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TC Minutes 10-10-19890 • MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD OCTOBER 10, 1989 - 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 Nottingham at 7:48 p.m. A roll call was taken with David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Community Development/Norm Wood, Director of Municipal Services Larry Brooks, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. David Smith, Manager for the Coastal Mart approached the Council. Mr. Smith stated that when they remodeled the Coastal Mart, they were suppose to build a canopy over the gas pumps. He stated that at that time it was his understanding that the Planning and Zoning Commission did not allow them to build the canopy. Mr. Smith wanted to know if something could be done to get the canopy built. Councilman Davis stated he would like to see a canopy over the pumps. Council directed Mr. Smith to design the canopy and submit it to the Planning and Zoning Commission. Patricia Conran was not present. Her discussion was deferred until later in the meeting. There being no further discussion, the Mayor closed the Citizen Input portion of the agenda. Second reading of Ordinance No. 89-13, Series of 1989, AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS. Gerald Bonser representing Public Service approached the Council. Basically the only change in the amended ordinance was adding the transportation gas to the franchise fee, and the Favored Nations Clause. This would give the Town the right for an open, if there would be a more favorable franchise on a monetary basis any place else in Colorado. Councilwoman McRory moved approval of Ordinance NA. 89-13, Series of 1989 on second reading. The motion was seconded by Councilman Reynolds. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor entertained a roll call. Those Councilmembers voting aye were: David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of ordinance No. 89-14, Series of 1989, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. Larry Brooks stated that in May of staff to sign the deal to purchase existing fleet. He stated that si market for the best lease purchase expected to be delivered the first rate being 7.6%. this year the Town Council authorized a fourth Orion bus to add to the nce then he has shopped the package. He stated the bus was week in November. The interest Councilman Davis moved approval of Ordinance No. 89-14, Series of 1989 on first reading. The motion was seconded by Councilman Bennett. There being no discussion, the Mayor entertained a roll call. Those Councilmembers voting aye were: Dave Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. The next item on the agenda was the appeal decision of the Planning and Z oning Commission in regard to the Deep Rock Water Company's sign. At that point, Councilman Davis stepped down due to conflict of interest. Mark Donaldson representing Merriel Fie of Deep Rock Water Company out of Denver, Colorado approached the Council. Mr. Donaldson stated that they had presented a revised sign program to the Planning and Zoning Commission and were denied the request. Mr. Donaldson gave a brief history of the project. The building consists of 11,500 square feet of building under roof, and was planning to occupy half of that for his own facility. Mr. Fie was to pursue a lease for the other portion of the buildig, but at this time, there were no tenants. -2- 0 • Mr. Donaldson stated that there was some conflict of square footage of the sign. He stated that they were presenting a high quality pan- channel backlit sign with the blue plexiglas lettering with metal frames. He stated it was a building standard for the Company in Colorado and in Nebraska. He stated that the Planning and Zoning Commission felt it was too large for the building. However, he stated that he and Mr. Fie calculated it very carefully based on the definition in the Avon Sign Code, which read, "that the sign area is the entire surface within a single continuous perimeter enclosing the extreme limits of writing representation, emblems, or any figure of similar character together with any material or color forming a sign in the background in which it is placed." Mr. Donaldson stated that he calculated the size of the sign to be 78.066 square feet, and they were allowed approximately 85 square feet. The sign allowance for a building is based on the lineal foot, the front elevation of the building that faces the street. He felt the sign was keeping with the building colors, the design is of high quality material. Mr. Donaldson stated that he would appreciate the overturning of the Planning and Xoning Commission's decision of denial of the sign request.He stated it was =iginally. published as a variance, which was not correct, because they came in for a revised sign program. Mr. Donaldson stated that Deep Rock Water Company wanted highway exposure. He stated that they were increasing their business in the region. They were coming into the mountain areas with full service. Mr. Donaldson stated that this was a Regional Distribution Center for Deep Rock Water. He stated that they were asking for less sign square footage than is required by the Avon Code. Councilman Bennett had concern that the applicant would come back in and instead