Loading...
TC Minutes 05-25-1990• 0 MINUTES OF THE CONTINUED TOWN COUNCIL MEETING HELD MAY 25, 1990 - 11:30 A.M. The continued meeting.of May 22, 1990 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 11:56.a.m.- A-roll call was taken with Mike Bennett, Gloria McRory and-Jerry Davis present. Councilmembers Garton, Reynolds and Stovall were absent. Also present were Town Attorney John Dunn,'Town Manager Bill James, Director of Municipal Services Larry Brooks, Director of Engineering Norm Wood, Fire Chief Charlie Moore, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed the Citizen input portion of the agenda. Second r-eading•-of Ordinance No. 90-3, Series of 1990, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. This ordinance was in regard to a lease purchase of a Fire Rescue Truck for the Fire Department. Councilman Bennett moved approval of Ordinance No. 90=3, Series of 1990'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, and offered the-ordinance to the Council for discussion. There being no discussion the Mayor entertained a roll call. Those Councilmembers voting aye were: Mike Bennett, Gloria McRory and Jerry Davis. There were no nay votes. The motion was unanimously carried. • s First reading of Ordinance No. 90-4, Series of 1990, AN ORDINANCE FOR THE TOWN OF AVON, COLORADO, AMENDING CHAPTER 12.08 OF THE AVON MUNICIPAL CODE RELATING TO LOCAL IMPROVEMENTS; ADDING THE DEFINITIONS OF "UTILITY LINE PROJECT" AND "UTILITY" TO THE MUNICIPAL CODE; AND AMENDING CHAPTER 12.08 TO AUTHORIZE THE TOWN TO CONSTRUCT UTILITY LINE PROJECTS AS LOCAL IMPROVEMENTS AND TO PERMIT THE TOWN TO ISSUE REGISTERED BONDS. This ordinance was in regard to possibly installing natural gas lines and cable lines into the Wildridge area. Before that could be done, Council had to consider a Special Improvements District for that area. According to the schedule, this could be completed this summer. The cost of the cable would be approximately $125,000. After some discussion, Councilwoman McRory moved approval of Ordinance No. 90-4, Series of 1990 on first reading. The motion was seconded by Councilman Davis. The Mayor entertained a roll call. Those Councilmembers voting aye were Mike Bennett, Gloria McRory and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 90-15, Series of 1990, A RESOLUTION EXPRESSING APPRRCIATION FOR THE'SERVICES OF THOSE CITIZENS WHO HAVE SERVED AS JUD- GES--AND CLERKS AT THE TOWN OF AVON SPECIAL CHARTER AMENDMENTS ELECTION ON MAY 15, 1990, AND AUTHORIZING PAYMENT FOR THEIR SERVICES. Councilman Bennett moved approval of Resolution No. 90-15, Series of 1990. The motion was seconded by Councilwoman McRory and was unanimously carried. Resolution No. 90-16, Series of 1990,A RESOLUTION APPROVING A SKETCH PLAN FOR THE WILDRIDGE ACRES SUBDIVISION, A RELPAT AND RESUBDIVISION OF LOTS 13,14, and 15, Block 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. Jim Curnutte stated that Lots 13,14, and 15, Block 2, Wildridge Sub- division, are currently approved for 4,6, and 2 units respectively. The applicant(Robert Kedrowski)is proposing to re-subdivide these three multi-family lots into 12 single family lots. There is a question of whether the roads would be private roads and privately maintained. The sketch plan for the Wildridge Acres Subdivision have been reviewed by Town staff and the Planning and Zoning Commission and found it to be in general conformance with Town regulations. Appropriate fees have been paid and the required notices of Public Hearing have been mailed and posted. -2- The Planning and Zoning Commission recommended approval subject to the following conditions: 1. The application for'an SPA Amendment/Zone Change should accompany the submittal of the Preliminary Plan. 2. New letters must be provided by the owners of Lots 13,14, and 15 specifically authorizing Mr. Kedrowski to make Preliminary Plan application and change the zoning of these lots. 13. The Preliminary Plan submittal must include a development guide.; which will bel_,-used by the Town's Design Review Board to ensure that all structures within this development are compatible with one another and are in harmony with the natural environment. 4. The Preliminary Plan submittal must include a copy of the proposed covenants for this subdivision as well as a copy of the proposed` documents for creating a Homeowner's Association. 5. Lots 15-B and 15-C should be amended to-provide a minimum lot frontage width of no less than 25 feet. 6. No sales of raw(undeveloped)land shall be.allowed. Mr. Mark Donaldson, architect for the project reviewed the proposed project with the Council. After some discussion, Councilman Davis moved approval of Resolution No. 90-16, Series'of 1990. 