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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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