TC Minutes 10-26-19939
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 26, 1993 - 7:30 P.M.
The regular meeting of the Avon 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 Albert J. Reynolds at
7:37PM. A roll call was taken with Councilors Jack Fawcett, Tom
Hines, Jim Roof, and Judy Yoder present. Councilors John Hazard
and Celeste C. Nottingham were absent. Also present were Town
Manager Bill James, Town Attorney John Dunn, Director of Community
Development Steve Amsbaugh, Town Engineer Norm Wood, Director of
Municipal Services Larry Brooks, Transportation Director Harry
Taylor, Fire Chief Charlie Moore, Police Chief Art Dalton, Town
Clerk Patty Neyhart, as well as members of the press and public.
First item on the Agenda under Citizen Input was a Public Hearing
on the Proposed 1994 Budget.
Mayor Reynolds stated there are copies of the proposed 1994 budget
in the back of the Council Chambers. Mayor Reynolds opened the
meeting for public comment. Hearing no one the Mayor proceeded
with the other agenda items.
Next item under Citizen Input was Home Mail Delivery in Avon.
Mayor Reynolds informed they have withdrawn this from this
evening's agenda. They are seeking more signatures and
information.
Next item added to Citizen Input was Lighting in the Council
Chambers.
Mr. Josh Hall stated three things are wrong with the lights. Mr.
Hall stated the lights directly in front of the Council should be
positioned to use as cross lighting at approximately a 45 degree
angle and the lights off to the side should be installed on the
back wall. Lastly, the lighting should be on a dimmer. Mr. Hall
noted there are three angles of television lighting; key, fill,
and back light. The way the lights are installed, there is no
back lighting. Mr. Hall added if there is a physical reason why
the lights can not be installed in back, then perhaps they could
be pushed back against the back wall. Mr. Hall stated he
requested to be called so that he could be here when the lights
were installed and that did not happen.
Mr. Larry Brooks stated the dimmer switch was missed. This is
solvable with the assistance of an electrician. Mr. Brooks
believes the best way to handle this is for he and Mr. Hall to
come before council and present a united front on how to solve the
problems. Some things are minor and some are major. Mr. Brooks
added we will do our best, we will improve it and we will get the
dimmer switches in.
Resolution No. 93-37, A RESOLUTION APPROVING THE FINAL PLAT FOR A
RESUBDIVISION FOR LOT 6, BLOCK 1, WILDRIDGE SUBDIVISION TOWN OF
AVON, EAGLE COUNTY, COLORADO.
Mr. Steve Amsbaugh stated this is a resubdivision of Lot 6, Block
1, Wildridge into six townhome envelopes and one common tract.
Mr. Amsbaugh displayed graphics on the wall and explained such.
The Planning and Zoning Commission reviewed this proposal on
September 1, 1992 and approved the project. The Building
Department issued the permit. And, this project is currently
nearing completion. Staff recommends approval, subject to
technical corrections as identified by the Staff.
Councilor Fawcett mentioned a letter that the Town sent to First
Tracks Development. Mr. Bill James informed the Town has not
received a response to that letter. Councilor Fawcett thought the
letter related to the use, of some of the projects First Tracks
Development has built in Wildridge, and notified him that his use
is improper. Councilor Fawcett questioned approval of this plat
prior to the Town receiving a response from that letter which was
mailed more than a month ago. Mr. Amsbaugh stated his letter
requested a response within 60 days. And, Mr. Karzen called and
informed he would respond within that time frame. Councilor
Fawcett suggested tabling until we receive his response.
Councilor Roof questioned, by tabling, how would this affect
completion. Mr. Amsbaugh stated the project is under
construction and could be completed. This is an ownership issue
where they are creating townhome parcels or tracts or envelopes
for separate sale. Councilor Roof stated this is basically a
separate issue from what Councilor Fawcett mentioned. Mr.
Amsbaugh stated it is the same developer; it is a different tract
of land.
Councilor Hines questioned the cease and desist order; we gave
them 60 days to respond. Mr. James suggested tabling this
matter, to allow Staff time to retrieve the letter, and discussing
later this evening. Mr. James recalled the letter was on the
basis that the Town determined that was an illegal use of the
property, under the zoning plat that had been approved in
Wildridge. Andf they were supposed to cease and desist subleasing
bedrooms to individuals.
Councilor Roof stated it is more of a paperwork deal than anything
else. You can only have one lease per unit, rather than a lease
per bedroom of each unit. Mr. James stated that is correct.
Councilor Roof added then it really doesn't affect who lives there
as much as it does the paperwork involved in that project. Mr.
