TC Minutes 05-26-1987• `
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD MAY 26, 1987 - 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
7:30 p.m. A roll call was taken with Emilie Harrison, Steve
Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis
present. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Engineering/Community Development Norm Wood,
Director of Public Works/Parks and Recreation Larry Brooks, as well
as, members of the press and public.
The Mayor called for Citizen Input.
It was agreed that Jim Cunningham and Mark Donaldson discussions
be deferred until later in the meeting.
Eric Filkowski approached the Council. Mr. Filkowski was requesting
approval to allow the use of the park for a Triathlon. The race
would consist of a five mile run in and around Avon, to be followed
by a kayak trip on the Eagle River to Wolcott, ending up with a
twenty mile mountain bike trip back to Avon. He stated they had
contacted Lieutenant Coe of the Highway Patrol. He stated that they
had informed him that a road use permit would not be required for an
event of that type and size. He stated that as far as the use of
the park, they would like to have their awards ceremony in the park.
Mr. Filkowski was requesting some intersection patrol from the Town.
There were some requirements from the Town. They are as follows:
1. An insurance certificate for $1,000,000 naming the Town of Avon
and its employees as additional insured;
2. Reimbursement to the Town for expenses incurred (estimated at
approximately $600.00).
Mr. Filkowski stated that the Town would possibly consider the
minimum state's insurance rather than requesting the one million dollar
coverage.
At that point, Councilman Davis stepped down because of conflict of
interest.
Larry Brooks stated that he could go along with the state's insurance.
The Town Manager suggested not charging the group the $600.00, and to
encourage the group to participate in the Summer Solstice Event
next year, to combine the events.
Councilman Watkins moved to authorize the staff to establish an
agreement for the Triathlon, and to go by the state's guidelines on
the insurance. The motion was seconded by Councilman Connell and
was carried with Councilman Davis abstaining.
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Next on the agenda was Tom Glass with Western Land Exchange Company.
Mr. Glass stated that Harold Williamson had agreed to the Memorandum
of Understanding between Benchmark Companies, Harold Williamson-
Joint.Venture, Town of Avon, and Colorado Wildlife Federation. .
Mr. Glass stated that Mr. Cargill, Regional Forester of the USDA
Forest Service stated that a settlement was very close. The Regional
Forest Service did request an additional thirty days. Mr. Glass
stated that the Town would be asked to provide notification to the
Division of Wildlife,of meetings in respect to the Land Use Planning
in the Upper Buck Creek Parcel, and secondly if and when, the Town
receives the 450-500 acres from the joint venture, that the Town
would agree to zone the acreage Open Space, Landscaping and Drainage
(OLD) for a period of not less than ten years.
After discussion, Councilman Miller moved to authorize the Town Manager
to execute the Memorandum of Understanding. The motion was
seconded by Councilwoman Harrison and was unanimously carried.
Second reading of Ordinance NO. 87-13, Series of 1987, AN ORDINANCE
TO AMEND ORDINANCE NO. 87-8, SERIES OF 1987, WITH RESPECT TO CERTAIN
INTEREST RATE PROVISION OF THE TOWN'S GENERAL OBLIGATION BONDS,
SERIES OF 1987.
Councilman Miller moved approval of Ordinance No. 87-13, Series
of 1987 on second reading. The motion was seconded by Councilwoman
McRory.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
The Mayor called for a roll call.
Those Councilmembers voting aye were: Emilie Harrison, Steve Miller,
Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were
no nay votes. The motion was unanimously carried.
The Town Attorney stated that the Maintenance Agreement in respect
to the shopping center parking would be forthcoming.
Second reading of Ordinance No. 87-11, Series of 1987, AN ORDINANCE
CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT
DISTRICT; CONFIRMING A NEW ASSESSMENT ROLL TO INCLUDE WITHIN SAID
DISTRICT A CERTAIN TRACT OMITTED THEREFROM; ASSESSING THE COST OF
THE MALL AND PARK IMPROVEMENTS PROVIDING OTHER DETAILS IN CONNECTION
THEREWITH.
The Mayor stated that this was a public hearing on the ordinance.
