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TC Minutes 08-27-1985MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD AUGUST 27, 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, A.J. Wells, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks & Recreation Larry Brooks, Town Clerk Patricia Doyle, and members of the press and public. The Mayor called for Citizen Input. Mr. Joe Macy, Vail Mountain Planner for Vail Associates (VA), approached the Council. Mr. Macy was requesting that the Town of Avon share in the cost of the 1985-86 cloudseeding program for Beaver Creek Mountain. He stated that the cost of the 90 day program would be $26,785. VA would be paying 50% of the cost ($13,393). VA was proposing that the other 50% be split between the Town of Avon ($9,911), and Beaver Creek Resort Company ($3,482). The cost split was based on the number of beds in Avon and in Beaver Creek. Mr. Macy stated that the goal of the program was to increase cash flow by promoting early-season snowfall. He stated that the State imposes suspension criteria on the program, based on the percentage of normal precipitation received. The program would be suspended if the area received 165% of normal precipitation in November or December; in January the criteria would be 150%. Mr. Larry Germstat, representing Western Weather Consultants, the contractor for the program, answered questions from the Council. Steve Miller moved that the Town pay no more than 25% of the $26,785, not to exceed $6,695. The motion was seconded by Clint Watkins. Councilman Wells felt the Town should proceed this year as it has in the past, and pay the amount proposed by VA. The Mayor agreed. Discussion followed. The Mayor called for a vote on the motion. Those Councilmembers voting "aye" were Clint Watkins, Steve Miller, Don Buick, Al Connell, and Sheila Davis. A.J. Wells voted "nay". The motion carried by a 5 to 1 vote. Further discussion followed. -1- & 'Y~A .0 WL I • i Paula Palmateer, Fundraising Chairperson for the 15th Vail Symposium, approached the Council. She stated that this year's Symposium would be held over two days, October 4th & 5th, with one day being held in Vail and the other at Village Hall in Beaver Creek. She stated that the program benefits residents county-wide. The cost for Eagle County residents this year would be $50, with all the money going directly to the program. The Town of Vail was the primary sponsor, contributing $10,000. Ms. Palmateer stated they would like to have the Town of Avon as a sponsor. She explained that there were six levels of sponsorship, based upon minimum contribution: Patron, $5,000 minimum; Platinum, $2,500 minimum; Gold, $1,000; Silver, $500; Bronze, $250; Friend, up to $249; each with benefits commensurate with the level of sponsorship. Discussion followed. The Town Manager recommended that Council allocate $500 for a Silver sponsorship. This would entitle the Town to two tickets to all daytime sessions and two tickets to the Speakers' Dinner. Sheila Davis moved approval of $500 for a Silver sponsorship for the 15th Vail Symposium. The motion was seconded by A.J. Wells, and was unanimously carried. First Reading of Ordinance No. 85-15, Series of 1985, AN ORDINANCE AMENDING CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO LIMIT FIREPLACES IN CONNECTION WITH FRACTIONALIZATION. The Town Attorney stated that he had incorporated Council's previous suggestions, as well as those from the Planning and Zoning Commission, into the version now up for first reading. Discussion followed. Councilman Watkins felt the fact that the potential for a problem has been identified was enough. He stated he was hesitant to pass the ordinance in anticipation of a problem that does not exist as yet. He suggested tabling the ordinance until such time as the Town actually has a problem with fireplaces. Don Buick moved approval of Ordinance No. 85-15, Series of 1985, on first reading, as drafted by the Attorney. The motion was seconded by A.J. Wells. Discussion followed. The Mayor called for a roll call vote. The motion carried unanimously. Resolution No. 85-30, Series of 1985, A RESOLUTION APPROVING PRELIMINARY PLAT FOR SWIFT GULCH SUBDIVISION, A REPLAT AND RESUBDIVISION OF SWIFT GULCH ADDITION AND TRACTS Y AND C, BLOCK 1, -2- • • BENCHMARK AT BEAVER CREEK, TOWN OF AVON, AS RECORDED IN BOOK 348 AT PAGE 296 IN EAGLE COUNTY, COLORADO. Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells stepped down due to conflict of interest. Mayor Pro Tem Davis then proceeded with the meeting. Norm Wood stated that Section 36, Inc., owner of the Swift Gulch property and Tracts Y and C of the Benchmark Subdivision, has requested approval of a Preliminary Plat that adds 1.36 acres of the easterly portion of Tract Y to the Swift Gulch addition. There would be a zone change in conjunction with this, as part of the total process, to change the 1.36 acres of Tract Y, currently zoned OLD, to SPA. The rezoned area would then be made a part of the SPA Plan Amendment. This would be the only change to the Swift Gulch Addition SPA Plan. The Planning and Zoning Commission has reviewed the Plat, conducted the required public hearings, and has recommended approval of the Preliminary Plat and zone change. Mr. Wood passed out amended copies of the Resolution containing minor, last minute wording changes. He reviewed the Preliminary Plat with the Council. Discussion followed. Mike Blair, a land planner representing Section 36, Inc., addressed the Council. He stated that the main reasons for the inclusion of the 1.36 acres were to provide better vehicular access in the area, and to allow more room for development in the area