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TC Minutes 08-22-19950 • MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 22, 1995 - 7:30 P.M. A 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 Reynolds at 7:32PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Councilor Jack Fawcett was absent. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Recreation Meryl Jacobs, Director of Community Development Mike Matzko, and Town Planner Karen Griffith, as well as members of the press and public. Avon Village Annexation Presentation and Public Input Town Manager Bill James informed there are four matters before Council this evening. The purpose of tonight's meeting is to get these matters before-Council and the public. The initial application was received April 14, 1995. Since that time, there have been 25 meetings, with only 3 in executive session for negotiations. There is still quite a bit of work to do to finalize the items before Council this evening. Council is still negotiating, with the landowner,. the- annexation' agreement and zoning. Council is asked 'to refer the .zoning-,ordinance to P & Z so that they may hold another public hearing on September 5th. These matters will then come back to-the Council on September 12th for another public hearing.-, We are trying to get as much as possible in final-form. There will be an election oil November 7, 1995 and there is an ordinance tonight that will certify the election questions regarding the sharing of revenue. Town Manager James stated the applicant will give,a presentation this evening, followed by the town's presentation, then public comment. After public comment is received, Council needs to act on the matters before them this evening. Mr. Peter Jamar, representing the applicant, introduced Mr. Bill Post, representing the owner; Arnie Ullevig, traffic and transportation consultant; Rick Thompson, wildlife biologist; and Tom Braun, planner. Mr. Jamar gave an overview of the project by presenting a slide show. The Avon Village is an 1,800 acre parcel with .176 acres on the south side of I-70 and 1,614 on the north side of I-70. Mr. Rick Thompson, wildlife biologist with Western Eco Systems, noted he has been working on wildlife studies in the valley since 1977. Mr. Thompson stated, with the exception of the deer and elk migration, there are no wildlife issues associated with the Avon Village property, that aren't part of any other large subdivision in this area. Mr. Thompson noted there are several hundred deer that pass through the property, at least twice a year. Mr. Thompson had the task of determining the wildlife routes through the property. The width of the wildlife corridors was discussed. The major corridor needs to be defined and preserved. There was.a bottle neck in that corridor that was around 6001. Lots will be arranged or off-set. Building envelopes in that area will vary between 840' and 9001. Winter range was discussed. Mr. Thompson stated he is unaware of any Division of Wildlife (DOW) mapping that maps any property on Avon Village as more than just winter range. There is a small pocket of severe winter range further to the west, in the Buck Creek area. But, there is no mapped severe winter range on Avon Village. Mr. Thompson stated currently Avon Village'is-,private property. There is very little hunting.pressure on Avon Village. As the elk population tends to increase, and if there is an .increase in hunting pressure, there is going to be more elk coming down-onto Avon Village than what they are right now. To a certain extent, there is going to be "x" number,of acres of present winter range on Avon Village that is going to be developed in the form of homes, roads, etc. We are now in the conceptual discussion stage with the DOW to off-set those winter range losses. Mr. Jamar mentioned that Mr. Bill Andree will be at the next meeting. Mr. Andree should be able to describe the conclusion of the meetings, with the property representatives, on the deer migration corridor. Mr. Arnie Ullevig, transportation and-traffic consultant, discussed the traffic impacts and transportation plan of the project. Mr. Ullevig compared the transporation master plan to the Avon Village proposal. Th basic trip demand of Avon Village is very similar to what is he transporation master plan. The transporation plan allowed for approximately 5,300 vehicle trips in the peak design hour. Avon Village, at build out, generates approximately 5,200•trips in the peak design hour. The roadway requirements were next compared. The two key roadway or access improvements required to serve the kinds of development being looked at in the sketch plan are; 1.) a new access to Highway 6 - a new crossing of the railroad tracks and the river and, 2.) and a new interchange with I-70. The question remains, what are the phasing requirements? How to phase between now and build out? Mr. Ullevig discussed phasing scenarios. Upgrades to the existing road systems in Avon provide,a relatively small increase in capacity, such that probably up to 20% of the sketch plan could be built out under those improvements. The other 80%, plus or minus, requires the access connection to U.S. 6 and-the I-70 interchange. If and when a new access is provided to U.S. 6, fully signalized with auxiliary turn-lanes and all those kinds of- improvement-bridge over the,railroad track-bridge over the river, then up to approximately 70t, plus or minus, of the sketch plan-, could be accommodated with that kind of improvement. .That includes internal connections, extension of East Beaver Creek Blvd., etc. The real key is the intersection itself, at U.S. 6. Then, at that level, from about 7001 on up, the next increment of improvement identified has been a new interchange at I-70. That really provides a whole system level of capacity. It allows the sketch plan to fully develop, but it also provides other kinds of improvements to the system in Avon. For example, it will have a tendency to divert traffic from Avon Road. So, it is hard to calculate a percent increase relative.to development, but we estimate that approximately 1,500 vehicle trips per hour would be available to the general system, as well as accommodating 100°s of the build out - but, only with the interchange at I-70 completed. Mr. Ullevig suggested the development be monitored consistent with the improvements so, that at certain levels, each increment of roadway, capacity improvement, would be initiated. Town Manager James introduced Town Attorney John Dunn; Special Counsel Dick Scheurer; Bond and Amendment #1 Counsel Dee Wisor; Transportation-Master:Plan updater Ben Herman; Traffic impact advisor Rick,Endsdorf; Business Development Advisor Arnie Ray, and Financial Consultant Stan Bernstein. Town Attorney John,Dunn discussed the annexing ordinance. This is only the-first reading,bf the ordinance'annexing the Avon Village property to the Town. An ordinance before the town is heard on first and second reading. If adopted this, evening, upon first-readirig,°it will'be scheduled for second,reading and public hearing: At this -time, th_e •Courici,l'is -looking .at -this ordinance preliminarily. There are certain contingencies that must be satisfied before the property is actually annexed to the Town. 2 0 • Community Development Director Mike-Matzko discussed the zoning ordinance. Mr. Matzko stated this zoning ordinance is on first reading. This ordinance would adopt.a planned unit development. This will designate the uses, density, and so forth that this property would be allowed to be developed with, subsequent to annexation. All of the Town's master plans refer to this particular annexation and some form of development of this land. This ordinance will hopefully be referred to the P & Z for another public hearing on September 5th. For any specific questions, Mr. Matzko referred those questions to Town Planner Karen Griffith who has been taking a lead role in the annexation process. Town Attorney Dunn discussed the resolution certifying the election ballot. A requirement of Amendment #1 is that the Town not enter into any multi fiscal year obligations without having an election. An election, to consider an issue of this sort, may only be held at the regular election in November. The resolution before the Council would submit two matters to the voters. The first proposal would be to "De-Bruce" the revenues coming from the additional taxes created by this development. The second proposal would be to permit the payment, to the special district, for the property, of 2516 of the sales tax revenues generated by the development, for a period of twenty years, for the reimbursement of public roads within the development. This is the last meeting that Council may consider certification of the ballot, before'the deadline,-to certify to the County Clerk and Recorder. It is the`,.schedule of the election that:is driving the schedule for consideration of the project, at this point. The ballot questions may be_withdrawn for a period of an additional thirty days or-by September.22nd.