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TC Minutes 07-09-19859 • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JULY 9, 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 7:38 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 Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works Larry Brooks, Building Administrator Jim Williams, Recreation Coordinator Meryl Jacobs, as well as members of the press and public. The Mayor called for Citizen Input. Mr. Pat Dodson, of Vail's Recreation Department, approached the Council. He discussed Vail's plans for a future proposed swimming pool. He stated that it had become a number one priority for the development of Ford Park. Mr. Dodson stated that, as yet, they do not know the size of the pool, nor do they have a dollar figure for the construction. He stated they were looking at a swimming pool of twenty-five yards, with a diving well, a shallow well for instructional purposes, locker rooms, etc. Mr. Dodson suggested that both towns get together to talk and compare facilities. After discussion, the Mayor thanked Mr. Dodson for his comments. Resolution No. 85-25, Series of 1985, A RESOLUTION APPROVING A SPECIAL REVIEW USE TO AMEND THE LOCATION OF THE OUTSIDE PLAY AREA OF THE JUNIOR VILLAGE DAY CARE CENTER/PRE-SCHOOL ON COMMERCIAL SPACE #1107, LOT A, BLOCK 2, BENCHMARK SUBDIVISION. Norm Wood stated that the applicant has requested modification of the Special Review Use Permit, to install the playground on a portion of the Avon Center property. He stated that the proposal for the new location had been reviewed by the Planning and Zoning Commission, and a public hearing was held. The Planning and Zoning Commission had recommended approval of the Special Review Use, subject to: 1) that the location, final design, and landscaping of the playground be approved by the Town staff; and 2) that the project be completed not more than 30 days from the 9 • date of Planning and Zoning Commission approval, or the amended Special Review Use be terminated and be deemed null and void. Helen Hochstetter, owner of Junior Village, approached the Council. She stated that the new location could accommodate twenty children. It would be moved from the east end of Avon Center to south-west of the Avon Center building, south-east of the parking structure deck, and north and north-west of the foundation wall that is already in place. She stated that the portion would be sodded. The Council reviewed and discussed the map. After discussion, A.J. Wells moved approval of Resolution No. 85-25, Series of 1985. The motion was seconded by Steve Miller, and was unanimously carried. Resolution No. 85-26, Series of 1985, A RESOLUTION DENYING A VARIANCE REQUEST TO ALLOW A MINIMUM STREET RIGHT-OF-WAY WIDTH OF FORTY FEET IN WYNFIELD SUBDIVISION, A RESUBDIVISION OF LOTS 29, 30, 31, AND 32, BLOCK 2, BENCHMARK AT BEAVER CREEK. Norm Wood stated that the applicant, for Wynfield Subdivision, filed a variance request to allow a street right-of-way width of forty feet within the Wynfield Subdivision. He stated that the request was referred to the Planning and Zoning Commission, along with other revisions to the Plat, for their review, which they have done. He stated that the Plat no longer called for a dedicated street right-of-way, and felt the variance request did not apply. He recommended that a formal denial of the requested variance be granted. He stated that if anything should come up in the future in this respect, it would be covered under the Subdivider's Agreement. Clint Watkins moved approval of Resolution No. 85-26, Series of 1985, denying the variance request. The motion was seconded by A.J. Wells, and was unanimously carried. Resolution No. 85-27, Series of 1985, A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT FOR WYNFIELD SUBDIVISION, A REPLAT AND RESUBDIVISION OF LOTS 29, 30, 31, AND 32, BLOCK 2, BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO. Norm Wood stated that this was directly related to the previous variance request. He stated that the applicants were Sunroad Group, Ltd., and First Holding Company of Colorado. The matter was reviewed by the Planning and Zoning Commission, and was recommended for approval subject to: 1. Receipt of letters from affected utility companies agreeing to the vacation of existing utility easements that are to be vacated; 2. A Subdivider's Agreement, mutually acceptable to Sunroad Group, Ltd., First Holding Company of Colorado, and the Town of Avon; -2- • • 3. Approval of the Final Plat by First Holding Company of Colorado; 4. Staff and Town Attorney review and approval of the Final Plat assignment and Development Rights; 5. Designation of assigned Development Rights to specific lots (17.08.585, Avon Municipal Code); 6. Approval of appropriate amendments to the Town's Zoning Ordinance. After review of the Resolution, Council wanted the following changes made: Condition 2, add "Aircoa"; Condition 3, after the word "of", delete the word "first" and after the word "by", insert the word "first"; Condition 4, after the word "Plat", delete "assignment and Development Rights". The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Council reviewed the map. After discussion, Steve Miller moved approval of Resolution No. 85-27, Series of 1985. The motion was seconded by Sheila Davis, and was unanimously carried. Resolution No. 85-28, Series of 1985, A RESOLUTION IN APPRECIATION OF JERRY DAVIS' SERVICES TO THE PLANNING AND ZONING COMMISSION. Sheila Davis read the resolution in its entirety. Steve Miller moved approval of Resolution No. 85-28, Series of 1985. The motion was seconded by Al Connell, and was unanimously carried. Next on the agenda was a Proclamation in