Loading...
TC Minutes 08-25-19876 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD AUGUST 25, 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 7:35 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/Park and Recreation,Larry Brooks, Planning Consultant Jim Lamont, Police Chief Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Joe Macy, Director of Vail Planning and Technical, approached the Council. Mr. Macy was asking for support for the Cloud Seeding Program at Beaver Creek. He stated that the cost of the program at Avon/Beaver Creek would be in the amount of $31,730. He stated that they were proposing that Vail Associates pay half of that amount($15,865), that Beaver Creek Resort Company pay, $6,981, and was requesting that the Town of Avon contribute, $8,844. He stated that the split--was based on the amount of beds in the Vail,.:_Beaver. Creek and Avon area. Mr. Macy reviewed and discussed the process of the Cloud Seeding Program with the Council. Councilman Miller stated that the proposed funds would be looked at for the 1988 budget sessions. Mr. Macy stated that they could postpone the first payment until after the first of the year. He stated that they could make Avon's first payment, and then after the first of the year, collect that payment from the Town. Mr. Macy explained that a start-off payment would be made, which would take care of the insurance(purchase of propane, permits, legal fees, etc.), and then the billing would appear on a monthly basis depending on the amount of hours of seeding that actually occurred. He stated that they were in a position to shut down the program at any time. Councilman Davis stated that the Cloud Seeding Program was in the best interest of the Town of Avon, that it would assure the Town that there was appropriate snowfall to generate the interest for tourists to come to the area. 0 0 The Mayor stated that Council would seriously consider this request at budget time, and would attempt to work with Mr. Macy on this matter. The Mayor thanked Mr. Macy for coming. Susan Vaughn, Director of Community Development, approached the Council. Ms. Vaughn discussed the Transportation System and the Bus System. She stated that the County has been working on plans for a Bus System. She discussed the possibility of the Town and the County working together to come up with a joint system, similar to the Summit County Stage, which covers the Summit County, the towns, and the ski areas, and all of them participate in some fashion. She stated that the Regional Transportation Counsel has discussed the various proposals. She stated that the most viable proposal that was discussed was, to explore the possibilities of which agencies would be interested in participating with the County in a system that basically would be a "Trunk Line" from Edwards to Vail on Highway #6. It would be three buses in the morning, and three buses in the evening for employees, and then make the Vail to Beaver Creek bus run all day on a twenty minute round trip basis. These buses would be going from Beaver Creek Transportation Center to the Vail Transportation Center. She stated that they have not tied down the bus routes, or the funding as yet. Ms. Vaughn stated that the County needed to know if Avon was interested in participating in the discussions, and how all the towns could cooperate. She stated that she was proposing in her budget, a sum of $300,000 for the County's participation in the proposal. She stated that they have an estimate for the season, running from approximately, November through the-'spring, of approximately $500,000 for the "Trunk Line". She stated they have discussed this issue with Beaver Creek and Vail Associates, and they have indicated that they would like to discuss the possibility of a joint system. She stated that there has-been discussion of using Avon's buses either at a reduced rate, or using them free to charge. After lengthy discussion, the Mayor stated that Avon would possibly be participating in the discussions, and would contribute what-ever was available. Ms. Vaughn thanked the Council for the Town's participation in the Recreation Plan, which was moving along smoothly. She stated that they should have the report of the Plan to the Council by late October. Ms. Vaughn suggested that they set up a meeting within a week or two to discuss the Transportation Issue, and to make some determination of what kind of dollars would be needed. She stated that a Notice would be sent to the Town Manager in regard to the meeting. The Mayor thanked Ms. Vaughn for coming. -2- • • Clayton McRory approached the Council. Mr. McRory was representing the Core of Engineers, and was attached with the 244th Combat Engineers in Denver, Colorado. Mr. McRory stated that the Core of Engineers was willing to provide services to the Town of Avon for construction for proposed ball fields in Avon, basically, grading, culverts, drainage ditches, etc. He stated that for the Core of Engineers to get involved in such a project, the Town would have to provide specfications, photos of the areas, and scope of work, also to provide all the materials. Councilman Davis was in support of this issue. He stated that the Council should look at putting funds into the 1988 budget to cover this project. Councilman Watkins stated that he has contacted Bill Nottingham, and had received a verbal commitment from Bill to use the property west of the airport for a ball field, and he had also had some interest from Continental to use some portion of that property, but would have to receive the commitment from the FAA. Mr. Watkins stated that, as far as Tract P, he had talked to some school representatives, which stated, they would have no problem with the town using the Tract P portion for ball fields, but requested that the town put together a excavating plan that would fit in with