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TC Minutes 04-08-1986• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD APRIL 8, 1986 - 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. Mayor Allan Nottingham called the meeting to order at 7:38 p.m. A roll call was taken with Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick present. Sheila Davis arrived late. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works Larry Brooks, Chief of Police Joe Olson, and members of the press and public. The mayor called for Citizen Input. Mr. Lyle P. Carmony, Jr. approached the Council. Mr. Carmony was requesting that the Town of Avon supply bus service, through the summer months, to the Edwards/Singletree Golf Course areas. Mr. Carmony was also requesting permission from Council to run a horse and wagon through the Town during the summer months. He stated he would need the bus service between the hours of 7:30 a.m. and 8:30 or 9:00 p.m., from Memorial Day Weekend through September. Mr. Carmony reviewed his horse-drawn wagon proposal with Council. With respect to the bus service, Council felt the Town would have to acquire a PUC license, and it was noted that this would be a relatively long and expensive process. The estimated cost of the bus service was $30,000.00. As this figure had not been included in the transportation budget, additional funding would be required if Council approved the requested service. The Council felt uncomfortable about providing bus service to the Edwards area. Regarding the horse-drawn wagon service, Council directed Mr. Carmony to prepare an agreement for Council review and approval. The agreement should contain insurance and limitation of liability provisions, and operating details that include specific routes and clean-up procedures. The tentative route discussed would include Benchmark Road, the northerly bike path through Nottingham Park, Beaver Creek Blvd. to Christie Lodge, and Avon Road to Benchmark Road. There would be no cost to the Town. Council agreed that Norm Wood should follow up on the recommendations he outlined in his memorandum, dated April 2, 1986, and have a report for Council on or before the first meeting i 0 in June of this year. (See attached memorandum, dated April 2, 1986.) The Mayor thanked Mr. Carmony for his presentation. As there was no further public comment, the mayor closed this portion of the meeting. The next item before Council was the proposed Eaglebend Annexation. Mr. James stated that the applicants were trying to protect certain interests presently existing at the site. The applicants have sold some duplex lots at the site, and need to be able to assure the owners that they will not lose anything in the change from Eagle County zoning to Town of Avon zoning. The applicants also wanted some assurance that the Specially Planned Area (SPA) zoning for the site would be approved, and that improvements, such as roads, would be completed if the annexation was approved. Attorney Bruce Stocks, representing Eaglebend, approached the Council. He stated his purpose as twofold; to cover the subdivision improvements they intend to finish, and to adequately protect the interests of the people who have already bought lots in Eaglebend based on the zoning currently in place. He wanted to make sure those lots would not be down-zoned. He stated that, if the zoning was not forthcoming, the annexation would self-destruct. The Town Attorney stated that previous annexations have been of undeveloped land; the property involved in this annexation has already been developed. The site has already received RSM (Residential Medium Density) zoning from the County Zone District. He stated he had no concerns with the general concept, being that the annexation would self-destruct if the SPA zoning was not approved. Mr. Jeff Spanel, of InterMountain Engineering, approached the Council. He stated that roads, water, and sewer have already been installed, and the $130,000 represents the cost of acceleration/deacceleration turn lanes for that area. Mr. James recommended that Council, if satisfied with the pre-annexation agreement, should approve the agreement, approve Resolution No. 86-8, and approve Ordinance No. 86-10 on first reading. After discussion, Councilman Wells moved to approve the concept of an Annexation Agreement generally along the lines of the draft, subject to Town Attorney review and approval, and to have the matter returned to Council at a later date. Councilman Miller seconded the motion, and it carried unanimously. Councilman Miller moved approval of Resolution No. 86-8, Series of 1986. Councilman Wells seconded the motion. The public hearing -2- • was set for May 27, 1986, at 7:30 p.m., and the resolution would be published five consecutive times in the Vail Trail. The motion carried unanimously. Councilman Miller moved approval of Ordinance No. 86-10, Series of 1986, on first reading. Councilman Buick seconded the motion. Councilman Miller amended his motion to include the following changes: Page 1, paragraph "A", change "February" to "April 8"; Page 1, paragraph "D", change "March" to "May 27". With those corrections, Council members Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick voted "aye". There were no "nay" votes. The motion carried unanimously. Second reading of Ordinance No. 86-9, Series of 1986, AN ORDINANCE REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND REENACTING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE "UNIFORM FIRE CODE", 1985 EDITION AND THE NATIONAL FIRE CODE, 1985 EDITION, INCLUDING THE LIFE SAFETY CODE, NFPA PUBLICATION NO. 101, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. Mr. James stated there had been a meeting which had involved local businesses, representatives from Edwards, various members of Town staff, the