of a six or seven square foot, or just a basic directory sign by the door, they would want a thirty or forty square foot sign for the second tenant. Mr. Donaldson stated that that would not be the case. Councilman Bennett felt that if an applicant bought highway property he should be able to have the opportunity to use the frontage of the building to advertise their business. Mr. Donaldson stated that his client was willing to go without signage on the other half of the building, that this was so important to him. Councilman Stovall stated he would feel comfortable about this matter if he knew for certain that giving, what Mr. Wood indicated, that the calculation of the sign based upon how the staff normaly does it, in access of what was allowed. Mr. Donaldson stated that staff was not willing to go to the level of calculations as they did. -3- • • Mr. Stovall stated he would be in favor of Donaldson's proposal, but would be more in favor, if the owner of the property were to state that this was the sign, and there would be no more signs on that building. Mr. Donaldson stated that that was not the case at all, the Council has control. He stated that a week before the meeting, the sign was calculated at 84.5 square feet, but the day after the meeting it was calculated at somewhere over 100 square feet. He stated that they then did their own calculations and it was 78.066 square feet according to the Town guidelines. Mr. James stated that staff needed to address the sign regulations to make sure the staff was consistant. Mr. James stated that staff did the calculations and according to that calculation, it seemed that Deep Rock Water Company was within the current guidelines. The Mayor stated that different people can have different perceptions of what was in front of the building. His perception was that it did not overwhelm the building, he thought it was a very attractive sign, and recommended that the decision of the Planning and Zoning Commission be overturned. Mr. James stated it was within the current regulations and felt the staff made the mistake. The Mayor entertained a decision from the Council. Councilwoman McRory moved to uphold the decision of the Planning and Zoning Commission on the grounds that the proposed sign was too large for the building facade and was out of proportion with the architecture of the building. The motion was seconded by Councilman Garton. Councilman Stovall stated that Mr. Donaldson had a good basis for the appeal, but felt it should be limited to no other signs. Councilman Bennett did not support the motion, and felt the sign should be allowed, and that no additional signage on the building. Councilman Reynolds agreed with the motion and felt very strongly that in the future it would cause problems. Mr. Donaldson asked that Council not consider any future problems in this request. He understood that there were risks, but that the Council could certainly eliminate any future signage. He stated that the Council had that authority. The Mayor entertained a vote on the motion. The motion carried by a 3 to 2 vote with Councilmen Stovall and Bennett opposing and Councilman Davis abstaining. Councilman Davis then returned to his seat. -4- • • Councilman Bennett moved to receive the proposed 1990 Budget. The motion was seconded by Councilman Reynolds and was unanimously carried. Additional copies of the proposed budget are available in the Clerk's office for review and inspection. The public hearing for the 1990 budget was scheduled for November 14, 1989. Next on the agenda was an update report on the Railroad Crossing on Avon Road. Mr. James stated that Council has been working on a proposed Separated Grade Crossing on Avon Road, construction to begin in 1991. He stated that as far as the process, there needed to be data collected, some surveys done, and mapping to be done this fall. Mr. James was requesting authorization to spend $10,000 this year for the preliminary work. Councilman Davis moved approval of the expenditure of $10,000 for preliminary work for data, surveys and mapping to be done this fall in preparation of the construction to begin in 1991 for the Separated Grade Crossing on Avon Road. The motion was seconded by Councilwoman McRory and was unanimously carried. Patricia Conran, Superintendent of the Eagle County School District approached the Council. Ms. Conran discussed the upcoming School Bond Election which would be held November 7, 1989. The questions on the ballot would be: 1. Whether to provide $21,045,000 to build two new elementary schools and improve two high schools. 2. Whether to provide $628,823,000 to staff, operate, and maintain new and existing schools. The studies for the needed funding were made by the future facilities task force, professional advisors, school district staff and the Board of Education. The enrollments have grown 25% in the last 5 new elementary schools were: $6.7 million dollars for Edwards School. $7.09 million dollars for the Gypsum School. Improvements to the two high schools would be years. The cost for two $7.21 million dollars. Ms. Conran stated that a YES vote on question one would not increase taxes. New Debt would replace the old debt so there would be no increases in taxes. A YES vote on question two would increase taxes over every $100,000 of residential market value by $17.38 per year, and $1.45 per month. -5- Howard Gardner approached the Council. Mr. Gardner stated one important aspect of working on the task force was working with the people.