the future plan for the proposed school. He stated that he would like the softball committee to continue, with the help of the staff, especially along the lines of the plans, engineering and the surveying that would have to be done. He suggested, two ball fields on Tract P, and two ball fields on the Nottingham/airport property. Councilman Davis stated that any physical aspects of the ball fields, the Town would bear the cost, such as, wire, screen, and all the materials for the job. Councilman Connell moved to direct staff to pursue this matter with vigor, and to find out how much could be accomplished, and what the Town should be doing; that the staff return to Council with a price of what the hardware would cost. This would be for 4 ball fields, including the possibility of concessions, and restrooms which would be placed in at least one ball field, and to have those figures ready for the 1988 budget. The motion was seconded by Councilman Davis. Councilman Miller stated that in regard to the Master Plan of the town's surrounding areas, he suggested that Council review what was being offered, only as it related to Tract P. He felt that it was necessary that Councilman Watkins, or anyone else, to review these matters with the staff along with the Master Plan of the Town. He stated he was not in the mood to look at two or three different pieces of property for softball fields, but was interested in dealing with what was originally planned. The Town Manager stated that the Town should take every bit of help it could, for this time of year. The motion was carried. The Mayor thanked Mr. McRory for coming. There being no further Citizen Input, the Mayor closed the discussion. -3- • 0 Second reading of Ordinance No. 87-20, Series of 1987, AN ORDINANCE AMENDING SECTION 10.04.060(G)OF THE TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO MAXIMUM SPEEDS WITHIN TOWN LIMITS AND BY THE ADDITION OF SECTIONS 10.18.010 THROUGH 10.18.060 AS IT PERTAINS TO MANDATORY USE OF SAFETY BELT SYSTEMS IN MOTOR VEHICLES AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Miller moved approval of Ordinance No. 87-20, Series of 1987 on second reading. The motion was seconded by Councilwoman McRory. Councilman Connell moved to amend Section 10.18.040 to read, "that any person violating this section would be a fine of five dollars" The motion died due to a lack of a second. 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,GIoria McRory and Jerry Davis. Those Councilmembers voting nay were Al Connell. The motion carried by a 5 to 1 vote. Second reading of Ordinance No. 87-21, Series of 1987, AN ORDINANCE IN RESPECT TO AN INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION. Joe Olson stated that they have met with a number of the Metropolitan Districts on this matter. He stated that there were significant changes to the Agreement by one of the district's attorney's. He stated based on those changes, he was recommending that Council continue the public hearing and the second reading of Ordinance No. 87-21 until September 8, 1987. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Councilman Miller moved to continue Ordinance No. 87-21 on second reading and to continue the public hearing until September 8, 1987. The motion was seconded by Councilwoman Harrison. The budget for the Intergovernmental Districts for Fire Protection was discussed. Mr. Olson stated that there-would no position for an Administrator Chief. He stated that the districts felt that it was another position within the ranks of who would actually be in charge. The districts felt that if Mr. Olson was in charge, then there should not be anybody else between him and the shift officers. After discussion the Mayor called for a vote on the motion. The motion was unanimously carried to continue the second reading and the public hearing on Ordinance No. 87-21 until September 8, 1987. -4- • • Resolution No. 87-18, Series of 1987, A RESOLUTION IN RESPECT TO THE HOMESTAKE II-#1041. Norm Wood stated that when the Homestake hearings were in progress, the Town Council indicated that they would like to make a recommendation to the Eagle County Commissioners, and the Planning Commission on the Homestake II Diversion Project in the form of a resolution. Based on the hearings, and the process, and information that was being received during the hearings to date, a resolution has been drafted, in which the Town of Avon was recommending denial of the proposed Homestake Project, and the #1041 hearings, and also based on a number of items to provide a basis for denial. Mr. Wood stated that in the resolution,it was mentioned, that in the event the County Commissioners felt it was necessary that they could not deny the permit, it included provisions, and conditions, that on any permit issued, it addressed essentially the same items that was used as the basis for denial on the project. Councilman Connell moved approval of Resolution No. 87-18, Series of 1987. The motion was seconded by Councilman Watkins and was unanimously carried. Resolution No. 87-19, Series of 1987, A RESOLUTION AMENDING RESOLUTION NO. 84-23, SERIES OF 1984, TO ALLOW WIND SURFING, BELLY BOATS AND KAYAKS ON NOTTINGHAM LAKE Basically the resolution amends Resolution No. 84-23 to allow wind surfing and Belly Boats on Nottingham. Councilman Watkins requested that the Council consider the allowance of Kayaks on the lake. After discussion, Councilman Miller moved to amend the resolution to delete the word, "Kayak" under Section II-1(h). The motion was seconded by Councilman Connell and was unanimously carried. In regard to a number of vessels on the lake, Larry Brooks requested that that be left to the discretion of the staff. The Council agreed. The Mayor called for a vote on the main motion. The motion carried unanimously. The Zown Attorney report was next on the agenda. Mr. Dunn