- Financial Consultant Stan Bernstein discussed the cost recovery for developers.. Mr. Bernstein surveyed various towns and cities of their reimbursement agreements to developers. Lakewood, Commerce City, and Castle Rock each reimbursed 25k of'sales tax revenue and,Georgetown reimbursed 50k of sales tax revenues. No cities were found to reimburse other incremental revenue sources such as property taxes or other taxes - it is primarily sales taxes. Mr. Arnie Ray stated his real focus has been on valid and viable public improvements for cost recovery based on history in the Town of Avon and in other communities. Which public improvements are appropriate for public fund recovery? The use of public fund recovery is fairly common for large commercial development where there are substantial infrastructure costs. The developer fronts the money and takes the risk-and the town establishes an enhanced tax recovery program. The advantage is that there is no bonding, there is no financial risk to the town. Those funds are typically and specifically earmarked to public improvements, such as transportation, water and-sewer, etc. But, the use of those funds is specifically defined. The formula is fairly common; typically a term of 20-25 years against a defined cap - what the use of the funds are - and typically.a share of sales tax revenues. In most cases it'is 25k of the sales tax revenues. Special Counsel Dick Scheurer discussed the terms and conditions of an annexation agreement. With the scope and size of Avon Village and annexations which particularly are going to occur over a longer period of time, it is customary and is almost always found, that an annexation agreement is utilized by the municipality, as well as the annexor. The municipality_has an opportunity to identify what it sees will be the immediate and long term impacts of the annexation - what demands are going to be made upon public facilities,,as well as municipal services, and to'provide up front, as best they can, to assure those services and those facilities are available when they are needed. The land owner is also making a major commitment in terms of resources, time, and money. 3 i • The annexation agreement is in the process of being negotiated. The term provides for fifty years. That is the time period, we assume is safe, that will encompass all of the phases of development and still be governed by-the agreement. A key issue is the vesting of rights that accrue to the annexor. Rights that will be vested will be those rights which are conferred by the PUD and generally pertains to the use of the property, density, maximum height, bulk of a building, general location of roads and trails. It is the PUD in general. It gives the land owner the certainty that what they are bargaining for right now and what they are planning for in financing will be given to them. And, they can, in fact, develop in accordance with that plan. The agreement also identifies the Town's principal needs; some immediately and some as the development occurs, in order to assure the proper public infrastructure, as well as municipal services necessary to serve the development. Basically, the topics are the I-70 interchange and those terms of construction,, park land dedication, bike paths, trail dedications, road dedications, school land dedications, fire station site, affordable housing, public works and municipal facility sites. The agreement addresses revenue sharing, as discussed previously. The agreement contemplates an election. There is no final agreement - we are still in the negotiation process. Councilor Nottingham reiterated that the 25% of sales tax revenues will go back to pay for development and payment of public streets. Anything that may turn out to bea gated- community, no portion of the 25% of sales tax revenues will pay for that - public streets versus all of the streets. Councilor'Nottingham asked will P & Z determine the sites for public works and the municipal facility? Mr. Scheurer'stated P & Z will have a role but, at this point it is a pretty open issue. Council is involved in that process as well. Councilor Nottingham mentioned the four acre lake and asked, who will determine the locations of the park land? Councilor Nottingham voiced concerned about'the'transportation system and, the I-70 interchange. Mayor Reynolds opened,the meeting for public,input. Mayor Reynolds asked that each individual give their name and place of residency. Also, each citizen will be limited to five minutes. Mr. Dick Dixon, resident of Avon, voiced concern about the traffic - the approach to the project from across the existing bridge going into the batch plant at Nottingham in the Eagle-Vail area. Has anybody talked to the folks in that area to find out what they feel about the impact, the increased traffic? It is our development and we are dumping all this excess traffic overflow into their lap. Mr. Bill Post, representing the owner, stated McGrady Acres, Lots 2, 3; 4, & 5, where "Baby Bob" bridge will come across, has been purchased. Mr. Post informed the church property owners, located across from that property, have been informed. Initial plans are designed so that it will not impinge on the church's property. Jeanette Nottingham, a neighboring property owner, has filed with the County'asking for rezoning of her property because of the-impending change. That leaves Lot 6 and the only effect is perhaps his entrance-way and where the grading will be done. Mr. Dick Dixon stated I guess my question was not understood. It's how the people in Eagle-Vail, not the land owners where the bridge is going to go, but, how those folks feel about the increase in traffic - that was my question. It's not so much where the bridge is going or whose property it's going across,, it is how - all the folks, up in Eagle-Vail, feel about that increased traffic - the multitudes of cars that are going to be in there over the next five, ten, fifteen years, before they get the I-70 interchange - that is my question. 4 Mr. Bill Post stated they did meet, several months ago, with the homeowners association in Eagle-Vail. The'entire'plan was presented. This is'something.like the twenty-fifth meeting. We have not received any feed back at all, particularly from Eagle= Vail, about this one way.or-another - and including not at any of the public meetings.' Ms. Janielle Bryant, resident and worker in the Town of Avon, voiced concern about traffic.` This Beaver Creek Blvd. intersection is,going to ;filter through 5,000 more cars than it is now. -As a resident here, I know,,there is traffic flow problems that already exist here and I am concern that we are not taking the time to look at how this is going to affect our traffic even more. So, I think we need to kind of slow this process down and make sure that we are approaching it and taking care of the traffic flow problems that are here already. And, I- am not opposed to development. I think we need development here. But, we need to stand back and make sure that we are addressing the traffic problems that exist and what this commercial project is going to add. Ms. Sharon Kamen, owner of Mountain Man Fruit and Nut in the Wal- Mart Shopping Center, stated she has a number of concerns and questions. Ms. Kamen stated first from a retail standpoint, are there use restrictions in the PUD such as fast food, bingo parlors, massage parlors, etc.? Are there use restrictions that have already been dealt with? What uses have been approved for retail development and what uses are restricted? Ms. Kamen stated she understood that you can't have a cross access easement through the Wal-Mart Shopping Center and,in order to get to this property, you are going to have to go around. I feel that very significant