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 entertained a vote on the motion. The motion was unanimously carried. Next on the agenda was an update report on the Nottingham Beach. Larry Brooks-stated that the first of next week the sand should be completed and in place. The temporary road to the beach would be removed and they would begin placing sod and planting trees in that area. There was no action taken. Councilman Davis complimented Mr.-Brooks and his crew for a fine job on the completion of the Beach. Valerie Smith Public,Relations Person for the Town, stated that there would be a Beach Party on June 23, 1990. There would be'free gifts for the children. The party would begin at 11:00 a.m. to 1:00 p.m. at the Beach. There, would be a live band playing,duringg that time. The party would cost.the'Town approximately $600. -3- Greg Kraft updated the Council on his abandonded foundation which was located in Wildridge. He stated that engineers have throughly inspected the foundation and found it was solid and buildable. He has been pre-qualifying contractors in regard to building the project. The plans and specs have been sent out for bid, and was expected to have those bids back in the next four weeks. He stated it was their intent to build just on the existing building foundation which was started three years ago, which consisted of four condominiums, two of those were pre-sold and he has a Reservation Agreement for those two. He stated those would be brought to contract within the next week to two weeks. Mr. Kraft stated that he was working with a lender out of the valley on construction financing, which was the same lender that the lot was originally purchased from four years ago. He stated that they are trying to get FHA approval for the project to provide the permanent financing. He stated that it was delayed due to the fact that they'-signed a new law into effect on September 9, 1989 of last year, which significally affected applications for FHA approval, but every- thing seemed to be back on track; and he expected FHA appraisers to be out during the month of June. He had hoped to get everything wrapped up by July so they could start construction by August of this year. He stated that have no intent to build the second phase of that project at this"time, unless demands warrant it. He stated that they hope to have this project completed by Thanksgiving. He stated that when the construction begins, they would distribute the dirt mounds around to grade properly which would be by the requirements of the building department. Jack Hunn, resident of Wildridge approached the Council. Mr. Hunn..stated that he was concerned about the status of the foundation. He'stated it was encouraging that the project-may be completed this year, but this statement had been made before. He suggested that a time limit be placed on this project, that if it does not go forward this year, then other action would be taken. He stated that it was an eye- sore to the area, a safety hazard, and he questioned whether the property owner had the necessary liability insurance to protect people who live around-thiss project in case they were injured on this property. He also stated that the permit had expired due to in-activity.of this project, and so has the Planning and Zoning Commission approval. He urged the Council to force the applicant to*send it back through the process for re-evaluation. He felt the project would not be marketable the' way it was currently designed. Rick Pylman stated,that he,agreed with Mr. Hunn that the project should go back to Planning and Zoning for re-evaluation. Councilman Davis stated that he did not have a problem of having some time frame on this project, but was a concern that if the project does not get started within a reasonable time, that he would recommend that Council look at a reasonable time frame to the point of having some evidence of construction, and approval by the Planning and Zoning Commission. -4- • • Mr. Kraft stated that in respect to the building permit and the Planning and Zoning Commission approval, it was true that they have expired, but he would raise questions of that issue because they fall under the same pattern as the Peregrine Project. He asked that the Council not address that matter because he would come back and raise questions. He stated that the foundation had been setting idol because of partnership problems and not because of the marketable issue. Councilman Davis