The Town Attorney stated that Western Gulf Savings and Loan Association
would consent to Ordinance No. 87-11 in the present form with some
additional language that he had asked to be included in the ordinance.
Mr. Dunn recommended that the Council move to approve to substitute
the ordinance that was distributed to them, and then to amend the
substituted ordinance in accordance with the additional new language.
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He stated that the difference between the ordinance of two weeks ago,
and the new substituted ordinance appeared in Section 3, page 4.
The Town Attorney recommended that Council accept this ordinance.
Councilman Watkins asked if there was anything in writing from
Western Gulf consenting to this ordinance, and giving Mr. Lindsey
the authority to accept it. Mr. Jim Lindsey, consultant with Western
Gulf, approached the Council. He stated that he has been engaged
with Western Gulf, not only as a Project Manager, but also to handle
and resolve the Assessment. He stated that the ordinance should
prove a better position for the Town, than a letter from Western
Gulf.
Councilman McRory asked if Western Gulf was pursuing any leases for
Avon Center. Mr. Lindsey stated that they were pursuing the parking
of Avon Center at the present time, but that there were negotiations
for a sports shop and additional office space, also possibly a new
restaurant.
After discussion, Councilman Connell moved to substitute the new
ordinance No. 87-11, for the previous ordinance. The motion was
seconded by Councilwoman McRory and was unanimously carried.
Councilman Watkins moved to amend Ordinance No. 87-11, Series of
1987 to add the new language to Section 3, page 4, to read,"provided
that if the first installment is not paid when due, the entire
amount of the assessment shall be come due and payable in full
and shall there after bear interest at the rate of 13.25% per annum
until paid in full". The motion was seconded by Councilman
Davis and was unanimously carried.
Councilman Watkins moved approval of Ordinance No. 87-11, Series
of 1987 on second reading. The motion was seconded by Councilman
Connell.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
The Mayor called for discussion on the ordinance.
Councilman Watkins had concern in respect to Section 3 and the wording
of that section. He stated that he felt-the wording was very
vague.
The Town Attorney suggested adding the word, "pro rata" after the word
"due, in that section. The Council agreed.
Councilman Watkins still had concerns of the wording in that section.
Councilwoman Harrison stated that Council should accept the ordinance
as presented.
After further discussion, the Town Attorney requested that the Council
continue with the agenda and to defer this matter until later in the
meeting so as to give him and Mr. Lindsey sometime to work on the
language in the Section 3, and try to satisfy the concerns of Council-
man Watkins. The Council agreed.
The Mayor moved on to the next item on the agenda.
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Resolution No. 87-13, Series of 1987, A RESOLUTION GRANTING A
SPECIAL REVIEW USE TO ALLOW AUTOMOTIVE REPAIR (BODY SHOP) ON LOT
36, BLOCK 1, BENCHMARK AT BEAVER CREEK.
Norm Wood stated that Tom Backhus had applied for Special Review
Use approval to allow an Automobile Repair(body shop)to be
located on Lot 36, Block 1, Benchmark at Beaver Creek. Lot 36 was
currently undeveloped. He stated that plans for the project had
received Design Review approval from the Planning and Zoning
Commission. The building was approximately 1584 square feet which
would house the body shop toward the front of the lot with a partially
fenced storage lot behind. The required parking for the project
was being provided between the building and Metcalf Road. Screening
for the use would be accomplished.by using existing developments
on each side of the site, the body shop building, landscaping, and
fencing. Mr. Wood stated that the Planning and Zoning Commission
had held a public hearing on the Special Review Use application. At
the conclusion of the hearing, the Commission approved the Special
Review Use and recommended Town Council approval.
The storage area could hold approximately 13 vehicles. The fencing
would be a eight foot metal fence.
Tom Backhus stated that the term,"storage lot" was miscontrued, that
the lot was a working lot. Mr. Backhus stated that there would
be no parts stored on the exterior of the building. Councilman
Davis stated his concern was the five spaces in front, that it not
be used for storage of disabled vehicles, nor any oil slicks, etc.,
which was the most distracting problems in these areas. He stated
that if they could be sure these problems would not happen, that
he did not have a problem with giving approval. Mr. Backhus stated
that the resolution which Planning and Zoning Commission approved,
restricted them of any storage in the front. Mr. Wood stated that
the Town would have some control because of the Special Review Use
process.