without disturbing existing trees. Al Connell moved approval of Resolution No. 85-30, Series of 1985. The motion was seconded by Don Buick. The Mayor Pro Tem opened the meeting for public hearing. As there was no public comment, the public hearing was closed. Al Connell amended his motion to include changing the signature on the Resolution from the Mayor's name to Sheila R. Davis, Mayor Pro Tem. Don Buick amended his second. The motion was unanimously carried. The Mayor and Councilman Wells resumed their seats. Next on the agenda was a parking variance request from the Upper Eagle Regional Water Authority for the Water Treatment Plant on Tract P. The Water Authority was appealing the Planning and Zoning Commission's denial of the variance request to allow parking within 10 feet of the front lot line. Norm Wood reviewed Planning and Zoning Commission action on the request, stating the Commission denied the variance based upon, (1) the relationship of the requested variance to other potential uses and structures in the area; (2) the granting of the variance would constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same Zone -3- • • District; and (3) the variance is not warranted because the strict, literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Title in question. Mr. Wood stated that the Water Authority was basing their appeal on the fact that there would be undue physical hardship experienced by them, due to the limitations of the site, without the requested variance. At this point, Mr. Wood reviewed site plans with the Council. Discussion followed. Councilman Wells did not see a problem in allowing the parking, especially since there would be parking available to the north of the plant that could be utilized in the future. He suggested allowing a temporary variance until such time as the Town needs the area to the north and/or other parking is provided. Council agreed. Further discussion followed. A.J. Wells moved approval of a temporary variance, to allow parking within 10 feet of the front lot line of the Water Treatment Plant on Tract P, until such time as the Town of Avon should decide, at its sole discretion, that the area is needed for either a railroad underpass road right-of-way or for access to a parking lot to the north of the Treatment Plant, at which time all parking for all uses on the site should be redesigned. The motion was seconded by Al Connell. Councilman Wells amended his motion to include that the reason for the granting of the temporary variance was to prevent hardship to the applicant. Al Connell amended his second. The motion carried unanimously. Resolution No. 85-31, Series of 1985, A RESOLUTION APPROVING FINAL PLAT FOR A REPLAT AND RESUBDIVISION OF TRACTS Q AND R, AND LOT 20, BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT - AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK. Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells stepped down due to conflict of interest. Mayor Pro Tem Davis then proceeded with the meeting. The applicants were Vail-Avon Commercial Partners and Wildridge 20, Inc. Norm Wood stated that at the time the Final Plat was placed on the agenda, staff did not have the Plat or supporting documentation. Since that time, staff has received the Plat, but not the site plans. He passed out an amended version of Resolution No. 85-31 that was developed after review of the Plat. Council reviewed the Plat with Mr. Wood, who stated there were some changes to be made -4- • • to it that staff considered minor in nature. He told Council there would be an agreement, in conjunction with the Final Plat, that would provide for a 2 foot wide maintenance strip behind the curb and gutter. Mr. Wood stated that the Subdivision Agreement was acceptable, and there would be minor modifications made to the Public Right-of-Way Dedication Agreement. Jim Cunningham, owner of Tracts Q and R, told the Council that the Wendys Company would be ready to break ground as soon as the closings and Plat approvals were complete. Discussion followed. Don Buick moved approval of Resolution No. 85-31, Series of 1985, including changing the signature line from the Mayor's name to Sheila R. Davis, Mayor Pro Tem. The motion was seconded by Clint Watkins, and was unanimously carried. The Mayor and Councilman Wells resumed their seats. The Town Manager reported on the possibility of a trip to Canada to look at aquatics/events facilities. He stated this had also been discussed at the afternoon Work Session, where Council had directed him to check on rates for charter flights as compared to cost estimates he had provided for commercial flights. Mr. James stated the trip was tentatively scheduled for September 11th. He felt the trip was necessary in order to insure that Council was aware of all the alternatives. After discussion, Council agreed plans for the trip should be pursued. Mr. James stated he would investigate the possibility of a chartered trip Mr. James reported on the packet of information that had been received from the City of Northglenn regarding proposed state legislation that would enable local governments to impose and collect a local excise tax on motor vehicle fuels. Northglenn was requesting support from local governments for this type of state enabling legislation. Councilman Connell felt this was another tax that citizens do not need. He felt citizens have a great enough tax burden already. Councilman Watkins agreed. Councilman Wells moved to table action on the matter until after the budget had been considered. The motion was seconded by Al Connell, and was unanimously carried. The Town Manager reported on the Vintage Car Races/4th of July