TC Minutes 06-25-1996MINUTES OF THE REGULAR MEET.:NG OF THE'TOWN COUNCIL
HELD JUNE 25, 1996 - 5:30 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 J. Reynolds at
5:36PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham,
and Judy Yoder present. Also present were Town Manager Bill
James, Town Clerk Patty Lambert, Town Attorney John Dunn, Police
Chief Gary Thomas, Director of Community Services Larry. Brooks,
Town Engineer Norm Wood, Administrative Assistant Jacquie
Halburnt, and Community Development Director Mike Matzko, as well
as members of the press and public.
Citizen Input: Trail head parking on Metcalf Road ® Switchback
(Jeff Fowler)
Mr. Fowler, resident to be in Wildridge (building currently),
asked Council to reconsider parking on the Coyote Ridge cul de
sac for the June Creek trail head. Mr. Fowler asked Council
questions regarding the trail head, access, and forest service
easements.
Councilor Fawcett noted the issue is access into the forest
service. The forest service put the easements in many years ago.
Mr. Jack Hunn, owner of Lot 20 on Coyote Ridge, reviewed the
process. Mr. Hunn suggested the snow storage parking area near
Coyote Ridge with the idea Council and Staff would study further.
Mr. Hunn read in the paper that a decision had been made without
further public input. Mr. Hunn understood the decision was to
promote the trail head at the end of Coyote Ridge and to allow
parking to occur off the road near the intersection of Ferret
Lane and East Wildridge Road, the snow storage area. Mr. Hunn
considered this trail to be a marginal amenity - this trail
doesn't go very far down the hill, then you turn around and come
right back. Mr. Hunn noted there are three elements to this
access. There is an easement that is provided across private
property to facilitate access to an open space tract that the
town owns. From there, the path would continue across the town
owned open space tract to government land. Mr. Hunn questioned
the easement language across private property parcels,
specifically the Coyote Ridge access and Lots 22 and 23, Block 4.
Each property has a platted easement on the subdivision plat
which is recorded at the county. But, this is not a government
easement. It is an easement that has specific language
associated with it. Mr. Hunn questioned the easement - is it
vehicular, is it pedestrian, is it drainage, it is all three?
Without these questions answered, Mr. Hunn thought a decision is
irresponsible. Mr. Hunn-stated there are entities that are
affected by Council's decision that are out of the town's
jurisdiction - one is the forest service and the other is the
DOW. Mr. Hunn thought the Council needed input from the forest
service and the DOW.
Councilor Carnes asked about the letter from the forest service
regarding Coyote Ridge. Town Manager Bill James informed the
forest service asked the town to turn over the easement to them
so that they could maintain the trail through that area.
Discussion focused on the decision that had been made regarding
the parking for Coyote Ridge. Town Manager James stated there
was direction given to staff, at the work session, to go ahead
and improve that area - do some grading and put down some gravel
- for a parking area. Town Manager James stated the direction
given was to allow parking to occur there for the trail head and
to sign it so people knew how to get down to the trail.
Mr. Hunn stated he made a suggestion, as one individual who has
an opinion up there. Councilor Nottingham interjected Mr. Hunn
stated he was representing his neighbors. Mr. Hunn stated he and
Mr. Dave Gilman attended to represent their collective concerns.
The suggestion was thought to be discussed further before any
final decisions.
Councilor Fawcett reiterated Mr. Hunn recommended, and Councilor
Fawcett thought Mr. Hunn represented a few others besides
himself. Council directed staff to look into that snow storage
area. Staff came back to Council at another meeting and informed
that works - not in the winter, but during a certain season of
the year - April through October or something of that sort.
Councilor.Hines concurred - Council directed staff to move
forward.
Mr. Hunn questioned the intent of the easements on Lot 22 and 23.
Councilor Nottingham informed those easements go as far back as
the 50's. It was an easement through the Nottingham ranch onto
the forest service. The forest service had a right to go through
the ranch. That easement was a lot bigger then, prior to Coyote
Ridge. Director of Community Development Mike Matzko stated the
Wildridge Subdivision Plat says access easement for Coyote Ridge
and June Creek trail cul de sacs. On the plat, it is noted the
easements are dedicated'to the town. The county's policy is
these easements, crossing the specific lots, are owned by the
town. The easements are a 20' wide easement on each side of the
lot line between lot 22 and 23 - 40' wide total.