Councilman Davis stated that Council expected a high quality of this
project as far as the site stand point.
It was stated that Council would approve the resolution subject to:
1. No wrecked or damaged vehicles will be parked on-site unless
they are confined to the desi4nated storage yard for the project.
Councilman Watkins moved approval of Resolution No. 87-13, Series
of 1987 with the condition as stated above. The motion was seconded
by Councilman Miller and was unanimously carried.
At that point the Council referred back to Ordinance No. 87-11.
Mr. Dunn stated that after conversing with Jim Lindsey, they had
resolved the additional wording to the ordinance. Mr. Dunn stated that
the word "pro rata" be added to Section 3, after the word "due". He
stated that the next amendment would be to add a third sentence to Section
3. After the word,"demand", add the third sentence, which would read,
"The pro-rata amount shall be determined as follows: When lots B and C
or any portion thereof are sold, one-half of the remaining assessment
shall be due, and when any commercial unit is sold, a pro rata amount
(calculated on a square-foot basis) of the other one-half of the
remaining assessment shall be due. If the first installment is not paid
when due, the entire amount of the assessment shall become due and
payable in full and shall.thereafter'bear'interest,at.,the rate-of 13:;25%
per annum until paid in full".
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Councilman Connell moved approval of the amendment as stated above.
The motion was seconded by Councilman Watkins and was unanimously
carried. The Mayor called for a roll call. Those Councilmembers
voting aye were Emilie Harrison, Steve Miller, Clint Watkins, Gloria
McRory, Al Connell and Jerry Davis. There were no nay votes. The
motion was unanimously carrled.
The Council then returned back to the original item on agenda which
was Resolution No. 87-3, Series of 1987, A RESOLUTION APPROVING A
SPECIAL REVIEW USE FOR THE UPGRADE ON AN EXISTING 69KV TRANSMISSION
LINE ACROSS PORTIONS OF SECTION 1, SECTION 2 AND SECTION 12, T5S,
R82W OF THE 6TH, P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO TO A
115KV TRANSMISSION LINE.
Norm Wood stated that the Council tabled this request at its meeting
of January 27, 1987, at the request of the applicant, Holy Cross
Electric Association. They requested this action so they could
negotiate a conflict with Mr. William Nottingham, concerning the
alignment of their transmission line across his property. These
negotiations have resulted in a slight realignment of the transmission
line where it crosses the Town's easterly boundary. The transmission
line has also been adjusted slightly where it leaves the Substation.
At their meeting of April 14, 1987, the Eagle County Commissioners
approved a Special Review Use Permit to construct the 115KV
transmission line between Avon and Eagle-Vail. Holy Cross Electric
was requesting the Avon Town Council to approve their Special Review
Use.
At their meeting of May 19, 1987, the Planning and Zoning Commission
approved a landscape plan for the Beaver Creek Substation on Metcalf
Road. Holy Cross Electric proposes to relandscape the Substation,
install a new screening material in the security fence, to abandon
the drive and entrance on the west side of the substation and construct
a new drive and entrance on the north side. A large berm would
also be constructed north of the new drive to help screen the Substation
from Metcalf Road.
Recommendation by the Planning and Zoning Commission was for Town
Council approval subject to five conditions.
Councilman Davis felt that another condition should be added, which
was a condition of a Special Review Use back in 1983. He felt that
it should be included in the present Special Review Use. That condition
would read as follows: "That the existing access road to the existing
transmission line which is visible from Metcalf Road be removed and
revegetated as required by the Special Review Use Permit approved
back in March 22, 1983".
Councilman Davis stated that it was either Holy Cross or Ute Electric
that agreed to revegetate the short scar on the side of Metcalf Road,
which rises up to one set of poles- right across from Lot 36, Block 1,
Benchmark at Beaver Creek. Councilman Davis stated that this has never
been completed.