celebration. He stated that Council had asked him to look into a celebration on the 4th of July in conjunction with the Vintage Car -5- • Races. He stated there had been a meeting with representatives of the Vail Resort Association (VRA) and Vail Associates (VA), that had produced mixed reactions. The VRA felt that too many events scheduled for one time could hurt attendance figures for all the events. Councilman Miller felt a combined July 4th/Car Race weekend should be pursued, but felt the July 4th celebration should be held on a different night than Vail's. Councilman Connell felt that the Vintage Car Race was an event strong enough to stand on its own, without being held on July 4th. Councilman Watkins felt the Car Races should be used to bring people into town when there was not anything else going on, and felt a 4th of July celebration should be pursued separately. Councilman Wells agreed. Council agreed that the Vintage Car Races should be held independently of the 4th of July, and agreed that some sort of July 4th celebration should be worked into the upcoming budget. The Town Manager stated that there was some information in the Council packets regarding taxation of Interstate Telephone Services. This had come from the City of Wheat Ridge, via John Dunn, and was included for Council's information and consideration. No action was taken. Mr. James reported on the 1986 Budget. He wanted to recommend taking one day, possibly a Saturday, and going through all the major budget issues at one time, rather than have budget work shops every two weeks to consider parts of the budget. He felt the majority of the work to be done could be accomplished more quickly and with more cohesiveness if a one-day approach were taken. He stated this year's budget would be different from those of years past. He wanted to know if Council wanted all the budget details included up front, or if he should just have the details available for review. Mr. James stated he would look at possibly preparing two budget documents; one for presentation and public review purposes, and another, with all the details, for Council and staff use. Council generally agreed that the more information that could be provided to them, the better. The Financial Matters were next presented to the Council. Don Buick moved to receive items #1 through #6. The motion was seconded by Steve Miller, and was unanimously carried. -6- 0 0 Clint Watkins moved approval of the General Fund Accounts Payable for August 27, 1985. The motion was seconded by Steve Miller, and was unanimously carried. Steve Miller moved approval of the Transit Fund, Public Works Fund, and Mall Construction Fund Accounts Payable for August 27, 1985. The motion was seconded by Clint Watkins, and was unanimously carried. Don Buick was concerned about the Town's outstanding balance with the law firm of Davis, Graham and Stubbs. He felt the matter of whether or not the Town was going to pay should be settled once and for all. He also felt Council should decide whether the Town was going to pay Benchmark's related expenses in the amount of $12,038.54. Don Buick moved to pay the $13,031.58 that the Town owes to the firm of Davis, Graham and Stubbs. The motion was seconded by Steve Miller. Discussion followed. The motion carried unanimously. Don Buick moved to have the Town of Avon pay the $12,038.54 portion of the Davis, Graham and Stubbs bill identified as Benchmark's. The motion was seconded by Steve Miller. At this point, Mayor Allan Nottingham and Councilman A.J. Wells stepped down due to conflict of interest. The Mayor Pro Tem proceeded with the meeting. Discussion followed. The Mayor Pro Tem called for a vote. The motion was unanimously carried. The Mayor and Councilman Wells resumed their seats. Steve Miller moved approval of the Reconciliation Sheet of Accounts Payable for August 27, 1985. The motion was seconded by Clint Watkins, and was unanimously carried. The minutes of the August 13, 1985, Council meeting were next presented to the Council. Steve Miller moved approval of the minutes of the August 13th meeting, as presented. The motion was seconded by Sheila Davis, and was unanimously carried. Steve Miller stated he had attended a speech made by the Chairman of a group, commissioned by the Town of Vail, called the Economic -7- ~J Development Committee. He stated the made by the group, one of which was the group work with and try to compliment the improve marketing dollars for the summer. releasing copies of their study, and obtain a copy for review. No action was taken. 0 speech reviewed findings recommendation that the Vail/Avon Association to He stated the group was felt that Council should Sheila Davis stated she had attended the Northwest Colorado Council of Governments meeting last week in Walden. She stated the Council of Governments was in the budget process. She stated she had some questions to raise at their next meeting regarding their allocation of funds. She invited any interested Council member to attend the next meeting, in Aspen, also. Steve Miller stated that on September 4th, at 4:00 p.m., there would be a post Balloons, Bluegrass, & Barbeque meeting held at the Avon Municipal Building. He stated that anyone wanting to attend would be welcome. He stated that the effort put forth by the Town staff at the event far outshined anything else over the weekend. He stated they did an excellent job. There being no further business to come before the Council, Clint Watkins moved to adjourn. The motion was seconded by Al Connell. Mayor Allan Nottingham adjourned the meeting at 10:15 p.m. -8- Respectfully Submitte ara R. Joseph, bepilky (T)own Clerk T D D D!%'[ 7L n -9-