint Watkins, Al Connell, and Don Buick voted "nay". Mayor Nottingham voted to table the ordinance, breaking the tie. The motion to table carried by a 4 to 3 vote. Next on the agenda was the Wynfield Subdivision, a resubdivision of Lots 29, 30, 31, and 32, Block 2, Benchmark at Beaver Creek. This was a public hearing. Norm Wood stated that, at Council's June 11th meeting, the Wynfield Subdivision preliminary and final plat was presented for approval. At that time, Council did receive the plat. They then referred it to the next meeting of the Planning and Zoning Commission for their review and comment. He stated that, after review, the Planning and Zoning Commission recommended approval, subject to a number of conditions. Mr. Wood stated that, since that time, a number of changes have been made, and there were a number of corrections to be completed before approval was recommended. Mr. Wood recommended that the resubdivision be reintroduced, to make the public aware of what was being proposed, ghat the public hearing be opened, and that the public hearing then be continued to the July 9th Council meeting, at which time the corrections and revisions would hopefully be completed. He suggested that action on the plat then be taken at that meeting. Mr. Wood stated that, as of today, a new request has been submitted. This was a variance request to change the right-of-way on the proposed street through the subdivision. The'proposal was for a cul-de-sac with a 40 foot right-of-way, rather than the required 50 foot right of way. Mr. Wood recommended that this request be referred back to the Planning and Zoning Commission for consideration with the revised plans. At this point, the Mayor opened the meeting for public hearing. -3- • • Steve Sutton approached the Council. He represented the Sunroad Group, Ltd., in regard to Lots 29, 30, 31, & 32, Block 2. He stated the reason behind the variance request was the State Highway Access Committee's access requirement for Avon Road. He stated that Aircoa, the developer of the Wynfield Inns, and the Sunroad Group, Ltd., have decided that, at this time, the costs are prohibitive. Estimates required for right turn in/right turn out, for acceleration/deacceleration lanes, and for medians, etc. were between $200,000 and $300,000. He stated that Sunroad was not in a position to talk about contributing to any type of road cut on Avon Road at this time. Mr. Sutton stated that they were proposing a cul-de-sac that would serve all four lots, including Lot 30. They proposed a 40 ft. wide road, with curb and gutter. He stated this concept was presented for Council's input and comments. The sharing of the cost between the owners of those lots was discussed. Mr. Sutton stated that, as far as Aircoa and Sunroad were concerned, they were not committed to any access, either now or later. In regard to the bus service issue, Norm Wood stated he saw a problem with another dead-end in regard to Avon Road access. Another problem was that the cul-de-sac would do nothing to decrease traffic at the intersection of Avon Road and Beaver Creek. He stated that, as other projects in the core area develop, traffic would increase. The 40 foot right-of-way was a third concern. Mr. Wood stated that, should traffic reach the point where a left-turn lane was necessary, the 40 ft. right-of- way would not allow for it. He stated there would not be room to address drainage and a number of other concerns. Mr. Sutton stated that a 40 foot wide cul-de-sac would accommodate bus service. He stated that cost-effectiveness was their concern. The Mayor stated he would accept the recommendation of Mr. Wood, to continue the matter and then refer it to the Planning and Zoning Commission for their consideration. There being no further discussion, the Mayor closed the public hearing. Sheila Davis moved to continue the Wynfield Subdivision to the July 9th Council meeting, and to refer the matter to the Planning and Zoning Commission for their comments. The motion was seconded by Al Connell. Discussion followed. Councilman Miller stated he was surprised that this access issue was felt to be a secondary consideration, and he was surprised that the applicant was not aware of something this important prior to this meeting. He stated he was disappointed in the way the applicants have addressed this issue. -4- 0 • A representative of Bridge Street Real Estate approached the Council. He stated that Aircoa was not aware of the Avon Road access requirement or the expense involved. The one-way road was discussed. The cul-de-sac effect, and access from both West Beaver Creek Blvd. and Avon Road, was also discussed. The Mayor called for a vote on the motion to continue the issue. The motion was unanimously carried. Resolution No. 85-23, Series of 1985, A RESOLUTION APPROVING A TEMPORARY OUTDOOR PATIO AT THE PENALTY BOX RESTAURANT LOCATED IN THE AVON TOWN CENTER MALL ADJACENT TO THE AVON CENTER. Norm Wood stated that the Penalty Box Restaurant has requested approval for an outdoor patio in the Avon Town Center Mall. He stated that this request is included in the intent outlined in the Mall Agreement. He stated the request does require approval from adjacent property