reported on the Peregrine Project. He stated that the Peregrine Trial was moving along very well. He stated that it was not unreasonable to anticipate that sometime after the 18th of September, the Sale of the property should occur. Mr. Dunn-. stated that he would not be present for the next Council Meeting. Allen Christensen would be substituting for Mr. Dunn. -5- E • The discussion of the Stockyards/Nottingham Station and the Subdivision Improvements Agreement was discussed. Norm Wood stated that the staff did review the feasibility study for Avon Road Grade Separation, which was prepared by Centennial Engineering, Inc. Mr. Wood reviewed the map with the Council. The map showed an alternate roadway section with a total width of 82.5 feet. This total width does not include back slopes or retaining walls. The roadway section, in conjunction with vertical retaining walls, should fit within the existing 100 foot Avon Road right-of-way. A minimal construction easement would be required on each side of Avon Road in order to construct this roadway section. Mr. Wood stated that a brief discussion with Mike Blair indicated that Bill Nottingham would agree to the dedication of a 10 foot wide construction easement along the westerly side of Lot 1, subject to the following conditions: 1. The easement would be used only for construction access in the event a separated grade crossing is constructed. 2. Upon completion of construction, the easement will be restored as near as reasonably possible to the conditions existing prior to the start of construction at no :Cost to the owner of Lot 1. 3. Upon completion of construction and restoration, the easement will be vacated. Mr. Wood stated that staff felt these conditions were reasonable and would allow construction of the alternate roadway section when installed in conjunction with vertical retaining walls. Mr. Wood was recommending that the Council approve the 10 foot wide construction easement along the westerly line of Lot 1 adjacent to existing Avon Road right-of-way subject to the above mentioned conditions. Mr. Wood stated that there were two, twelve foot lanes on each side, a twelve foot median, and as it appeared from the underpass, the twelve foot median would allow the left turn lane to go in. Councilman Davis stated that he had no more comments other than that Mr. Nottingham would be willing to accept this proposal since it was fifteen feet less than what he had already accepted for a construction right-of-way. Councilman Watkins moved approval of the action recommended by staff, which was set forth in the memorandum dated August 20, 1987. The motion was seconded by Councilman Miller.(See memorandum attached) Councilman Davis felt that it was very short-sited to allow room for only four lanes of traffic, and believed that the available property should at least allow for some room to pull off, which was a minimum of twelve foot per side, or an additional twenty four feet. He felt that it was not a good compromise. The motion carried by a 5 to 1 vote with Councilman Davis opposing. -6- • • The Translator System Report was next presented to the Council. Joe Olson stated that the following municipalities and/or districts have approved the resolution supporting Avon's efforts to establish the Translator System in the area. They are: Town of Vail, Town of Minturn, Eagle-Vail Metropolitan District, Edwards Metropolitan District, Avon Metropolitan District. The following municipalities and/or districts have not been approached as yet. They are: Beaver Creek Metropolitan District, Berry Creek Metropolitan District and Arrowhead Metropolitan District. The Financial Matters were next presented to the Council. Councilman Miller moved approval of the General Fund of Accounts Payable for August 25, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for August 25, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the August 11, 1987 Council Meeting Minutes were next presented to the Council. Councilman Connell moved approval of the August 11, 1987 Council Minutes as presented. The motion was seconded by Councilman Miller and was unanimously carried. There was a matter under Other Business, which was in regard to the Community Shopping Center. The developer was requesting that the Council extend two particular dates in the Acquisition Escrow Agreement, because of some unforseen circumstances that have caused the project to actually be pushed back by possibly a month. The change would occur in Section 2-b, that the date be changed from March 1, 1988 to April 1, 1988, and in Section 2-d, that the date be changed from March 1, 1988 to April 1, 1988. Jim Anest, in-house Counsel for Palmer Development Company, approached the Council. He stated that there were two concerns which were with City Market, as far as, negotiations to add space with them to the current structure. He stated that due to some negotiation problems, this would not occur, and they were forced to re-design the center, which caused additional problems, in that the development company had to return to the lender to receive approval from them for having a smaller space, and secondly, also had, in subsequent, receive additional approval from Wal-Mart, as far as, the fact that they had to down-grade the total retail space. This in itself would delay the project by approximately six to eight weeks. -7- • • Mr. Anest stated that the second delay was due to recent changes in Wal-Mart personnel. Wal-Mart had brought in a new Design Team, and they presented, to the developer, new specficiations and new conditions, which were quite foreign to what the developer was used to. The Development Company had to return to Wal-Mart to explain what the developers concerns were, and what they needed, as far as, additional consensus to make the project fit within the developers budget. He stated that they have