-He encouraged the Council to pass resolution No. 89-35 which stated the affirmation approval. Dave Mott approaches early voices asking contruction program schools. He stated there was a need of issue. 3 the Council. He stated that he was one of the that the School Board to reconsider their original which consisted of the building of the two elementary that he asked for a Central High School. He stated improving the high school. He did support this Councilman Davis moved to adopt Resolution No. 89-35, Series of 1989 in regard to the support of the Eagle County's Special School Bond Election. The motion was seconded by Councilman Bennett and was unanimously carried. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 through #11. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the General Fund of Accounts Payable for October 10, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for October 10, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the September 26, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. -6- 0 Mr. James requested that Council 7.6% interest, possibly have an and lock that interest in place they could use the money now, or purchases. He stated that if he bring it back to the Council at • allow him to capitalize on the appraisal done on the Municipal Building for a couple of years. He stated that set it aside for future lease could get a program arranged he would the next meeting. There being no further business to come before the Council, Councilman Reynolds moved to adjourn. The motion was seconded by Councilman Garton. The meeting was adjourned by Mayor Nottingham at 8:45 p.m. TFULLY SUBMITTED: atricia J. ];~byle, Tpwn fCler -7- MEMO TO: Bill James, Town Manager FROM: Larry Brooks, Director of Municipal Services ~6h DATE: October 30, 1989 RE: School District Joint Use Agreement As requested, I have reviewed Pat Conran's October 20, 1989, correspondence regarding the proposed joint use agreement. Several items in this letter may warrant your consideration: 1. Definition of "School District Facilities". The required areas needed may well expand beyond the football field, restrooms and locker facilities. Specific examples may include gymnasium and/or weight room. With this in mind, we may wish to expand upon the definition of facilities and their use as discussed in items #3 and #4. 2. Maintenance and Operation. It clearly states in item #2 that 0 & M costs on Tract "P" and "G" will be incurred by the Town of Avon. I -would suggest the same-level of clarity -regarding,0 V M for th-e_ facilities at Battle Mountain High School-. As a sidebar to the "NFL scenario", I would like to see this agreement instituted for general recreation programming as well. Over the years, we have had an excellent (and quite productive) relationship with the schools. Recreation programming has included youth and adults 'in activit-ies ranging from competitive sports to after school programs. These activities are being arranged however, on a season-by-season basis. This scheduling format leaves our recreation department feeling somewhat tentative regarding the future. I believe the efforts you have initiated in the joint use agreement could formalize (and stabilize) the programming future of Avon's recreation department and its participants. IFW LB/Ml . ~ l EAGLE COUNTY SCHOOL DISTRICT RE SOS P.O. BOX 740 • EAGLE. COLORADO 11411 F PATRK3A C. COF~ ~-7 October 20,1989 l 2 3 TO: Bill James, Town of Avon 'f OW N OF AVt; . . FROM: Pat Conran RE: Joint Use Ag memeat The following iafmrmation. b In! Pnded tobe fooorposated -in a joint use agreement proposed for use of School Datti+ct p vpeity by the Town of Avon, specifically the 'Tract P site. At a meeting on October 6 between Bill James and myself; several aspects regarding use of School District land (Tract P) and School- District facilities at Battle Mountain Ifigh School were agreed upon. - -The following is a summary of our discussion. 1. Summer use of 'Train P' ouW& of the normal school year may be scheduled by the -Town of Avon, with improvements to 'Tract-P' being granted contingent upon prior approval from the Eagle County School District Board of Education. Any such property that -is altered by these improvements will -be restored by the Town of Avon at the termination of this lease at no expense to the Eagle County School District. (NO71~ T his provision seems to fit wide parq puph #4 in the Prema 2. The School District will have priority use during normal school lours for school Divot ac dvifm during the normal school pear (u between Angst 15 o d bone 15). MainUmm and operations for the 'Tract P' and 'Tract G' sites will be at the tense of the Town of Avon. 3. The Wiliam at Battle Mountain High School, the football field at Battle Mountain High Scibool OWMP er nor Onside of due naiad school yew) will be scheduled by the Town of Avon. Priority use during the normal school year (fmm August IS to Jane 15) will be given to the School District. Use by the Town of Avon during this time would be on a space and time available basis. 