emphasis needs to go; that there be a cross access agreement developed as part of this PUD, that says that there will be cross access agreement, if the present Wal-Mart Shopping Center does not exist in the form that it presently exists in, and that that be part of the deal. And, the developer of both of those grounds be required to have a cross access agreement that will allow the flow of traffic through the existing Wal-Mart Center onto this property so that all the existing retail that is there now is not isolated from this entire development. While you sit and you look at this development - and I'm not against development either - and I'll make my decision as to whether I belong in the new shopping center or do I belong in the old shopping or do I go to somebody else's shopping center. And, I'll make an informed decision when that-time comes. But, if you do this development and you have no cross access agreement, than an enormous amount of traffic is not going to go past our . shopping center. Couple that with the fact that Wal-Mart may or may not join this new development, you're really leaving your existing retail, which was with you in the very beginning when you didn't have a retail shopping center in all of Avon. And, I think to turn your back on that kind of retail without - I mean,, right now, we are you're sales tax dollars. And, I agree, you need to look at where your future revenue is coming from, so you can build new schools, you can have new roads, and you can have another fire department, you can have a beautiful lake, but we are_the people right now that are generating the sales tax dollars and we are definitely going to suffer from this development if we don't have some kind of cross access agreement that allows that future development to be one big development instead of leaving the Annex and our shopping center sitting there by ourselves when you bring all the rest of the stuff in. And,_if you have an I-70 interchange, and you've got a Route 6 interchange, they will never come down further. They'll go to Beaver Creek, down the main road, and they'll go to this other shopping center or the Wal-Mart shopping center or other things from the back and they won't _come .around us. And,-even if the developer of Wai-Mart Shopping Center is able to replace the existing 50,000 square foot building with some other uses, which is always questionable in this market - 5 0 • I mean, we have a lot of retail out there right now and there are only so many big box users out there and there is not a population - we are not going to have a circuit city. We are not going to have the development that you-spoke about in Lakewood where we don't have a population base that is going to bring those people and those users to our market, for a very long time. It may not even be the development that you want to have those kinds of uses. When you talk about building 900,000 square feet of mixed use retail, you have to understand the market and who is going to fill up.that 900,000 square-feet project. So, you bring in a Safeway, an Albertson's - so then we have City Market, Safeway, and Albertson's - it's great for your tax dollar, but what is it doing to your retail? And, is that what you really want? Is that really going to be the kind of retail that are going to bring the tourists, that are going to make Beaver Creek and Avon the same kind of tourist area, and the world class resort, that everybody is working so hard to develop here. And, I think you-need to really think about that. And, I feel strongly that you need to include in this agreement a cross access agreement that-makes the developer, as part of your PUD, if that ground isn't there, that you include it. It was glossed over somewhat -the little strip of land behind the Wal-Mart Center. Well, my understanding is they're going to tear down the Wal-Mart Shopping Center. They're going to turn it around. They're going to build something else and open that up. Well, maybe these two developers don't like each other. Maybe this developer is not going to give Leo Palmer his cross access agreement. Maybe Leo Palmer is going to build a fence. Those are both of those developers' rights. Unless, you, as a city council, control that, and tell them you must have cross access between the two. And, if it isn't in this agreement, then they'll be fighting about it. It won't happen. Mr. John Railton, resident of Eaglebend Drive, stated he is very interested in the project. I think it, is a-very positive thing. But, there are just two things that I think we ought to clarify. One is that there is a distinction in my mind between private open space and public open space and that distinction, in terms of the percentages, isn't something that I have a good grasp of, because it is a broad number. And, I think that that"is a distinction that we ought to kind of focus on. I think that public open space, in my mind, is open space that you get to use. Whereas, private open space is really space that you get in the city. The other comment I want to make is, I really am ignorant about what is the right density for this. I have thought about it a lot and I suppose when I think of Avon being 2/3 again as big as it now is, that's kind of appalling to me in terms of the traffic that it generates. And, I think that that concern is one that has to do with access to the project and how that's handled. And, I hope we are sort of coming-to-some conclusions about that, that have to do with-not trying to:impact the existing traffic anymore than we- haveAnd," therefore-in my mind,.that means producing an access road right from the very beginning that sort of leads this project being constructed..-But, if we.do come to some resolve about the.density.being,right,, as it is proposed or that it should be less or even more than that, then I think my thoughts are that I'd rather see that density handled by keeping the project. as dense ,as . possible where it is' used and. therefore maximizing"the"amount of public open "space'to the greatest degree. I"'see that as being the best"-kind of town that"we can have in terms of it being compact and not scattered. I think that puts some pressure upon the way in which it's developed - get as much car parking under ground. If I have a visual image of this thing, I sort of see trying to group together and force the building,to be as tight as possible to the point of making that viable and pedestrian and lively and very intergrated in-a- very urban manner. And, as a result of that, trying to maximize the amount of public open space we'd have. And, that is just the comment I'd like to make about that. 6 0 • I also would like to know, if in fact there is a number right now that gives us the percentages of the public open space as distinct from the private open space. Mr. Peter Jamar agreed that it should be very tightly compacted and urban, in the urban parts of the project. Open space, the total is - out of the total acreage, 1,790, of privately owned land - 1,347'acres are open space or a total of 75.21k of the total land area and 484 acres Are common open space or public open space. 865 acres are private open space. That is primarily made up of open space on privately owned lots. I know that Bill Andre is very strongly,,supportive that we-restrict those areas that we have,put into private--open space,'because much of that is to be preserved in its natural open space for wildlife habitat. And, very strongly restrict it, in terms of,periods of use and different times of the year,. and what',can,or.can't happen in those areas.' 64°sis privately designated open space and 35.90 would be commonly owned. Again, it is a total of 75k of the total land area that would be undeveloped. Mr. Robert Doyle', resident of Eagle-Vail', .'stat'ed I have been canvassing the neighborhood with my good neighbor from Mountain Nut. I agree with a lot of things that she has said. From my canvassing of the neighborhood, I've collected a thought that as business owners or residents of the Town of Avon or neighboring Eagle-Vail, we have some serious concerns regarding the proposed Avon Village development, including the speed which the plans for this development seem to be moving, access for the development, talk of an I-70 interchange. The fact that a new development is not linked with the existing Avon and'most importantly, the spector of this development will double the size of Avon. It is our position that a number of these problems need to be addressed.