respect to Officer Fritz Kreuch's participation in the Michigan State Police Olympics. Don Buick read the proclamation in its entirety. Steve Miller moved approval of the Proclamation and directed the Mayor to sign it. The motion was seconded by A.J. Wells, and was unanimously carried. Next on the agenda was Public Access Television. Mr. Jamie Zitsman, a member of the Avon Public Access Television Board, approached the Council. He reviewed and discussed a proposal, from Vail's Advisory Board, with respect to Public Access Television. He stated that there were some concerns, one being rate changes. It was stated that there should be a more workable rate for studio usage. Another concern was the time allotment for municipalities, the sharing of time if some programs were lengthy. A third concern was commercial production - to have some commercial production and to charge a minimal fee. -3- Council went into lengthy discussion on this issue. Councilman Connell stated that it was Vail's Franchise Agreement that was being dealt with, and felt that Avon should not be locked into any decisions that were made by Vail. The Town Manager stated that clarification was needed from Vail on some of these issues. He felt that Council needed time to look at the proposal and study it. He stated that, possibly, a Board should be made up of three representatives from Vail, Avon, and Minturn. Additional discussion followed. No action was taken. Lot 51, Block 1, Benchmark at Beaver Creek, a request for a zone change from RMD (Residential Medium Density) to RHDC (Residential High Density and Commercial). Norm Wood stated that the request was presented to the Planning and Zoning Commission at the June 27th meeting. A public hearing was held. He stated that a letter had been received opposing the zone change, and residents of Nottingham Road had appeared at the public hearing also opposing the zone change. He stated that, at the conclusion of the meeting, the Commission considered the differences in allowed development between the existing and the requested zone districts, and how the requested zone change would conform with the District Six Development Plan Goals and Objectives. The Commission recommended that Council deny the requested zone change. Mark Donaldson, representing the owners of Lot 51, stated they felt that, with the location of Buck Creek and Nottingham Roads, along with the Wildridge and Wildwood traffic, and with the proposed Holiday Inn opposite the site, a light commercial use would be in order. He stated that the neighbors of the site had spoken very negatively about the proposed zone change. Fritz Schmidt, resident and property owner on Nottingham Road, approached the Council. He stated he was totally against the zone change, and he wanted to see the site kept residential. Nick Neumeyer, also a resident and property owner, stated that he was opposed to the zone change. He felt it would mean more traffic coming into the area. He stated he had purchased his property with the understanding that Lot 51 would be residential. He felt that Buck Creek Road was a good stopping point for commercial uses, and was against the zone change. Bill Abrams, also a property owner and resident of Nottingham Road, approached the Council. He stated that a number of residents had submitted a letter, along with a petition, opposing the zone change. He stated that a number of residents have been spending a lot of money beautifying the neighborhood. He felt -4- • • there was a lot of commercial space currently available, felt that Lot 51 did not have to add to that availability. He felt that changing Lot 51 zoning to commercial would be a total detriment to the value of any property surrounding the lot. He stated that the owners could have sold that property a couple of times, but refused. After discussion, Don Buick moved to deny the requested zone change for Lot 51, Block 1, Benchmark at Beaver Creek. The motion was seconded by Steve Miller, and was unanimously carried. The Town Attorney reported on various litigation matters. With respect to the Blodgett case, he stated he had filed a motion for Summary Judgement to dismiss the complaints against Sheila Davis, Al Connell, and A.J. Wells on an individual basis. He stated the reason was that the Deposition of Dick Blodgett indicated that he had no claims against those Councilmembers, and no justification in continuing complaints against the individuals. As far as the McAdams/Wilson case, he stated he had tendered the transcript that was taken in Court. He stated that a motion had been set for the second of August. Regarding the International Surplus Lines, he stated that an answer had been filed, by a firm in Denver, and he was hoping to receive some proposal to resolve the case. He stated he had filed a motion with the Court to expedite a hearing. As far as the Peregrine Foreclosure of the Assessments was concerned, the Federal Saving and Loan Insurance Corporation, as receiver for State Savings Bank of Salt Lake City, had filed an answer. They would have to wait until all parties had been served, and then it was the Attorney's intention to move it along in a Summary fashion. The Town Manager reported on the Budget update. After reviewing the revenues, he was estimating a year-end General Fund balance of $180,000, and a Public Works Fund year-end balance of $145,000, for total funds in the amount of $325,000. He stated that there were a couple of items to deal with, as yet. These were the World Cup and the final design of the Avon Event Center. He stated that the other process within the Budget was the 4% merit increase that had been put off from January to July 1st, to make sure the Town was in good financial