James stated that is correct.
Councilor Hines motioned to table Resolution No. 93-37 until next
Council meeting. Councilor Fawcett seconded the motion. The
motion carried with Councilor Roof opposing.
Resolution No. 93-38, A RESOLUTION APPROVING THE FINAL PLAT FOR A
DUPLEX RESUBDIVISION FOR LOT 18, BLOCK 1, FILING 1, EAGLEBEND
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Mr. Amsbaugh stated this is a final plat of a duplex subdivision.
Maps were displayed on the wall and explained. The Planning and
Zoning Commission reviewed this project on September 15, 1992.
This project is nearing completion.
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Staff recommends approval, subject to technical corrections
identified by Staff.
Councilor Hines motioned to approve•Resolution No. 93-38, Series
of 1993 with the completion of technical corrections as identified
by the Town Engineer. Councilor Roof seconded the motion and the
motion carried unanimously.
First item under Unfinished Business was the Public Works Facility
/ Lease Agreement.
Mr. James stated the lease agreement has been reviewed by the
Staff and Attorney Dunn and is brought before Council for any
suggestions. Mr. James noted the Town has to go through the
County's process to get approval to be able to use the facility
for Avon's public works'and bus operations. The County's planning
review takes approximately 45-60 days. During the County's-
planning'process, the Town will clean up the property and
basically-get ready.to move in. To get the property in working
order, it is estimated to cost $50,000; $33,000 for paving and
$17,000 towards building improvements. These costs will Be split
somehow; a cost sharing formula between the Towns Beaver Creek,
and the County to be able•to move into the facility since it.will
be servicing all three. This is part of an overall agreement the
Town has with EDM Limited Liability Company that owns the Stolport
property. This lease is part of an umbrella agreement. That
umbrella agreement includes the Town having the capability of
purchasing 15 acres for $1.5 million assuming the November
election,passes and assuming the property,'is annexed into the
Town..
Councilor Fawcett voiced concern of termination arrangement of six
months by either party and questioned if we should spend $50,000
for improvements witYi asix month -lease.
Councilor Fawcett questioned taxes due and owing. Mr. James
stated the Town should be able to get a,tax exemption from the
~Cou lty' for property-taxes on the, property leased from the
,landowner.
Discussions focused on six month lease and perhaps negotiating for
longer length of lease. If required to vacate on six month notice
alternative sites and ideas were discussed. Critical concern was
cinder storage. Also discussed was to pro rate improvement costs,
should the lease be terminated.
Council directed Mr. James to negotiate term of lease of one year
notice, a recovery of improvements cost (a third, and a third, and
a third for three years), and cause for termination. Mr. James
stated this will be brought back to Council at next meeting.
First item under New Business was the Amendment to the Mountain
Star Subdivision Agreement.
Mr. James stated Mountain Star has'had substantial progress on
all the infrastructure improvements. They have reached a level of
substituting the security. The original security, under the
original subdivision improvements agreement, was lots. What is
being proposed is to substitute the lots with either escrow funds
or a letter of-credit of $1.1 million.
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This will free the lots, allowing them to be sold, and still
leaves the Town sufficient funds to complete paving costs of Buck
Creek.
Mr. Jen Wright stated Mountain Star is quickly closing in on
completing most of the improvements with the exception of paving
and some landscaping scheduled for this coming summer. The bulk
of the infrastructure will be completed in the next thirty days.
The $1.1 million essentially covers all the costs that are left to
complete this coming year. And, if we defaulted or are not in
business this coming year, the Town would have enough money to
finish the roads and so forth. This amendment is acceptable to
Mountain Star.
Councilor Hines motioned to authorize the Mayor to execute the
supplement to amended and restated subdivision improvements
agreement between the Town of Avon and Mountain Star Limited
Liability Company. Councilor Roof seconded the motion and the
motion carried unanimously.
Next was the Mayor's Report.
Mayor Reynolds informed the Vail Valley Hospital is having a
meeting at the Eagle-Vail Pavilion on November 10th at 7:30am to
discuss how Vail Valley Hospital may provide better service.
Everyone is welcome.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #3 and
approve items #4 through #5. The motion was seconded by Councilor
Fawcett and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Fawcett motioned approval of the October 12, 1993
Regular Council Meeting Minutes as presented. Councilor Roof
seconded the motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Yoder. The meeting
was adjourned by Mayor Reynolds at 8:20pm.
RESPECTFULLY SUBMITTED:
Patty Neyh rt, Jown Clerk
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