selected a contractor, Ringland, Johnson, Crowley from the Denver area. He stated that they were looking for the initial grading to start Friday. Mr. Anest stated that they need a April 1, 1988 for the completion of the project, and also need that date to assure their finance company(Loma.s Nettleton), that there would be no difficulty with the Town, as far the town's participation in the project. Mr. Anest was requesting that the first half segment be triggered after December 2nd, 1987, based on certain conditions that the developers would like to enter into with the town staff, based on the Council's approval. Lengthy discussion followed. the as, The Mayor stated that per the Town Manager's recommendation, the Mayor recommended that Council go with the changes and move on with the project. Councilman Watkins stated that he had no objection, but would like to see the changes in writing so he could look at the amended Agreement, and wanted to see those changes before he made a decision. Councilman Davis was concerned with the request. He stated that he didn't see a problem with the date changes, but did want to see, on paper, any changes to the Agreement. Further discussion followed. Councilman Davis moved to extend the date to April 1, 1988, by which Wal-Mart would be open, and would trigger final payment on the Bond. The motion was seconded by Councilman Connell. The motion carried by a 5 to 1 vote with Councilman Watkins opposing. Councilman Davis suggested, as far as, the second request, that over the period of the next two weeks until the next Council Meeting, that Palmer Development Company work out the details with the staff, and to present those details to the Town Attorney for his review so it could be presented to the Council for a final decision, as far as, the Bond Proceeds being transferred earlier than agreed upon. Councilman Watkins discussed the letter that Council had received from Councilman Steve Miller in regard to his applying for the Public Safety Position. Mr. Olson stated that this Public Safety Position had been deleted. The new position would be responsible for fire inspections for the Town of Avon, plan checking for the Town of Avon, fire training for the cross-training of the employees. This position would be funded by the Avon Metropolitan District. Mr. Olson stated that this position should be filled between September 1, and September 15, 1987. The Town of Avon would not contribute any funds for this position. Councilman Connell had a concern, as far as, fire inspections being done for the Town. He felt the Fire Department had too much authority. He stated that the Town needed minimum standards. -8- Councilman Watkins stated that his concern was that a Council person applying for the position, and if he was hired, would have to resign from the Council because of a conflict. He felt that by applying for the position created a significant conflict of interest, and it was his opinion, that if someone was applying for the position with the Town, to avoid the appearance of conflict and politics, that there should be a resignation from the Council first, and then apply for that position. He felt it was putting the Council in a hard position. The Town Attorney stated that the only requirement of the Town Charter was that members of the Council would not be employed by the Town. He stated that the issue brought up by Councilman Watkins was more of a matter of appearance. Rather than a legal matter, it was a personal matter. It was a personal matter to all the Councilmembers, not only to Councilman Miller. Discussion followed. No action was taken. The Mayor entertained a motion to adjourn. Councilman Connell moved approval to adjourn. The motion was seconded by Councilwoman Harrison. The meeting was adjourned by Mayor Nottingham at 10:43 p.m. -9- APPROVED: MEMO TO: Bill James, Town Manager FROM: Norm Wood, Director of Engineering and Community Development DATE: August 20, 1987 RE: Stockyards/Nottingham Station Subdivision Improvements Agreement The Feasibility Study for Avon Road Grade Separation prepared by Centennial Engineering, Inc. shows an alternate roadway section with a total width of 82.5 feet. This total width does not include back slopes or retaining walls. This roadway section, in conjunction with vertical retaining walls, should fit within the existing 100 foot Avon Road right-of-way. A minimal construction easement would be required on each side of Avon Road in order to construct this roadway section. A brief discussion with Mike Blair indicated that Bill Nottingham would agree to the dedication of a 10 foot wide construction easement along the westerly side of Lot 1, subject to: 1. The easement would be used only for construction access in the event a separated grade crossing is constructed; 2. Upon completion of construction, the easement will be restored as near as reasonably possible to the conditions existing prior to the start of construction at no cost to the owner of Lot 1; 3. Upon completion of construction and restoration, the easement will be vacated. Staff feels these conditions. are reasonable and will allow construction of the alternate roadway section when installed in conjunction with vertical retaining walls. RECOMMENDED ACTION: Approve 10 foot wide construction easement along the westerly line of Lot 1 adjacent to existing Avon Road right-of-way subject to: 1. Easement to be used only for construction access for the construction of a separated grade crossing of Avon Road and the D & RGW Railroad tracks; 2. Upon completion of construction, any disturbed area within the easement will be restored as near as reasonably possible to the conditions existing prior to the start of construction and at no cost to the onwer of Lot 1; and 3. The easement will be vacated upon completion of construction of a separated grade crossing. NW/mml