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Richard Brinkley, Manager of Engineering Services for Holy Cross
Electric, approached the Council. He stated that in the discussions
with the Planning and Zoning Commission, no one really could describe
which road was being discussed, or where it was located.
He stated that if it was the road relating to the line that ran up
Metcalf Creek, then both the Town of Avon and Benchmark Companies
built that road because they chose to construct a overhead power
line in return for not having to go underground.
Councilman Davis stated that was not the road that was being referred
to.
Lenghty discussion followed.
The Council proceeded to review the map.
After discussion, Mr. Brinkley stated that they would be willing to
revegetate the 69KV transmission line and resolve the problem.
After further discussion, Councilman Davis moved approval of Resolution
No. 87-3, Series of 1987 subject to:
1. That a reasonable and mutually agreeable landscape plan for Lot
10, Block 1, Benchmark at Beaver Creek (Metcalf Road Substation
Site) be approved by the Town of Avon and all construction
completed within a six month period;
2. That no existing access roads be enlarged and no new access roads
be constructed under this Special Review Use;
3. That no land be disturbed until a revegetation plan has been
reviewed and approved by the Town of Avon;
4. That the two structures shown in revised locations be installed
at the same location as existing structures to avoid interference
with future road construction in accordance with previously
approved plans;
5. Any design or location changes which may be required within
the Town boundaries as a result of the Eagle County review and
approval process be resubmitted to the Town of Avon for review
and approval; and the sixth condition,
6. That the existing access road to the transmission line north
of Nottingham Road and west of Metcalf Road from Lots 20 and 21,
Block 1, Benchmark at Beaver Creek, to the second set of
structures, be removed and revegetated.
The motion was seconded by Councilwoman McRory.
The Council then discussed and reviewed the landscape plan for the
Substation.
The Mayor called for a vote on the motion. The motion carried
unanimously.
The Town Manger requested that the discussion of the Bus Operations
and Transportation discussions be deferred until later in the meeting.
The Counci agreed.
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The Town Manager reported on the Summer Triathlon. Mr. James stated
that the event was scheduled for August 29, 1987.
The Homestake II-1041 Permit. Mr. James stated that the County
Commissioners deferred rebutal until September 9, 1987. He stated
that they have scheduled a full week for the rebutal. The Mayor
commended the staff for their presentations at the 1041 hearings.
Mr. James reported on the softball field. He reviewed the times
and dates of the scheduling with the Council. He stated that the
field should be open by June 22, 1987, and he would get back to
Council in the fall during budget discussions with an estimate
of finalizing the fields.
The Special Events/Park schedule and the calendar of events for
June, July and August were discussed. Mr. James stated that out
of eleven weeks, their were seven weeks of events during those
three months. Also, Mr. James stated that the Town had received
Judy Althaus's resignation.
Mr. James stated that the Town has to begin to establish some
policies of how the Town was going to handle the Special Events
situation. He stated that one alternative was to turn the Special
Events Program over to the Chamber of Commerce. He stated it would
work better under the Chamber as far as going out and raising funds
for the events. He stated that the Town needed to concentrate on the
operational part of the activities.
He was looking for some direction from the Council on this matter.
He stated they would have to negotiate with the Chamber of Commerce
in terms of compensation.
Councilman Davis stated that the Town was somewhat hindered as
far as going out and raising money for the events. He stated that
the Chamber was more likely the entity to be involved in that
part. It would take a large burden off the Town if it were turned
over to the Chamber. He felt that all Special Events, in time; should
be self-supporting.
Councilwoman Harrison agreed.
Kevin Payne, Executive Director of the Chamber, approached the Council.
He stated that if they took over the Special Events Program, they
would need some assistance with experience personnel.
After discussions of an additional assistant, and salaries, Councilman
Watkins moved to authorize the Town Manager to pursue these discussions.
The motion was seconded by Councilman Davis and was unanimously carried.
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At that point, the Mayor requested that Council refer back to
Mark Donaldson and the presentation in respect to discussion
of a convenience store and gas pumps.