shape. Mr. James stated he would proceed with the merit increases. Mr. James reported on Strategic Planning. He stated that the Town of Avon would have to contribute $2,500 to the study that was -5- going to cost between $7,500 and $10,000. Boettcher and Company was contributing $5,000, Avon Metropolitan District $2,500, and the Chamber of Commerce $2,500. Mr. James stated that the study dealt with economic issues, and also addressed whether there was enough or proper facilities to handle the future impact. Sheila Davis moved to authorize $2,500 for the Strategic Planning Study. The motion was not seconded. Further discussion followed. Sheila Davis withdrew her motion, and Council agreed to place this issue on the July 23rd Work Session agenda and to meet with Chuck Schwahn. The next item for discussion was noxious weeds. Larry Brooks stated that he would be enforcing the ordinance in a more timely fashion, and for less expense. He stated that, last year, property owners were not notified in a timely fashion. He stated that some of them had received their notices the same day the cutting was taking place. He has outlined a program where they would go in and cut, walk the property, and see how they could reduce the cost of cutting. Mr. Brooks stated there are some lots where they could go in and just cut the Canadian Thistle, but this would not apply to all lots. The Mayor stated he would like to see that changed. He stated that, after reading the ordinance, the Public Works Department was just following the rules set down by Council. He felt it was burdensome on the land owner. The Mayor felt the ordinance should be changed or modified to where just the noxious weeds would be cut and allowances made for leaving the rest, such as alfalfa and grass. He stated he would rather see green alfalfa and grass, than a burned up, dry lot. Don Buick moved to direct the staff to prepare a proposed modification of the ordinance that would address the common noxious weeds. The motion was seconded by Al Connell. After further discussion, it was agreed to leave the matter to the discretion of the Public Works Director, and for him to present some ideas at the next meeting. It was agreed that the Sign Code would be addressed at the next Council meeting. The Town Manager reported on the Avon Event Center. He stated that a letter had been received, from Jimmie Heuga, which seemed to express an interest in doing something along with the Avon Event Center. He stated they would work with Mr. Heuga along -6- those lines. He stated that the Avon Bond Market to see if they refunding bond issue. He Council meeting. Jack Zehren, of Zehren Council meeting to receive Metropolitan District was going to the could save a million dollars on their stated he would know more by the next and Associates, would be at the next further direction from Council. It was stated that the Development Plan should be finalized by August 1, 1985. At this point, Council referred back to the matter of Public Access Television. Councilman Connell stated he felt that direction was made, that Avon would not necessarily go along with Vail. Mr. James stated that Avon should make it very clear to Vail that it was Vail's Public Access System, not Avon's, and that Avon has not participated in the System that much. He stated that there is not equal representation on the Board. Councilman Wells stated that he could not understand how it was created in the first place; how it could be run and organized and operated diplomatically all the way around, and organized in such a manner so that the public was really benefiting, instead of paying for a big toy. He stated that Heritage Cablevision was increasing the rates to every subscriber, for whatever the costs were, and Mr. Public has nothing to say about it. He stated he did not want anything to do with Public Access Television unless the public wants it. Lengthy discussion followed. It was stated that Avon has the right to its own channel. Avon could have its own exclusive franchise. Further discussion followed. It was the consensus of the Council to have representatives from Vail and Heritage Cablevision come in and talk to Council at the next meeting. Don Buick moved to authorize the Mayor to sign a Proclamation in respect to recycling. The motion was seconded by Al Connell, and was unanimously carried. The Financial Matters were next presented to the Council. Steve Miller moved to receive items #1 through #9. The motion was seconded by Don Buick, and was unanimously carried. -7- 0 0 Steve Miller moved approval of the General Fund Accounts Payable of July 9, 1985. The motion was seconded by Don Buick, and was unanimously carried. Steve Miller moved approval of the Reconciliation Sheet of Accounts Payable for July 9, 1985. The motion was seconded by Don Buick, and was unanimously carried. The minutes of the June 25, 1985, Council meeting were next presented to the Council. Clint Watkins moved approval of the minutes of the June 25th meeting. The motion was seconded by Don Buick, and was unanimously carried. The minutes of the June 28th Special Council Meeting were next presented to the Council. Sheila Davis moved approval of the June 28th meeting minutes, with the following correction: Page 1, paragraph 4, 6th line, change to read, "that the Town of Avon would not build on top of the administration portion of the Water Treatment Plant". With that correction, Steve Miller seconded the motion, and it was unanimously carried. There being no further business to Davis moved to adjourn. The motion The meeting was adjourned, by Mayor come before the Council, Sheila was seconded by A.J. Wells. Nottingham, at 10:10 p.m. spe#fully Submitted: c.ia J. DOY/le, Town Cher -8-