Fire Department, and the Chamber of Commerce. It had been concluded that more work had to be done on the Fire Code ordinance. Fire Chief Steve Miller stated there was a committee formed to review the overall problems with the ordinance. He suggested keeping the present Fire Code ordinance in place, and having the committee, in the next ninety days, come to an agreement on a proposed draft for Council to study. The temporary committee consisted of Dan Sunday, Randy Donahue, Mark Donaldson, Jim Comerford, Norm Wood, and Steve Miller. Mr. James recommended that Council adopt the suggestions outlined in Kevin Payne's memorandum, dated April 4, 1986, and table the ordinance until the August 12, 1986, Council meeting. Councilman Wells so moved. Councilman Buick seconded the motion. Councilman Connell stated that the committee should keep in mind that Council may not want to adopt the ordinance at all. Discussion followed. Councilman Watkins felt ordinance 86-9 should be turned down, rather than tabled, and felt the present Fire Code ordinance should be looked at to see if it should be kept. The Mayor called for a vote on the motion to table. Council members Steve Miller, A.J. Wells, and Don Buick voted "aye". Councilmen Clint Watkins and Al Connell voted "nay". The motion carried by a 3 to 2 vote. (See attached memorandum, dated April 4, 1986.) -3- • • Be it noted that Councilwoman Davis arrived at 8:35 p.m. First reading of Ordinance No. 86-11, Series of 1986, AN ORDINANCE PROVIDING FOR THE REGULATION OF RAILROAD CROSSINGS WITHIN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Town Attorney stated that, in regulating railroad crossings, it is very important that the Town regulate the crossing only, not the train. He stated that, if the Town would try to regulate the train, it could be seen as burdening Interstate Commerce, and it may also be seen as an attempt to interfere with the jurisdiction of the Public Utilities Commission. Therefore, Mr. Dunn stated, he did not incorporate anything into the ordinance about whistles. Mr. Dunn then reviewed the ordinance with Council. He stated that sustaining the ordinance on police power was of the utmost importance. Councilman Miller moved approval of ordinance No. 86-11, Series of 1986, on first reading. Councilman Connell seconded the motion. Discussion followed. Councilman Wells felt that other railroad equipment should be included in the ordinance. Councilman Miller amended his motion to include an addition to Section 12.12.020. In the 6th line, after the word "engine", add "and other railroad equipment". Councilman Connell amended his second. Those Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. The Town Attorney reported on the Avon Trader, Inc., litigation. He stated that Oral Argument on Motion for Summary Judgement in this case was scheduled for tomorrow, April 9, 1986. Mr. James reported on the BMX Track. He stated that a response was received from the insurance company, in which they expressed concerns about liability exposure. If Council wished to pursue the matter, three concerns would have to be addressed; the Town would need an attendant at the track, some fencing or barriers would have to be installed, and stringent warning sign requirements would have to be complied with. Mr. James stated that, if Council wished the matter pursued, direction would have to be given to the staff to do so. He reported that the Town's current insurance structure would cover the track this year, but additional coverage would have to be obtained for next year. He stated that staff would put together a cost estimate, and would -4- 9 contact the owner of the lot track. Discussion followed. Council James stated he would bring of June. 0 for permission to construct such a agreed to pursue the track, and Mr. the matter back to Council the first The Town Manager reported on the revised proposal, from Ross Consulting, Inc., for Marketing Analysis work. The Council reviewed the revised proposal. After discussion, Councilman Wells moved to accept the proposal for qualifying the present developer, in the amount of $2,000, and to proceed with Phase 2, through the next thirty days, in the amount of $7,000 plus expenses. Councilman Miller seconded the motion. Councilman Wells amended his motion to included that the amount not exceed $7,000 without Council approval. Councilman Miller amended his second, and the amended motion carried unanimously. Councilman Buick moved to receive the Audit report from Van Schooneveld and Company. The motion was seconded by Councilman Wells, and was carried with Councilman Miller abstaining. The Financial Matters were next presented to Council. Councilman Miller moved to receive items #1 through #11. Councilman Buick seconded the motion, and it carried unanimously. Councilman Miller moved approval of the General Fund Accounts Payable for April 8, 1986. Councilman Buick seconded the motion, and it carried unanimously. Councilman Buick moved approval of the Transit Fund Accounts Payable for April 8, 1986. Councilman Miller seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for April 8, 1986. Councilman Buick seconded the motion, and it carried unanimously. The minutes of the March 25, 1986, regular meeting were next presented to the Council. Councilman Miller moved approval of the March 25th meeting minutes, as presented. Councilman Buick seconded the motion, and it carried unanimously. -5- 0 0 It was noted that Haralson & Associates had submitted a preliminary draft of the marketing analysis on a wave machine, and had asked to be scheduled on the next work session agenda to review and discuss the draft with Council. A final draft would be forthcoming after that time. At this point, Council once again discussed the Fire Code ordinance. They discussed the proposed