owners from Avon Center and the Town. Mr. Wood stated the plans have been approved by the Mall Committee, and the Planning and Zoning Commission has reviewed them and has recommended approval. The Council reviewed and discussed the plans. The patio will hold ten tables, four seats each. The Agreement between Avon Center, the Penalty Box, and the Town was discussed. Mr. Wood stated that the Town Attorney has not yet reviewed the Agreement. After discussion, Clint Watkins moved to approve Resolution No. 85-23, Series of 1985, subject to the Town Attorney reviewing the Agreement referred to in the Resolution and, upon his approval, to authorize the Mayor to sign the Resolution. The motion was seconded by Steve Miller, and was unanimously carried. Resolution No. 85-24, Series of 1985, A RESOLUTION TO ESTABLISH THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) AS THE INSURANCE AGENCY FOR THE TOWN OF AVON, COLORADO. The Town Manager discussed the CIRSA insurance program. He stated that Council would have to pass a resolution agreeing to CIRSA's bylaws. He stated that the Town Attorney has reviewed the bylaws, and has found no problem with the Town of Avon joining the program. Mr. James stated that a meeting has been scheduled, for June 26th, to determine whether the Town will go with CIRSA. Presently, the Town does have coverage for all the various areas. He stated that CIRSA would not provide liability coverage for the Town's buses. He stated that the present carrier would not cover the buses, either. If the Town does go with CIRSA, it would have to find an alternate carrier to provide liability coverage for Town buses. -5- • Discussion followed. Mr. James stated that Dick Moore and Town hold off, for six months, to see be at that time. Mr. James stated that option to join the program only twice a After discussion, Al Connell moved to Resolution No. 85-24, Series of 1985. Don Buick, and was unanimously carried. • he would recommend that the what CIRSA's premiums would municipalities have the year. authorize the Mayor to sign The motion was seconded by An Intergovernmental Mutual Aid Agreement, between the Towns of Avon, Minturn, and Vail, was next presented to the Council. Joe Olson, Chief of Avon Police, approached the Council. He stated that Council had directed him to try and get such an Agreement, between the Town of Avon and the area agencies, signed some time ago. He stated he has not been able to accomplish this with Eagle County. After discussion, Don Buick moved to approve the Intergovernmental Mutual Aid Agreement, and to authorize the Mayor to sign the Agreement. The motion was seconded by Steve Miller, and was unanimously carried. The appointments of four Planning and Zoning Commission members was next on the agenda. The Mayor requested that Council mark their choices for four of the six indicated applicants on the ballots. After the ballots were counted, Steve Miller moved that Jeffrey Maddox, Tom Landauer, Mark Donaldson, and Patricia Cuny be appointed to the Planning and Zoning Commission, for two year terms. The motion was seconded by Al Connell, and was unanimously carried. Allen Christensen reported on Ordinance No. 85-15, Series of 1985, AN ORDINANCE RELATING TO FRACTIONALIZATION. He stated the ordinance specifies that only one fireplace would be allowed per full Development Right. He stated that the ordinance addressed air pollution concerns, and it was the Town Attorney's recommendation that Council refer it to the Planning and Zoning Commission for study. Don Buick so moved. The motion was seconded by Al Connell, and was unanimously carried. The Town Manager reported on the project for Lots 26, 27, and 28, Block 1, Benchmark at Beaver Creek. He stated that Mr. Les Shapiro was requesting an SPA Zone designation in an IC Zone. -6- 0 • Mr. James stated that, at their last meeting, the Planning and Zoning Commission had delayed the matter until such time as the Commission could discuss the District VI goals and objectives. They would then take the matter up again at the meeting of July 11th. No action was taken. Norm Wood reported on the Beaver Creek West bus stop. He stated he had spoken with Mike Bennett, of Beaver Creek West, in regard to the possible dedication of the street running through Beaver Creek West and Falcon Pointe, and a possible bus route. Mr. Bennett indicated he had approval from the Beaver Creek West Association, but had made no progress with the other property owners in that area. Mr. Wood stated that some preliminary investigation had been made into the possibility of other bus stops on Beaver Creek Blvd. Council reviewed a map, showing the other possible stops on Beaver Creek Blvd., and discussed bus shelters. After discussion, it was agreed to delay action on this matter until the other property owners have been heard from. No action was taken. The Town Manager reported on Strategic Planning for Economic Development. The process would involve a committee of business and community leaders, and would involve six to eight meetings, each two to three hours in length. He stated that Chuck Schwahn has experience in Strategic Planning. The cost for such a program would be between $7,500 to $10,000. The Town's portion would be $2,500. Part of the remainder would come from sources such as the Chamber of Commerce and the Avon Metropolitan District, the rest from private resources. Mr. James recommended that Council authorize him to contract with Chuck Schwahn to provide services in relation to the development of a Strategic Economic Development Plan for the Town of Avon, provided that the Town's portion does not exceed $2,500 in total costs. After discussion, Mr. James asked that Council review the memorandum submitted by Chuck Schwahn, and asked that Council study the proposed program. No action was taken. It was stated that a joint Town Council/Planning and Zoning Commission meeting has been scheduled for the July 9th Council Work Session, at 4:00 p.m., to discuss the Development Plan summary. -7- • • The Town Manager reported on the Bus Advertising program. Mr. James recommended that the Chamber of Commerce be allowed to assume the administration of the program and receive funds from advertising space sold. After discussion, Don Buick moved to turn over the Bus Advertising Program to the Chamber of Commerce, provided that 90% of the revenues that are collected from the program will reduce the contribution made by the Town to the Chamber of Commerce. The motion was seconded by Al Connell. Discussion followed. Don Buick amended his motion to reduce the percentage to 80%. Al Connell amended his second. The motion was unanimously carried. The Financial Matters were next presented to the Council. Steve Miller moved to receive items #1 through #8. The motion was seconded by Don Buick, and was unanimously carried. Steve Miller moved approval of the General Fund Accounts Payable for June 25, 1985. The motion was seconded by Al Connell, and was unanimously carried. Steve Miller moved approval of the Transit Fund, Lift Fund, and Public Works Fund Accounts Payable for June 25, 1985. The motion was seconded by Don Buick, and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable for June 25, 1985. The motion was seconded by Clint Watkins, and was unanimously carried. The bill from Davis, Graham, and Stubbs was discussed. Be it noted that A.J. Wells stepped down due to conflict of interest. Mayor Allan Nottingham abstained from the discussion. Mr. James was requesting that a portion of the bill be paid. Lengthy discussion followed. Steve Miller moved that Council offer a first payment, of $10,000, toward the Davis, Graham, and Stubbs bill. The motion was seconded by Don Buick. Discussion followed. Councilman Watkins stated that he would agree to the $10,000 ,payment if it was noted that this was not necessarily the Town's obligation, and that it was being paid as a good faith gesture on -8- 0 • the part of the Town. Steve Miller amended his motion Don Buick amended his second. Councilman Buick stated that, have a discussion regarding who resolve the matter once and for The motion was unanimously Carr to include the above language. at some point, the Council has to is responsible for the bill and all. ied. The minutes of the June 11, 1985, Council meeting were next presented to the Council. Steve Miller moved approval of the June 11th minutes, with a correction on Page 5, last line, change "unanimously tabled" to "unanimously passed". With that correction, Sheila Davis seconded the motion to approve the minutes. The motion was carried with A.J. Wells abstaining, due to his absence from that meeting. The Mayor reported on a letter in regard to weed control. He stated that there have been complaints from property owners over the high cost of weed cutting on their property. The Mayor stated that Larry Brooks was going to revise the Town's weed control program considerably. He stated that they were going to include noxious weeds only, and do less mowing. No action was taken. Councilman Miller reported on the Balloons, Bluegrass, and Bar-be-que event and the County Fair events. He stated that, after a meeting held that morning, it was decided to keep lines of communication open between the two groups. The groups have come to an understanding that each event will be allowed to stand on its own merits, and will be run accordingly. It was agreed to have the County set up a Chuck Wagon with a banner. Mr. Miller also asked Council to consider acknowledging the Vail Institute Benefit, scheduled for Sunday, June 30th, by buying a table of seats. After discussion, Steve Miller moved to have the Town pay for tickets for the Vail Institute Benefit, in an amount not to exceed $400. The motion was seconded by Sheila Davis, and was unanimously carried. The Mayor requested that a Proclamation be drafted, in regard to Avon Officer Fritz Kreuch, acknowledging his performance in the Michigan State Police Olympics. -9- Steve Miller so moved. The motion was seconded by Al Connell, and was unanimously carried. Councilman Miller acknowledged the well organized, well planned Summer Solstice Event. He stated that the staff should be commended for a job well done. There being no further business to come before the Council, A.J. Wells moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned, by Mayor Nottingham, at 10:15 p.m. Approved: Respectfully -10-