TC Minutes 06-25-19850
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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,
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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