4. Restroom facilities for the public and locker rooms for teams will be made available during the time the football field is scheduled for use by the Town of Avon. Other spaces may be made available upon prior approval from the School District. It is understood that if the • Page 2 October 20, 1989 Town of Avon uses the football field, the crowning espensM improvement e3pe=46, iallation of a sprinkler system, and renovation of the adjacent track will be paid for by the Town of Avon. 5. If seauity pies we seeded ride the school bu& ing to provide for access to locker rooms sad/or restroom facilities, those gates will be provided for at the e3pome of the Tows of Avon 6. All equipment to be used at the sites will be UMMW by the Town of Avon with storage being provided on a temporary basis during the life of the lease between the Town of Avon and the Eagle County-School District. 7. Utilities will be provided at the expense of the School District . We - appreciate the cooperative manner the Town of Avon-bas, displayed in working out this use agreement. Once the details of this agreement have been mutually agreed upon, it is our intent to present it to the Board of Education for final approval Please feel free to contact me if you have any questions, or if you would like additional information shk C Board of Edocad= Dan Bernard, School Attorney AGREEMENT THIS AGREEMENT is entered into this 24th 44Y of Augvst, 19889 between the Torn of Avon. Colorado, a municipal corporation hereinafter called the Torn and Eagle County School District ReSOJ, hereinafter Cal-led N he School Di strict', a gee Mental Subdivision of the State of Colorado. *FAA- the Tan of Avon has eabar#td upon a Progrn of Improving a portion of a parcel of land now described as Tract Pe Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado designated for a school site. Said portion of parcel is further described as: A parcel of land lying partially within tract G. Block 2!. Benchmark at Beaver .Creels--Subdivisions Ea 1e Coup.~r Colorado, being more particularly do u fol~pm; Beginning -at t1w: soar _ - - r , - -sencri at Beaver Creels, Amendment Vo. 4, Tone of Avonk ,E - le- Caark - Colorado, said.point also' lying on the north right-of-nof' the Denver and Rio Grande Yestern Railroad ng of ri t-of-way line 187.00 feet al thence along said 14 t, Morse radius is 2914. the arc of a serve to the 48' 2S' Y, 186.97 fit; Meet and Whose chord bears N 670 N 180 25' 32' E 329. departing said 228 Es line 220.96 feet to a point on the easterly ~ce71ine7' ~ E, also being the common line bete said TractfP &W r said line Block 2. art at Beaver Cry; and Tract G, 350.95 feet along said easterly line theaft the poi t ofb~ienin9 containing 69,013 square feet or 1.586 acme more or less. • YHEREAS the School District may at sometime in the future be the record owner of the above described real proper, and if so, is agreeable to joint and mutual use of said portion of Tract P by the the School District and the Torn; and W EREAS the Town desires to cooperate with and protect the School -District; _ 1 NOY, thlEREFORO n consideration of the pert nce of each of - the agreements and covenants set forth, the Town and the School District agree as follows: 1. School District's use for educational purposes is of paramount use. Z. A nonexclusive use agreement 1s granted by the School District to the Town of Avon to construct an athletic field and related outdoor recreation facilities an said portion of Tract p as described above. 3 The athletic field area, as used in this "reeM- t, shall rewire the le~sel ing and grading of said. area alm with the construction of related outdoor recreation facilities. -It is understood and agreed that final plans for the athletic field area have been approved by the School District. 4. The intent of this agreement is to pri on ti ze use based on demand as mutually agreeable between parties to allow maxi- mum utilization of the improvements to accomodate both first- priority to the School District for use of premises and second priority to the Town. It is further agreed that typical use by the Town shall occur after school hours dur- ing normal school calendar and duri the wow as defined. by ft-born! , -School District grill need= usb sate partton.=ot Tract -P during normal ssse time ba► tfie_ Town, the School --District will - pftti de 10. days. advance -notice to-. thee-'Town for .use during normal school year and-will notify the Town of -any summer use no later than April lr of any calendar-year. 5. The Tom shall not make array substantial structural alter- ations or changes in said facilities withom the written approval of the School District. 6. The Town agrees fully to save harmless and defend the School District and the School District's Directors, Officers, Emplayees,.and/or Agents personally from all sits, actions, demands, expenses or claims in law or in e"ity, arising out of the ececutiom of this Agreement, or the design, engineer- ing, use, construction, and maintenance of the real property herein described. The Town shall be responsible for any liability resulting from ~MW litigation and. shall pay the costs of suit, attoa°noa -fees, appellate costs:. and wry other costs or expenses a~hich may be assessed against the School District's Directors, Officers, Employees, and/or Agents personally as a result of any suit, demand, or claim filed concerning this Agreement. 