committee, and the fact that some of the committee members felt instruction from Council was needed regarding what direction should be taken. After lengthy discussion, Council agreed to let the committee meet and have their discussions over the next ninety days, and agreed the committee should return to Council, on August 12, 1986, with a proposed draft for Council review. No action was taken. Councilman Buick had a concern regarding the letter from Mr. Rod Brown, dated March 20, 1986, to John Hedeen of Landmark Hotel Corporation. The letter was in regard to proprietary rights of design, and engineering and architectural concepts, plans, and data that Brown Development Company had contracted for and paid to develop. Mr. James stated that the Town Attorney had responded to the letter. Councilman Watkins had concerns about the lack of procedure being observed for executive sessions. He stated that, according to the Charter, executive sessions are to be a Council decision. He stated that, in the future, those sessions should be a decision of the Council, and Council should discuss the reasons for retiring into executive sessions. It was agreed that the Council should discuss what was going to be concerned on the necessity for an executive session, in a public meeting, before Council retires into executive session. Councilman Miller stated that Beaver Creek representatives had contacted him with a request to co-sponsor fire works, with the Town of Avon, during the Balloons, Bluegrass & Barbeque festival. After discussion, Council agreed. Councilman Miller stated he would have Beaver Creek submit a proposal, and he would return to Council at a later date with said proposal. -6- i 0 There being no further business to come before the Council, Councilman Connell moved to adjourn. Councilman Buick seconded the motion. Mayor Nottingham adjourned the meeting at 9:55 p.m. Respect,fully,,su)Dmittked: APPROVED: ricia J. /X)ovl-e,-. Town' Cler -7- 6 6 MEMO TO: Bill James FROM: Norm Wood RE: Request for Summer Bus Service and Permission to Provide Horse-Drawn Wagon Rides within the Town We have received a request for summer bus service from Lyle P. Carmony, Jr. He is requesting service through the core area of Town, and to his stable operation in Edwards, from approximately 7:00 a.m. to 9:00 p.m. daily. He expects a need for this service to exist from Memorial Day weekend until mid- October, or approximately 145 days. The estimated cost for this service is $30,000.00. This has not been includ- ed in the transportation budget. Additional funding will be required if Council approves the requested service. Mr. Carmony has also requested permission to provide horse-drawn wagon rides within the Town. The tentative route discussed would include Benchmark Road, the northerly bike path through Nottingham Park, Beaver Creek Blvd. to Christie L Lodge, and Avon Road to Benchmark Road. This activity would be provided at no cost to the Town. We reviewed clean up and safety issues with Mr. Carmony, and feel that most can be adequately addressed. The major area of concern is safety at the Avon Road/Beaver Creek Blvd. intersection. We feel this area should be more thoroughly evaluated prior to being included in the route. Evaluation may re- quire an actual field demonstration to determine impacts on safety and traffic flow at that location. If Council feels this is an acceptable and desireable activity to have in the Town of Avon, we suggest the applicant be directed to prepare an Agreement for approval by Council. The Agreement should contain insurance and limitation of liability provisions, operating details, including specific routes and clean up procedures, and other provisions deemed appropriate by the Town Council. Mr. Carmony has asked to be placed on the April 8, 1986, Council agenda to present his request. RECOMMENDED ACTION - "A" or "B": A. Amend the Transportation Budget to provide the requested Bus Service; B. Deny the requested Bus Service NW/BRJ 4/2/86 r!% Western Vail Valley Resort Association April 4, 1986 Mayor Allan Nottingham Avon Town Council Avon Municipal Building Avon, Colorado 81620 Dear Mayor Nottingham and Members of the Council: As you are no doubt aware-, several members of the Resort Association have expressed concern about the proposed adoption by the Town of the 1985 Uniform Fire Code and amendments. Following a meeting between several of those businessmen, members of the town staff, and representatives of the Fire Department, agreement was reached on a process whereby the business community will be enabled to have input regarding the ordinance that is eventually adopted. It's our reccomendation that a committee including representatives of the Resort Association, the Fire Department, and the Town, be assembled to begin a review process of the fire code issue. Following a series of meetings over should have a preliminary, or draft study. After a formal presentation further review with the council at the proposal should be satisfactory adoption. the next 90 days, the committee proposal ready for the council to by the committee, in July, and the August 12 and 26 meetings, to all parties and ready for In the meantime, the existing codes would continue to be in force. Additionally, Fire Chief Steve Miller has agreed to personally inspect the Christie Lodge and the businesses located there to address the concerns of those businesses and of the Fire Department. Since the Fire Department, the Town Staff, and the Resort Association agree on the reasonableness of this compromise, the Council is hereby requested to table and and thereby postpone action on the proposed Fire Code ordinance presently before it. Thank you for your consideration of these reccomendations. Sincerely, P e . Executive irector P.O. Box 1437 0 Avon, CO 18620 . 303/949-5189