Ruth, owner of Lot 22, stated the easement is for foot traffic,
not for motor vehicle traffic. Matzko could not confirm this as
he has not seen the agreement.
Mr.,Jim Wiley, one of the owners of vacate Lot 23, noted the
difficult configuration of his site. With the 20' easement on
one side and the 10' easement on the other side, that allows
approximately 15' or less to enter the lot. Councilor Nottingham
thought Mr. Wiley could cross the town's easement to enter his
lot. Mr. Wiley stated they could access, across the easement and
questioned what drive way the hiker will go down to get to the
trail. Mr. Wiley asked Council to look at the configuration of
the cul de sac and then see if this is the most practical
location for the trail head. Councilor Fawcett stated this is a
public easement, for public use, which presumably Mr. Wiley knew
when he purchased the property.
Councilor Nottingham stated Council's goal was to focus on forest
service access and to preserve public access. Council thought to
make forest service access a little more user friendly, which led
to a parking issue.
Ruth, owner of Lot 22, stated she would not like the forest
service to have access across her property. Ruth noted the trail
gets very little use. Ruth did not like the word trail head to
promote something that goes 1/3 mile straight down to a stream,
dead ends, and you see a Mountain Star no trespassing sign. It
leads not to any forest service land, anywhere. The trail ends
at the stream - you have a choice to trespass on Mountain Star
land or to try and stay on the green space, which is very steep,
sage brush - about 300 yards to the forest service land.
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Ruth voiced concern about the wildlife in the area. Councilor
Benson hiked the trail recently and noted it .is wide enough for a
vehicle. Ruth added she personally keeps the trail clear with a
chain saw_ Councilor Nottingham added historically they drove
back there on the old ranch road.
Ruth informed she has contacted an attorney to see what the
property owners' rights are as part of this easement. Ruth added
she does not mind the way it is right now. Hardly any one goes
down there. What concerns her is the word trail head - she
envisions a sign, with a little map, promoting the trail.
Town Attorney John Dunn reiterated, in the plat for Wildridge,
those access easements were dedicated as easements for the
benefit of the public. They were accepted by the town for
maintenance, just like the streets. The town has an obligation
to maintain the streets, it has control of the streets for
reasons of safety. Town Attorney Dunn thought the same thing is
true of those easements. The town can, if it wants to, contract
with the forest service for maintenance of those easements. The
public, in general, have a right to use the easement.
Ruth reiterated this access stops short of forest service land by
at least 300 yards.
Mr. Fowler presented council with a survey of hikers for trail
head site (see attached Exhibit A) and a petition for a new trail
head site (see attached Exhibit B). Mr. Fowler discussed Exhibit
B, a proposal for an alternative location at the bend in Metcalf
Road. Mr. Fowler preferred, if the forest service is willing, to
let them have access elsewhere, if that is possible.
Mr. Bruce Chapman, attorney in Vail and representing Hank and .
Katherine Handelsman, owners of Lot 26 on Coyote Ridge, stated if
you look at the plat the access easement just goes between Lots
22 and 23, then it goes into Tract K, which is Town of Avon
property. Mr. Chapman hasn't seen anything that shows there is
an easement across the town property to get to the forest
service. Mr. Chapman thought that was one of the essential items
needed. Councilor Nottingham stated Tract K is open space, which
is public property. Mr. Chapman thought by turning the easement
over to the forest service, the town would lose control. Mr.
Chapman thought the town could regulate how it is used - hours it
is used and purpose, such as snowmobiles. Mr. Chapman questioned
who should maintain the easement and thought perhaps the town
should tax the owners of Lots 22 and 23. Mr. Chapman thought
trying to de-emphasize the trail head and supplement it with
another access at the switch back may be a good idea because of
the seasonal parking situation.
Ruth stated you wouldn't want to use the trail in the winter as
the elk herd from Mountain Star winters there.
Councilor Nottingham felt a perception of a special interest
group and it sounded as NIMBY (not in my back yard) syndrome.
When everybody bought there property, they knew what was there.
