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.
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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,
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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
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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
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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
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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.
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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
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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.
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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.
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Respectfully Submitte
ara R. Joseph, bepilky (T)own Clerk
T D D D!%'[ 7L n
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