- -I think a lot of these concerns are being addressed tonight. As a.group, however, we want to emphasize that we are in favor - and when I say a group, I am speaking for probably 7 or 8 residents that I talked to, some from Eagle-Vail and some from Avon and probably 10 or 11 business owners in my neighborhood of Bob's Place. Our goal is to become part of this solution, work with the Town of Avon and helping with your input sessions, and the developers as partners in ensuring that the plans for the Avon Village do not negatively impact the existing, businesses in Avon or the quality of life of the existing residents of Eagle-Vail and Avon as they are now. I have some concerns and I think our biggest concern was also kind of sluffed over in the beginning of this meeting, when we speak about that little sliver of land, that little triangle piece of land-behind Wal-Mart and my place, Bob's Place right now. I agree., I don't see how this project can go forward without some sort of common access that is going to be incorporated in this plan that will involve that existing piece of land, simply because when Peter mentioned earlier tonight that there will be three access points in here, it seems silly that there aren't four. And, the fourth access point is our biggest concern. The fourth access point is the one where your existing businesses are now - your existing sales tax revenue base is now. And, we don't want to become either a ghost town or we don't want to become isolated from this new village. And, we would like to see something - some sort of coherent plan - some sort of forced mechanism that would make the developers sit down, talk this thing out, somewhere working with the town council where there is a triggering mechanism that this is all incorporated in one great plan together. I also feel that if these things can be worked out, I don't think you should even let a surveyor - which obviously they have been on there - I say that tongue and cheek - that you should even let anybody on this property without a separated grade crossing up in Mobile Pre-Mix site that we are going to call "Little Bob". 7 0 • And, I think another access point should be equally - I envision this Little Bob to be a real good access point, but I think that one at City Market should have to be a very good access point and then I think this sliver of land that we are talking about should also have a good access point. Other than that we are just going to have a major, major traffic problem and we are going to - it's just going to be a nightmare to get this thing built. And, it doesn't have to be that way. This can be built as a quality project - it can be built and every thing can be tied together. But, I think the traffic problem has to be solved and settled right now. And, Peter has mentioned earlier tonight, or something from his group, that, you know, you are talking about a 20% build-out - then we're going to do this, and then we're going to do that. You know, numbers can fly around real easily. If I looked at his slides correctly, if you talk about 20% build out you saw 17% retail and 3t public roads. That is an awful lot of building to be done. That is basically the heart of your project. That is the majority of your project. That 20s build- out ,can also be turned around and looked at from somebody else like my point of view, like that is 90% of your project. And, I think there should be some guidelines like what is the 20°s build- out - is it 20% of the big homes going to be built up in the hill? Is it going to be 20% - is it going to be all your retail? And, how is it going to be done? I think that we mentioned earlier tonight that you are going to have public lands and public parks inside of here - where are they going to be located? Are we going to have any input - are they going to stick them over inside the hill or are they going to put them along the river? And, who is going to have the input and where are they going to be located? Are we going to put an X on the map right now where this lake is being shown? - and that's the lake? Or, is the lake going to be moved later? I think this I-70 interchange that we're talking about will probably happen. It will probably be a good thing. But, none of us understand the trigger mechanism of it. This could be explained to us. But, it seems that - to me it seems that it is going to take five years to even get the federal government to commit to say they are going to do it. That's something I don't know - you can explain to me, because you are talking about a federal highway, not just a county road and I don't know how long a process like that takes. So, what if they say OK, at 70% build-out we are going to build the I-70 and then they go apply for a permit and the federal government says OK eleven more years, you can have your road? Those are the concerns - we don't know if they are true or not - but those are our concerns. I personally have a concern as an Eagle-Vail-resident-and'Mr. Post here made a very good point if he was speaking-correctly and I believe he.was.= that he went to the Eagle-Vail homeowners association and hasn't gotten any feed back. I.-went to two people on the board and I asked them if anyone was going to come,to this meeting and speak for us. But, I am a resident'of Eagle-Vail and I don't know what this road is going to do to the quality of my life as a resident of Eagle- Vail. My~house ib about 1/2 mile away from-this-Little-Bob that they are going-to'be building. And, the question there would be - I first of.all believe that"-you shouldn't event start.this project until Little Bob is built and then this one traffic engineer could tell me - is there going to be a streetlight there? And, if there isn't going to be a streetlight, there is no'mechanism to say if we all decide that there should be a streetlight, but there is no mechanism to get a streetlight - I mean, we-have all kinds of bicycle traffic that goes through there now, before the bicycle path ever gets built. These are problems that I think just need to be addressed. I feel by walking through the community that a lot of people are saying, well slow it down, slow it down - that sort of thing. What they really mean is-like, whoa, this is a huge project and it really is hitting us. You say we are going to build a new library - everybody goes wow - that's one thing. But, you are building a whole new city. 8 And, that is why peoples' concern is all of a sudden coming in late and their input is coming in late cause they are just starting to catch on - like a million square feet - how big'is that - I said to my wife, how big is a million square feet - she said, well, I'm not really sure - I said well it's bigger than all that's in Avon right now. It took them 17 years:to build what's in Avon right now and now in some period of a few years they want to double the size. So, now that is why you are getting late input into this thing. Now, I personally am one to apologize for coming in so late, but it's like whoa, wait a minute - you are going to build all this over there - and two weeks, last week even - not even two weeks ago, you,like well, we are going to do this and we are going to go right behind City Market. And, you think like, whoa,,how are you going to do that - go behind City Market and get this two streetlights out here at 5 o'clock in the afternoon - we can't get out now - and we'll dump everything over into Eagle-Vail. Those are our concerns. our biggest concern, I want to reiterate, I don't think anything should be done unless you get an agreement between the two developers to get some sort of access so you have a fourth access to this piece of property. I think it will help this project immensely. And, it certainly won't isolate people who have the retail businesses there now. Mr. Guss Nicholson, resident of Minturn and Eagle-County, stated I would like to add my voice to Robert and Sharon and probably some other people who maybe are just beginning to understand the full impact of a town that is about to"double in size. I would just like to add my voice and suggest that you slow down and think about what you are going to do. I think you don't have enough access now and that as the plan is currently presented, the center of gravity of Avon is-,going to shift to the new town and in