7, The premises shall be used solely for the facility and pur- pose described herein or for Such other purposes as the school District may approve. The Torn wail not carry on or P"Wit epos the Prises MW Offensive, not activity or any nulsacCe to al►. Or d1nlerp~s tthhiil P 9 The Town W111 Paythe - qM Public or the +djoinln9 Tom frlsim caused alerts or kW by the Tom I s misuse of saw ' tathhe TOMI or not esereise control , esPl~►ees. Town shall it itles by thl= Ilstri ~ no of tM tec be 'espons101e to ptir duwW Stool District shall ales to the Pre~i~ caused ~ the Totia ter aror School D1st~'1ct Or . School oistricc es Of SM a Mt., same by the School District=s eWlarees. abuts. or bar 8- The Tan alms to maintain at l iabil i V insursna vith p ' the Ta° s expense peel lc 9 Public 1~ury limits of no less tAen~ ~~~il ~~t~~'~al ined in Colorado Governmental Immuni Ar as a 10 def- ~tiZ~O-1~1~14rreewwiaith an amount of $150.000 ct, Article 1e' outdoor recreation"facijit es a iU~ c ield ~doc~r in the name of name of related 11c liability inthe sura~ sand hall cover District Tow • or_ resulting-from the use to be made ofl said1 fity acci l. f it i ities by by th the TOWN. 9' The Town agrees to keep said facilities insmred Loss or -da~a T 's inser9e-bj►-;tine-or-other casuatty ~ ~inst anoe coeerage.-. The Town Part of the Toeaiif id facil itl - :bn dace further; :"S that- will 9e4• de3 " proceed 44th- dare.-deli bi!--firer the = the "M -to-the condition existn do !repair-or-reitore destruction, and, as ~before such- dl- ~ or allow the School ssion as Possible thereafter, will. in accordance with to make use of said facilities forth herein. the rights io the School District set it is not feasibIf, in the le to opinion of the in repair or wild the parties hereto. ease of total destruction or severe said faciliti es other casualty, then either part, shall hale he fire or .terminate this Agreement instead of wilding r to efrove- 10. The school District further agree the School Districts inse to ~ver as part of i nsrrrance with Property. bodily and b i l i ty age* of no less than staty Personal injury limits 'Governmental leyi limiUtica as defined in Colorado with an mo unt of $,Sg Acts ~i00.0 ON 24'10-1149 - 9~r'egate on said property as tract pursuant to the terms of the by ~ tit S<hoo~llDDis- otherwise Provided, Agreement, except as 11. The Torn agrees to P4y promptly when due charges for electricity, water, sere and Payable, all --gas-and-other-utf)ities-as reltfe~=coll.ectipr,----- heretofore mentioned, mprovements 12. The Toot t11 -be responsible fdr the.- - tI" of all = non-schoo lated activities. The Schoo" tract shall be responsible for the coordination of all school related activities and shall have, priority over use of facilities. 13. No aundoent or modification of the Aga t shall be valid or, binding unless reduced to writing, foully approved by the Tam .Council of the Torn of Aar and fibs Stool pls. trict s Board of Education and executed by flu: Fresidomt of the Board of Education and appropMate officials of the Tows of Avon hereto in the same manner as this Agrwmt is executed. 14. This Agreent contains the entire agreement of the parties and all negotiations and understandisp have been merged herein. j 15. Both parties shall have the right to-terminate this Agree- ment effective on July 1 of auk year bemfter PMided that either party give the other party written notice of such termination not later than the preceding November 1, and further provided that the Tovn delivers to the School District on or before the effective date of such termination a deed or bill -of sale quitclaiming to the School District all of the Town's right, title, and interest in and to said facilities. Such termination shall relieve either party from any further obligations under this Agreement. AN WITNESS _VKREOF : the pirties.kereto leave bereuiito-=set :their hands and seals -the day and 'year- first. above wi tten. - Cr ~t 1- &4 r ATTEST: TOWN OF AVON B or ' EAGLE COUNTY SCHOOL DISTRICT RESOJ BY: yes o Cam- ~ 3.~- t ~ •447 % .J` l ~ 13 -I~ "i4i; Z ' 1. f ~l I I ~ t~ ~ 11 I 1- I I i~ tt t •i ~ii Li- ~ a ~ . l..~ ~ ~ _ err - 10 EAGLE COUNTY SCHOOL DISTRICT RE 50J P.O. BOX 740 . EAGLE, COLORADO 61631 • =a 32B41t1 OR 949-5310 PA7JWU C COF*Am suPFw =7 7 26,1909 U Bill James V a 0 1 Town of Atwon OW 875 TOV.,. : Avon, 00 81820 - - Dear Mr. James, This is -to inform you that the Eagle County School District Board of Education,- at its October 25 mWN, discussed the drag of the agreement between the Eagle County School District and the Town of Avon and asked me to request tunher consideradw/d _0f the bbwing_kerne: I.- is there to to -any Jendnp around the -W" that will either add to or defraGt tan >fie appearanae.of o seed 2. D+rinp the s6rI months, the Board believes w9 -should be re sponsible for scheduling of the Battle Mountain High School %cirity; that is, to must have ts, Board is -adaJnant in its beW that our students- Prey through the school year and during the Wrow months for such things as football camps, conditioning weight V* ft etc. ' e'tease 0011w "W afe at your m a lost ocrwer~ierwe 90 that we can s8 dowry and dro~ss/vrortc at ttmm d talls. Sincef* lizl~ el., Pa&kA@ C. Conran SL4)wt andsnt shk c: Dan Bernard