Mr. Donaldson was requesting approval to allow a convenience store
and gas pumps to be located on Tract Q, Block 2, Benchmark at
Beaver Creek. He wanted it made clear that this was not a Service
Station. Also, Mr. Donaldson was requesting that an amendment to
the Zoning Code be permitted, to allow Motor Fuel Dispensing as
a Special Review Use in the SC Zone(Shopping Center Zone).
He stated they have proposed a 4400 square foot building with drive
around. He stated they have proposed two fuel dispensing towers
with a canopy overhead. The parking would accommodate 20 car spaces.
They discussed the fifty foot right-of-way.
Don Crouch, Manager for the proposed project, approached the Council.
Mr. Crouch reviewed and discussed the proposed project with the Council.
Discussion followed.
Councilman Watkins was not in favor of the proposed project;. and felt
it waz not the proper place to install gas pumps.
After further discussion, the Town Manager recommended that Council
direct staff to amend the Zoning Ordinance to allow a Special Review
Use for a Motor Fuel Dispensing in the Shopping Center Zone(SC),
also to include a new definition into the Zoning Code for Motor
Fuel Dispensing.
Councilman Miller so moved. The motion was seconded by Councilwoman
Harrison and was carried with Councilman Watkins opposing.
The Financial Matters were next presented to the Council.
Councilman Miller moved to receive items #1 through #2. The motion
was seconded by Councilwoman Harrison and was unanimously carried.
Councilman Miller moved approval of the General Fund of Accounts
Payable for May 26, 1987. The motion was seconded by Councilman Watkins
and was unanimously carried.
Councilman Miller moved approval of the Reconciliation Sheet of Accounts
Payable for May 26, 1987. The motion was seconded by Councilman
Connell and was unanimously carried.
The minutes of the May 12, 1987 Council Meeting was next presented to
the Council. Councilman Miller moved approval of the May 12th Council
Meeting Minutes as presented. The-motion was seconded by Councilman
Davis and was unanimously carried.
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The Town Manager then referred back to the Bus Operations and the
Transportation discussions.
Mr. James reviewed the history of the bus service of Avon with the
Council. He stated that there was a real concern of the life of
the bus service for Avon because of the lack of revenues that the
Town was not receiving. Mr. James gave the Council alternatives to
discuss to see which direction the Council wanted to go.
These alternatives were as follows:
1.
2.
3.
4.
5.
Keep the same level of service
General Fund Subsidy.
Reduce the level of service to
funding. This would mean that
and skier drop off would occur
of Beaver Creek.
and continue with
match appropriate level of
a local service would be provided
at the Sales Center at the base
Provide the level of service as above the allow the lodges to
contract or provide their own bus service to Village Hall
in Beaver Creek.
Raise taxes to meet the current level of service.
Eliminate the service.
The Council discussed these alternatives at length.
Councilman Davis felt that Council should look into eliminating
the bus Service. He stated that most hotels provide their own
transportation. He stated that the people that are benefiting the
most are not paying the way. He stated that 950 of the visitors
coming into Avon are staying in the hotels. He felt that Council
should discuss it and see what the perimeters were.
The Council discussed the possibility of contributing funds to Beaver
Creek and let them handle the service altogether, sell the buses,
and return the funds into Capitol Funds.
Kevin Payne had concerns of the.-Town- reducing, or even:e-liminating bus
service.
He stated that before the Council made any kind of decision, they
should take a look at the issue of the benefits that the bus service
holds.
Councilwoman Harrison stated that the lodges were struggling also.
She felt by reducing or eliminating the service, it would have a
serious impact on the lodges. She agreed that the lodges should attend
the meetings to represent their interest.
Lengthy discussion followed.
Mr. James stated that he would take the Councils' suggestions, compile
the information and bring the matter back to the Council at the next
meeting.
There being no further business to come before the Council, Councilman
Davis moved to adjourn. The motion was seconded by Councilman Miller.
The meeting was adjourned by Mayor Nottingham at 11:22 p.m.
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PECT.FULLY SUBMITTED :
Patricia J. Doyle/, Tokhk Cle
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APPROVED: P