effect abandon the old town. I think you really need to think about that. I would like'you to know that even though I am not going to have a vote on this,.it effects me because Avon is currently and is about to become the commercial center of Eagle County. As such, it has a wonderful opportunity to be a culture center for the County, it has an opportunity to maintain its pre- eminence as a commercial center and it has an opportunity to be a far more liveable place than it is currently. And, it isn't all that liveable right now. Ms. Patti Dixon, property owner and business owner and previous Planning and Zoning (P & Z) Commissioner, stated she has a question and a concern. I was wondering if it is their intention to continue the architecture in general between the two towns or is it going to be more of a different type of architecture and two difference towns? I was just wondering what the connection might be. I know they plan on improving, but I wonder how different it will be. Mr. Bill Post stated that is a'relatively simply answer. The way the PUD ordinance is now set up, there will be similar design guidelines. And, when I say similar only similar in their-complexity like,what Beaver Creek has done - where everything will be set out in guidelines as to,what is to be approved and not approved. Those guidelines will then come back and have to be approved by the council-as to what is going to be designed there. And, I have to be truthful with you, what I would see is hopefully the following, that it is a little bit better than what-has been,built before,in Avon. And,,I would hope that what is adjoining to it would.somehow be upgraded to match it versus us having to have the same thing that we are backing up against there now. But, the design guidelines of what will happen-there will come back through the council and everyone will have their input as to how it should be developed. Ms. Dixon stated because I was on P & Z, we had issues,of enough parking and I would just.like to reiterate that I'think parking - and parking reduction, I know, has been proposed for this - I would be vehemently-against that and I think underground parking should be thought about. 9 If it is going to be so dense and this is going to be such a quality project, underground parking is more expensive but, I don't think is necessary to have a sea of parking lot. in the commercial areas. So, I think that would be something that we might possibly request the developer to pursue. The other thing is with the - I know with the PUD the process is that they would go ahead and state their particular design review guidelines ahead of time and then the existing P & Z would not be privy to suggestions or be responsible along the way - they would be up front and then after that it wouldn't be - as I understand - I think that is the way that they want to put this through the PUD - is that correct? Mr. Post stated that was the consensus, not only because we requested that but, that was the consensus of dealing with the town. But, we're also in agreement to put in a mechanism that if they are not being enforced, or if they are substantially being ignored or changed then the council can have some input or to come back in and take the code off. Ms. Dixon stated my thought on that is it would be a little bit like the box garden chickens, down the line and I think P & Z because they have experience in doing that, I think that they would be instrumental in holding true whatever caliber-that they set out to do for P & Z.'-, Mr. Leo Palmos, resident of Boulder and owner of Wal-Mart Shopping Center,,,stated he.developed the - shopping center about eight years ago: . And, ; I do want to see -Avon Village happen. I think it is going to be a great project, only if it is done right. I do have a number of concerns. Avon Village is an opportunity; once in a lifetime. Ie is a very unique project which again, if'it'is done right, we, can all-be proud of. Let's proceed slowly so-we can do it'right.- We have-the chance to build a jewel that would set the standard for modern communities, because this is one of the biggest projects - could be one of the. biggest - in the history of Eagle County, let's take our time and make sure that what is existing - people living here and business so-we-can unite the city - the town - and not divide it. Thank you very much. Mr. Michael Barry, resident of Eagle-Vail, stated I agree with - base anyway what Leo talks about in terms of taking time and doing this right. I think it could be a great project, so long as everyone is able to coordinate and make this thing fly whether it's the transportation, the amount of square footage in terms of retail development, whatever it might be, so long as it is done well. But, I had a question. Recently they talked a little about the changing use of the railroad track. I'm just wondering if there is any thought as to how they might incorporate it? If there is going to be a change or if those tracks are abandoned for instance, is there any plan or-potential plan that there might be some light rail or something like that used. Mr. Post stated we'd love to see either of those options (unable to transcribe as Mr. Post continued away from microphone) - it would be the best thing we,think that could happen for the valley and for the town and for our project. Mr. Barry stated I think that is a pretty good point and - but it also means we have to look at this thing in a bigger light and need to take a little bit more time to make sure it's done right. And, things like this might just crop up along the road and I'd hate to exclude things like that just because we've made some hasty decisions. Suddenly, we couldn't go backwards and say we should have done this. So, it kind of goes along with the timing I think. Hearing no other citizens, the Mayor closed the public input session. Councilor Hines questioned traffic and factoring in the new load onto Highway 6 with the new Baby Bob. Mr. Ullevig stated-part of the capacity-analysis is to include the background traffic as well as the site generated traffic and put'-the two together, then size the roadway facilities that are required to accommodate it. 10 0 0 That is why there is a limit on that.-,number.- Even with the U.S. 6 access provided, you can't'do 10016 of the sketch plan numbers. If there is a new access to U.S. 6, and there also was a question - would it be signalized - yes, clearly. If you put in Baby Bob, the bridge, the intersection, auxiliary turn lanes, signalize it, make the connections through the site if ,you- do all of that and you account for existing traffic volumes and growth in existing traffic volumes, you still can not do 100% of,,the sketch plan as proposed. That-was-the calculation•we'did -,is _how much of the proposed development 'could'be developed-accounting for all these factors. That number is like 7011. It does presume that there will be turn lanes'at the intersection acccel-/ decel -lanes all of that as'well::•70%-."is a maximum_ It.is a sliding scale. Our task was kind of. iii reserve because the 'sketch .'plan 'is very general, it is a concept plan. Basically what we were doing was trying to calculate the size of the bucket - how big a bucket do we have here and then existing traffic already builds up some of that bucket and so how much is left over to allow development of Avon Village. And, that said you could get up to about 70% and then your bucket would be full. Councilor Hines questioned the 5200 trips per hour, is that based only on your trip generation per square foot? Mr. Ullevig stated yes. And, a lot of assumptions about housing and commercial - you can have some single family housing, apartments, patio homes - there is a variety of housing types which each have their own trip generation rate. You can have shopping type commercial or office, etc. and they all have different trip generation rates. So, working with Peter we worked out a set of assumptions that we thought were reasonable and calculated a trip generation quantity at build-out. And, that is what the 5200 is - is at build-out. Councilor Benson requested explanation of the level of traffic lights - what-level would this be - would you consider this an A, B, C, D level? Mr. Ullevig stated at build-out, with interchanges, Baby Bob - the separated grade crossing - well there is a level of service that exists at the intersection of Avon Road