moved to set a date of no later than September 1, 1990 to see beginning of construction of this particular project on this foundation with the proper approvals and financing. otherwise, the foundation needed to be bulldozed or domolished by December 1, 1990. The motion died due to a lack of a second. Mr. Dunn stated it would be proper to direct staff to take appropriate action under the Town's ordinances. Mr. Pylman stated that staff did issue a Notice of Violation of Building Abandonment which was done the 11th of August, 1989. Councilman Bennett did not disagree with the concern of Mr. Hunn, but stated that there were other similar projects around Town that should be given the same treatment. Mr. Kraft stated that he would certainly make a commitment that he would stay in close contact with the building department on his progress of the project. Councilman Bennett moved to extend the time to show progess until September 1, 1990, or otherwise appropriate action would be taken. The motion was seconded by Councilman Davis. Councilwoman McRory suggested that a survey be taken of the Town to include all the uncompleted foundations. If the Council acts on one they should act on all of them. Councilman Davis stated that not only uncompleted foundations should be looked at, but also abandoned cars and junk piles of trash. He suggested that the Council tour the Town and to possibly take some action on this matter. The Council agreed. Next on the agenda was discussion and approval of the Community Development office Eauipment. Mr. James stated.that the modular work station have been evaluated, movable partition wall systems, and standard office furniture which would be most cost effective and flexible arrangement possible for that department. By using standard office furniture and a movable wall system it could provide a good working environment, a professional appearance, and allow future flexibility in office arrangements. -5- 9 0 He stated that there was.currently $9,950 remaining unspent of the funds budgeted in 1989 for the second floor remodel. He stated that this could easily accomplish the goals with the existing budget'. He recommended authorization to proceed with purchase of Eastman furniture at $2,875, construction of a reception/computer station at $2,100, and purchase of movable acoustical wall panels at approximately $3,250.00. Councilman Davis moved to authorize the expenditure up to $10,000 for Community Development Office furniture. The motion was seconded by Councilwoman McRory and was unanimously carried. Next.on the agenda was discussion of the Berry Creek 5th Filing. Mr. James stated that the Town had received a request from the Eagle-Vail Metropolitan District asking that the Avon Town Council meet with. the various districts to discuss the possible need to go ahead with, the purchase of the Berry Creek Ranch Site. They were proposing that that meeting be set up possibly in mid-June. The Council agreed.(See memorandum attached to these minutes). Next on the agenda was discussion in regard to Peter Jamar's proposal.. '-Mr. James stated this would.be a follow-up of the Master Plan. Mr. Jamar would work on the Zoning Code and Design Guidelines to bring them up to compliance. Council discussed the tentative schedule of this work. The fee estimate was requested to be $16,500 plus reimbursable expenses estimated at $250.00. Councilman Davis moved to authorize the expenditure of up to $17,000 for Peter Jamar and Associates to conduct an analysis of the existing Zoning and Design Review Regulations. The motion was seconded by Councilwoman McRory andwas unanimously-carried. ,Next on the agenda was discussion on the Pedestrian Crossing Structure to the D&RGW Railroad. Mr. James stated that the Town had received a proposal from Centennial Engineering, Inc. to look at three potential locations in respect to constructing a pedestrian crossing structure at the D&RGW rairoad tracks. They would provide professional engineering service study at the sum of $6,500. -6- Councilwoman McRory moved to authorize the expenditure of $6,500 for Centennial Engineering to do the pedestrian crossing study. The motion was seconded by Councilman Davis and was unanimously carried. Councilman Davis asked of what actual study was done or needed to do a separated crossing at West Beaver Creek Boulevard, and asked if any study was ever done at that site. Mr. James stated that they would go ahead with the overall"-traffic. study and in the final documents, include that site in the study. Councilman Davis so moved. The motion was seconded by Councilwoman