and East Beaver Creek Blvd. There is another level of service that would exist at'Benchmark and Avon Road. There would be a level of service over at the new interchange - at each of its ramp terminals. And, there would be a level of service-at U.S. 6. So, there are many levels of service. Basically, in our analysis, when we were filling the bucket, we took level service D as a limit and then went on and added more capacity by assuming an interchange and so on. Level of service is measured in average delay per vehicle, in terms of seconds per vehicle on average that wait at an intersection, for example, or that wait at-the end of a ramp terminal.. Typically, in this kind of environment you will be talking about levels of service at intersections. There is a level of service along Highway 6, too, but, typically the constraints are at the intersections. Councilor Hines asked how does a traffic engineer determine what the level of service is on arterial road - talking 6. How do you determine what a service level is? Since, you don't gauge it based upon intersections and basically we can't pre-determine an intersection until we actually put one in there if signalization is done. In your looking at 6 and what your load factor is, what you would be dumping onto it - how do you determine what the existing service level is? Mr. Ullevig stated'by doing it at intersections. That is where the constraint is - that's where the capacity is minimal. Councilor Hines asked if Centennial did a traffic count at 6 and Avon Road and what was the level of service at that intersection? Someone (unable to clearly distinguish voice as answer was away from microphone) responded level C. Councilor Nottingham stated I am concerned about this level of service, too. You talked about when it hit D and whatever. 11 I wonder if you mean that you would realize that there was another need. Are you talking about you're coming from C, which is a faster, higher quality level of service and you don't wait as long. And, so then you hit D, and that kicks in the need for other accesses or do you have to go-through D and hit E to realize when you Mr. Ullevig stated this is analytically done of course on pencil and paper. And,'when we hit D, we stop and say, OK time for a new interchange or you can't add anymore square footage. Mr. Bill Post stated I think your traffic-people, our traffic people are in agreement with the way that they're designing the system. They are both in the C level and trying to keep the system in the C level, which is what your people recommended that we do also. Councilor Hines stated in the annexation agreement, Section 4.3 which dealt with the.I-70 interchange - the language stipulated that at 70% of either/or - so, I'm still trying get a handle on this language. It - said either/or - 70% of residential or 70% of commercial. I am trying to understand why that - is that justifiable? Mr. Post stated he (Mr. Ullevig) hasn't seen that proposal - that came out of the annexation agreement. Mr., Ullevig stated usually I deal with trips. Councilor Carnes stated 70% is the maximum. Some of the duration - it could take at least five years to get an interchange through the state and the federal level, and so on - that at the 70% level, if we waited until that point then we would be at 80t - who knows where we'd be by the time it actually got built - there ought to be some kind of mechanism;.- I don't -know at what percentage, `35, 401' 45 something like ,:that.' Mr:-~ Post stated we have to-stop development; period, if we get to the point. Mr. Post stated we are already in the process. Mr. Ullevig noted the issue is getting the approvals.;,Without belaboring the process, because it is"detailed,'and complex,- you have .to basically get permission from federal highway administration in Washington to get an-access.on the interstate system-That is why,at this point, 'a -lot' of the ;work that is: required., a" systems level feasibility,'study' , a_ project level fees, ability. .study,, and an EA to determine if you need an EIS is very key because that can extend the time very much. EA is an environmental access to determine if there are potential significant impacts that would require an EIS, environmental impact statement to be done. Timing - that is.why a lot of that is being done now - to see if there are any alligators in the pond, if you will, because, that will clearly effect the timing. If all those steps are completed and you finally-get the permission to build,on the interstate, system, then the scheduling is much more secure, much more predictable. Then you can kind of plan in as you say, three to four years, or five years, you can count on cutting the ribbon. Mr. Ullevig stated it could be built, I would guess, in two construction seasons; maybe faster. Councilor Hines stated the 7016 - you basically stated that everything you work with is trip generation. When you get to that 700i, is that,based on your perception of having achieved a service level B within the confines of the property. Is that what predetermines your 70%? Mr. Ullevig stated I think the answer is yes. Councilor Hines stated what I'm getting at is basically, why do we-have to ride it out then, at 70%? Why don't we say that when service levels reach D, if that would be the perimeter, because you may reach D before - I mean we see trends, we see changes - we certainly,want to make everything within both areas as accessible and continuous, to facilitate movement. You know, maybe it's better to put in - I'm just thinking because the 70%-is the kicker for me - I'm trying to find something that may work - that maybe you attach it to the service level instead of a percentage of development with regards to that issue and then if you-hit that service level before you reach 70% then maybe - 12 Because that is the actual trigger, it is not the 70t. There is a projection that says we will reach this service level at 70%-. Mr. Ullevig stated that is exactly correct. We're in the forecasting business and we'reItrying to predict conditions in the future and we are very good at it.- But, it's part science, part art, as Rick will tell you. So, the other alternative as you correctly indicate would be to count volume every - probably annually. Just count volume and measure the widths of lanes. And, each year staff would turn in a report with'a calculation that would say that the level of service at these intersections is, whatever it is. Too many people talking at once. Discussion centered around yearly or probably every five years for counts to measure level of service. Mr. Ullevig stated the advantage is that it is fixed - it is not a moving target - each year you count, because then it might creep up to 85t, as well, or be 50t. Councilor Carnes noted so we have two triggers and which ever happens first. Mr. Ullevig stated that could be an option. But, back to the estimate procedure, there is going to be traffic developed by developing the Stolport. We have never tried to under estimate that number. There is going to be traffic generated. We estimate about 5,200, maybe it's 5,100, maybe it's 5,300 vehicles per hour - that's an estimate, a calculation. And, the real task has been to identify what kind of road network improvements are needed to basically keep up with that number as it grows from zero to 5,200. The existing system has some capacity in it. But, as indicated earlier, in order to do anything in a significant way, the access to U.S. 6 or the access to I-70 or both is what will really open that up for 70-80-90- 100% of the plan. A little bit can be done, 10, 15, 20t, but the real thing is to identify when those accesses occur. Councilor Nottingham stated basically we are looking at an annexation agreement. At this time, we had to have some place to start. Basically whether you say 70% of the developable units or the commercial space has to reach that, than that would kick in - that would be the formula used to kick in the I-70 interchange. And yet, on a practical application level whether the Stolport is ever to be annexed, or not, or if it sits there for another two decades, we all know what we live with right now, with traffic.. And, the part I want to tie it into is the fact that, I don't care how many developable units we give these folks, if we do - or commercial space, square footage, that we give them - we can look around at many other developments in Eagle County and know that perhaps that whatever magical number they were allowed or could have been allowed to develop to be 5,000, 3,000, 1000, - you know units - that many of them don't develop to that point. So, many of them never get to the 70t, 80t, whatever percent you- want to put, which is - that is why the necessity for more of a use formula that you've just been speaking about -I think is much more practical application than this number of units or square footage that has been developed because there is absolutely no time line on that and some of these developments never reach that and therefore we would never have the teeth to kick in the situation. And, that is my point. Mr. Post stated one of the things we talked about in the work session that goes with this - I understand where Arnie is coming from cause we have had this same discussion. The two things that you have to remember that we need out of this is some idea of what it is with standards that we can work with, so we are.not dealing with unknowns. The second one is in determining this thing of trip generations is great, but it depends - are we going to look at trip generations outside of all the other areas if all of a sudden - yea, we've got the'trip generations but we didn't create them - it is because everyone' wants, to. go there and this is what we talked about, Tom, that creates problems for us, because we may not have created those trip generations. We may have moved t_hem.and-it may be that now you're in B level on Avon Road and we hit D level'afnd we have to build an interchange. 13, • • Mr. Post continued, I think that the bottom line of this is - what we need-to do, again, because you are uncomfortable with the 7001 as a fixed, we need to sit down with the other 27 issues that we have, including our engineers and yours, and figure out something that will make us both comfortable, so you are protected then. As we said before, we don't want grid lock in the middle of that any more than you do'. There has to be some system where we have some degree of comfort that it's not that we're building everything ahead of time for something we didn't do. But, we have to be - at the same time you feel comfortable - if we have created a problem there, we have to take care of it. Councilor Nottingham stated our traffic has to ensure, if I could go forward with it, quality of life for this community for all of us. Mr. Post stated we are trying to design,the standards of it exactly the way that your own engineers have said that it should be, and that's-in the class C level. Councilor Benson stated I want to reiterated a couple of things I heard Bob Doyle mention - we seem to make sure a meshing of the two towns - that it is not just two towns, that it is one big- town. We are all one community, we don't have everybody going through behind City Market. I've talked with Leo and the people with him and I'd like to see some kind of a - I don't mean the tearing of building which I hate to see, but I think we need some kind of a point of.access to keep our town as one big happy family. We all mesh together so there are people going to Wal- Mart now and the other be it a furniture store or sporting goods store down the road, that people can go there and Wal-Mart is around the corner. You can drive over there without having to go all the way back around City Market and back down into the proposed annexed area. Mr. Post stated we have absolutely no problem with connecting the two. I do have a problem, in the sense, that it's going to come with all the other issues that we have going, where we have public roads coming in and another one - I don't control any of those properties. I don't control tearing down buildings. If someone wants to do it, we are glad to work with it so it can provide an access and easement so we can join the properties. But, at this point, I don't need another issue right in the middle of this for me to have to condemn strips and-tear buildings down to put another access in there. We don't need it from a traffic standpoint. If the people that are involved want to bring that in there, they want to tear the buildings down, run a road in there, we are glad to help and meet with them and design the system so they can put a road right through everyone of their buildings so that they can have access and people coming through. I mean it's one of these things I hear in one sense, we are saying to much traffic, but then in another sense they're saying whoa, wait a minute, make sure you run this traffic by our building. So, we are happy on the latter sense if-they want to do that, that they have to cooperate, pitch-in, in some of that economic cost - do not put that all on us, because they want to make sure that the new traffic goes by their stores. Councilor Benson stated I am not saying that it's your responsibility to do that, nor should it be, because you don't own that property. In terms of what we heard today, from our consultants on the traffic report, basically we're outlining what your folks have said, which actually takes a lot of my concerns away, in terms of the traffic. My only concern is making sure the two properties mesh - how do we come to a resolution or terms or agreements on that. And, right now, I know Leo is in negotiations with trying to buy that parcel, that triangle shape piece of land - he does not own it as of today. And, two months from now I think he is planning on closing on it - it that right, Leo? Mr. Palmos stated yes, sir. 14 Councilor Benson stated -I mean, if he closes on that, then he can go forward and say, hey; this is what I'm going to do, I've got all my tenants in this building, they're prepared to move - that's what I want to see and I want to make sure that the annexation property owners are really wanting to work with the-. Mr. Post interjected, we're glad-to,coordinate.so anything they want to build to come through there can access directly on - we can coordinate so it works as one town. We are absolutely in agreement with that. Councilor Hines stated there was one person that got up - Sharon Kamen, I think it was - that asked about the uses on the property. She didn't get a response and maybe it would be good to have someone step up and say that, yes, it is - there are designated uses. Mr. Post stated I promise no massage parlors. Most of those are controlled already in the PUD guide. They'll also be controlled, to some extent, with design guidelines and the protective covenants, whereby the design guidelines come into effect, will cover all of those things. We don't intend, with what we see for the project, as having any of those kind of activities that she was worried about. I think that all of those are controlled in the PUD guide already. Councilor Hines stated-I did have a question for staff, under allowed uses, under the PUD, and in reading through that in several of the planning areas, an allowed use, lakes, ponds, reservoirs, and irrigation ditches, and pipelines - I am just wondering if that should not be a special review use, instead of just an allowed use. -I think that the applicants have outlined basically what they wish to do with the property, in terms of placement of lake - there has been discussions between the applicant and AMD with regards to the-irrigation ditches. I am just wondering, long term, is it normal procedure to allow -,that that be an allowed use instead of a special review use. I' would like staff to respond, if possible. Town Manager James stated we are going to have a staff report prepared on all that. We got this back - we kind of drafted - they gave us a draft of a PUD regulation, we gave them back our suggestions. I think our suggestions - we gave them back suggestions that that be under special review use and then they sent us back a,new draft and that was - we-got,'that back late aft-ernoon on Thursday. So, what we are planning on doing.is.getting together with the P & Z-and Council next-Tuesday and going through this Ordinance in detail. We really haven't had a chance,to sit down and discuss all those issues. Hopefully.,"a staff report, will•be available by that meeting. Hearing no further discussion; the mayor called a recess. Council recessed at•10:05pm and reconvened at 10:12pm: Councilor Nottingham left the meeting at 10:05pm. First Reading of Ordinance No. 95-16, Series of 1995, AN ORDINANCE, ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82•WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND 7, 8,-9, & 17, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE-A PART HEREOF Councilor Yoder motioned to approve, on first reading, Ordinance No. 95-16, Series of 1995. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. 15 First Reading of Ordinance No. 95-19, Series of 1995, AN ORDINANCE ANNEXING TO THE TOWN OF AVON OF A PARCEL OF LAND LOCATED SECTIONS 8, 9, & 10, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED.ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Councilor Benson motioned to approve, on first reading,,Ordinance No. 95-19, Series of 1995. Councilor Yoder seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. First Reading of Ordinance'No. 95-17, Series of 1995, AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT PLAN AND DESIGN REGULATIONS FOR AVON VILLAGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Yoder:.motioned to approve., on first reading, Ordinance No. 95-17, Series of 1995 'and •to refer -this to •'the 'Planning & Zoning Commission for a public hearing on September 5, 1995. Councilor Benson seconded the motion. Mayor Reynolds ca-fled'-for,a roll call vote. The motion,.carried unanimously. Resolution No. 95-41, Series of 1995, A RESOLUTION CERTIFYING THE ELECTION BALLOT Councilor Hines motioned to approve Resolution,No. 95-41, Series of 1995 with an amendment in the second ballot question to include the word "public" in the sentence, "to pay the costs to acquire and construct public street improvements within all". Councilor Benson seconded the motion and the_ motion carried unanimously. Annexation & Development Agreement: Town Manager James stated there is no action to be taken on this tonight. It is,not in final form, yet. Town Manager James. suggested to refer this to the next meeting. Council concurred. Second Reading of Ordinance No. 95-14,.Series of 1995, AN ORDINANCE ADOPTING THE UNIFORM ELECTION CODE-OF 1992 IN LIEU OF THE COLORADO MUNICIPAL CODE OF 1965 WHEN PARTICIPATING IN A COORDINATED ELECTION IN EAGLE COUNTY CONDUCTED BY THE COUNTY CLERK AND RECORDER Mayor Reynolds announced this is a public hearing. Councilor Hines motioned to approve, on second-reading, Ordinance No. 95-14, Series of 1995. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. 16 i i Second Reading of Ordinance No. 95-15, Series of 1995, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A GROUND LEASE AGREEMENT AND A MAINTENANCE FACILITY LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF ACQUIRING A MAINTENANCE FACILITY FOR THE TOWN AND RELATED INCIDENTALS AND APPURTENANCES; PROVIDING FOR THE REGISTRATION OF SAID LEASE; CREATING CERTAIN FUNDS RELATED THERETO; RATIFYING CERTAIN ACTIONS,HERETOFORE TAKEN; REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWI'T'H; AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO Mayor Reynolds announced this is a public hearing. Councilor Hines motioned to approve, on second reading, Ordinance No. 95-15, Series of 1995. Councilor Yoder seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. First Reading of Ordinance No. 95-18, Series of 1995, AN ORDINANCE REPEALING AND REENACTING SECTION 15.08.180 OF TITLE 15 OF THE AVON MUNICIPAL CODE Town Engineer Norm Wood-stated Section 15.08.180 of Title 15 of the.Municipal Code is a portion of'the Code related to the adoption of the Uniform Building Code and amendments that were included with the adoption of that Code. This particular amendment applied to an-amendment, that was. added this year, that required a continuous or waterfall footing, related to foundations, etc. In the implementation of this particular requirement, it seems that there are other more workable- solutions that are more efficient. This requirement is really not required within the Code'. This Ordinance will repeal that particular section and return the Code to what we had prior the adoption of the 1994 Building Code. Staff recommends adoption of Ordinance No. 95-18. Councilor Yoder motioned to approve, on first reading, Ordinance No. 95-18, Series of 1995. Councilor Benson seconded the motion Mayor Reynolds called for a roll call vote. The motion carried unanimously. Resolution No. 95-40, Series of 1995, A RESOLUTION AMENDING THE 1995'BUDGET Town Manager•James-informed this-Resolution s'for additional funding to purchase a new police vehicle for the police department at a cost, of $23,714 and-,computer-equipment and- a copier for community development_at a.cost of $17,186. Councilor Yoder motioned to approve Resolution No. 95-40, Series of 1995. Councilor Benson seconded the motion:and the motion carried unanimously: Unfinished Business: Certificate of Compliance & Relief from Conservation Easement (Lot 91, Mountain Star, Filing No. 2, First Amendment., formerly known as Lots 91 & 92, Mountain Star Filing No. 2) 17 Councilor Hines motioned to authorize the Mayor to sign the certification of compliance in relief from conservation easement Lot 91, Mountain Star, Filing No. 2, First Amendment, pending the completion of report from David Johnson'of Western Resource Management. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Coordinated Election Intergovernmental Agreement Councilor Yoder motioned to approve the coordinated election intergovernmental-agreement. 'Councilor Hines seconded the motion and the motion carried unanimously. New Business: Admin.Dept./Council Budget Retreat Contract Councilor Yoder'-..motioned to authorize the-Mayor"to sign the contract with Hotel,Colorado for Council's budget retreat set for October 13 through 15. Councilor Hines seconded the motion and the motion carried unanimously. New Business: Cops,Fast Grant'Application- Councilor Yoder motioned to authorize the Mayor to sign the Cops Fast Grant Application. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Rec. Dept. / Winter Carnival Proposal Councilor Yoder motioned to authorize the staff to incorporate the snow sculpting and winter carnival activities with the traditional Christmas Party in the Park for 1995. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Rec. Dept. / Change Order #9 Councilor Benson motioned to approve Change Order #9. Councilor Yoder seconded the motion. Councilors Carnes and Hines opposed. The motion carried with the Mayor voting aye. New Business: Rec. Dept. / Pre-Opening Pass Sales Councilor Benson motioned to direct the recreation department of selling pre-opening passes with the annual pass with a one month extension, six month'pass with two week extension and one month pass with a one week extension. Councilor Yoder seconded the motion. Councilor Benson amended the motion to include the employees as well as the general public - all passes. Councilor Yoder seconded the amendment. The motion and the amendment carried unanimously. 18 0 • New Business: Public Works / Camera Equipment Maintenance Agreement Councilor Hines motioned to authorize the Mayor to sign the agreement for the camera equipment maintenance. Councilor Benson seconded the motion and the motion carried unanimously.,. New Business: Public Works / Maintenance Facility Rental Agreement Councilor Hines motioned to authorize the Mayor to sign the extension of .the lease agreement for the transit maintenance facility.. Councilor.Yoder seconded the motion. 'The motion carried with Councilor Carnes opposed. Mayor Report: Mayor Reynolds announced that he and Councilor Yoder attended the CAST meeting in Grand Lake. Mayor Reynolds mentioned the Legislative Tour has been cancelled due to lack of interest by the legislators. Mayor Reynolds asked for a volunteer to be-appointed to the CML Policy Committee. Councilor Hines volunteered for'the appointment. Other Business:. Councilor-Benson announced the Wildridge Public Forum "`is .scheduled for September 5, 1995 at 5:30pm in the Avon Municipal Building. Councilor Carnes announced a press conference for the ABCRA on Monday in the Avon Municipal Building. Consent Agenda: a.) Approval of the August 8, 1995 Council Meeting Minutes b.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor Benson seconded the motion and the motion carried unanimously. Adjourn: There being no further business to come before Council, Mayor Reynolds called for ,a motion to adjourn. Councilor Benson moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 11:08PM. 19 0 ! RESPECTFULLY SUBMITTED: Patty Ney Town Cler 20