McRory and was unanimously carried. The acquisition of Forest Service Land was next discussed. Mr. James stated that for the past two years the Town has attempted to acquire Forest Service Land for Municipal Services. One site was adjacent to Metcalf Road and the other site was west of Beaver Creek Point in Wildridge. One May 1, 1990, a meeting was held with- Bill Wood of the Forest Division to revisit the status of purchasing such parcels through the "Townsite Act". This process could take up to 1 1/2 years. Mr. James suggested that the Town hire Tom-Glass with Western Land Exchange to study the areas to see if it would be feasible to proceed to acquire this land. Discussion followed. Councilman Davis moved to authorize $5,000 for Western Land Exchange to study the Forest.Service Land areas. The motion was seconded by Councilwoman McRory and and was unanimously carried. The, Council changed the time of the Special Council Meeting scheduled for June 1, 1990 from*12:00 noon to 4:00 p.m. The Financial Matters were next presented to the Council. Councilwoman McRory moved approval of the General Fund of Accounts Payable for May 25, 1990. The motion was seconded by Councilman Bennett and was unanimously carried. -7- Councilwoman.McRory moved approval of the Reconcilation Sheet of Accounts Payable for May 25, 1990. The motion was seconded by Councilman Bennett and was unanimously carried. Councilwoman McRory moved approval of the May 8, 1990 Council Meeting Minutes as presented. The motion was seconded by Councilman Davis and was unanimously carried. The Mayor stated that some of the dumpsters around the Town are in need of'repair and suggested that the Building Offical look into this, as well as, the abandonded cars around Town. Mr. James opened the Meeting for public hearing in respect to the Tafre hearing which was in respect to the Exempt Bond Issue for the Eagle Bend Project. There being no one wishing to be heard, the public hearing was closed. There being no further business to come before the Council, Councilwoman McRory moved to-adjourn into executive session.to discuss the.STOLport purchase. The motion was seconded.-by Councilman Davis. The meeting was adjourned by Mayor Nottingham at 1:30 p.m. The Council then retired into executive session. -8- )Ie-von matroPolrh %saroc Box 5660/Avon, Colorado 81620 May 8, 1990 TO: EAGLE-VAIL HOMEOWNERS ASSN. TOWN OF VAIL TOWN COUNCIL TOWN OF AVON TOWN COUNCIL - BEAVER CREEK METRO DISTRICT HOMESTEAD HOMEOWNERS ASSN. RE: BERRY CREEK RANCH SITE. 0 EDWARDS METRO DISTRICT BERRY CREEK METRO DISTRICT ARROWHEAD METRO DISTRICT LAKE CREEK HOMEOWNERS ASSN. VAIL METRO/REC DISTRICT The Board of Directors of the Eagle-Vail Metropolitan District would like to propose that as many members as possible of the aforementioned entities meet at a mutually agreed upon time and date in the Avon Town Council Chambers to discuss the future of the Berry Creek Ranch site. We would like the meeting to focus on whether or not the Berry Creek Ranch site is an important recreation open space site for the future of Upper Eagle Valley residents and, if there is a clear concensus among the above groups that the Berry Creek site is important for long-term public use, to then determine the best method for buying the land only, at this time. In totalling the votes from the voting from the Vail to Edwards Vail Eagle-Vail Edwards Avon TOTAL PERCENT - % recently held county-wide recreation election, the precincts stacked up this way: AGAINST FOR TOTAL 407 343 750 112 116 228 139 111 250 129 164 293 787 734 1521 51.7 48.3 100.0 It is our belief that the majority of voters in these precincts, although voting against the last issue, were not necessarily voting against the purchase of the Berry Creek Ranch site for open space and a future recreation site. The last issue was complex and contained an annual tax levy of $45 per $100,000 of residential value. For instance, if we could structure an issue among the aforementioned entities to purchase the Berry Creek Ranch site only, and currently not develop it, a ten-year debt instrument could be used and would cost residential property owners approximately $9.41 per year per $100,000 of residential value for 10 years. We feel there are public alternatives for this land and we propose a mid-June meeting to discuss these alternatives. If your board favors such a meeting, please respond in writing to the above address by June 1st and we will proceed to organize it. M st r e lly, H ward.Gardner, Pres. Loren Kern, Dir. Dennis Gelvin, Sec/Treas. Roger LaCroix, Dir. Charles Wick, Director