Councilor Nottingham respected the 40' across Lots 22 and 23 that
belongs to the public, to use. People bought up private
properties accessing forest service and no one could get in. So
then, the PUDs came along protecting that right and here Council
is being asked to keep quiet, don't let anybody know it's really
there. The easements are there and the public has a right to it.
Robert, resident of Lot 22, reiterated his mother's concerns
regarding the elks' wintering ground.
Ms. Suzanne Daphane, attorney representing Clarkson and Shirley
Mosely, owners of Lot 24, understood the access is written in the
PUD. Ms. Daphane asked Council to slow down, get all the
information, and then proceed.
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Mr. Jack Hunn thought the responsible thing is to look at what,
the asset is that, we are trying to make available to the public.
Mr. Hunn invited.the Council to take a hike and see what value
this trail has for the public. Mr. Hunn added that when he made
the snow storage parking suggestion, he wasn't aware of Mr.
Fowler's proposal, which might be a better proposal.
Councilor Benson thought Ruth has a gold mine, it's a"very nice
area back in there. Councilor Benson expressed difficulty with
finding the forest service trail and thought anybody trying to
locate the trail will end up wondering around on private
property. Ruth stated they do. Councilor Benson asked if she
would rather have a sign pointing people the right way or just
wondering around her lawn. Ruth stated she didn't have a
problem, with anybody that is lost, showing them the route.
Councilor Hines thought Council should look.into the Metcalf
switchback as a viable alternative. Councilor Fawcett agreed
with Councilor Hines.
Council thanked all in attendance.
Citizen Input: Hours of Construction (Dave Power)
Mr. Dave Power, resident of Wildridge on Long Sun, requested
Council limit hours of construction on week days. Mr. Power
presented Council with a petition of at least a dozen names but,
stopped when Councilor Fawcett told him he would bring up the
subject for him. Mr. Power suggested starting construction at
8:00am during the week days.
Councilor Fawcett informed the Planning & Zoning Commission (P &
Z) asked for animal control, dust control, hours of construction,
and trash storage. Councilor Fawcett questioned why the only
thing in this evening's Ordinance is animal control.
Hours of construction were discussed. There are regulations in
place for week ends and holidays but no regulations for week
days.
Council recessed at 7:15 PM and reconvened at 7:21 PM.
Ordinances:
First Reading of Ordinance No. 96-12, Series of 1996, AN
ORDINANCE REPEALING AND REENACTING SECTION 6.04.020 AND SECTION
6.04.060 OF THE AVON MUNICIPAL CODE
Director of Community Development Matzko reviewed Ordinance No.
96-12. This Ordinance addresses the control of dogs on
construction sites. This Ordinance requires dogs on a
construction site to be either on a lease or within a secure
animal enclosure.
Discussion focused on current regulations versus proposed
regulations in this ordinance and enforcement of both.
Councilor Fawcett asked why other P & Z requests were not
included in this Ordinance. Town Manager James stated the Mayor
gave him guidelines that are followed, in Beaver Creek, with
controlling animals on site. Town Manager James gave that to
Community Service Officer Steve Hodges. Staff has had a chance
to look at this item longer than getting the P & Z's requested
items of only two weeks ago.
4
Councilor Fawcett thought it would be a good idea to table this
and look into all these issues raised by P & Z, at a work
session, then come back with an Ordinance that Council agrees_
with. Mayor Reynolds, Councilor Carnes, and Councilor Yoder
agreed.
Councilor Benson and Councilor Hines thought it to be an
enforcement issue.
Councilor Fawcett motioned to table, on first reading, Ordinance
No. 96-12, Series of 1996. Councilor Nottingham seconded the
motion and the motion carried with Councilor Benson and Councilor
Hines opposed.
Unfinished Business:
Swift Gulch Facility / RNL's final contract approval
Councilor Fawcett stated this is a 30 page contract and Chris
Squadra, the owner's representative, is not present to discuss
this.
Town Manager James informed Mr. Squadra has negotiated the
contract with RNL. The contract has been reviewed with ARC, the
Town Attorney, and staff.
Councilor Nottingham stated she is comfortable because of the
previous experience with ARC. Councilor Nottingham added her
expertise is not where she can critic this. That is why Council
hired someone to do that and, with the Town Attorney, the staff,
and ARC doing that, Councilor Nottingham felt confident to
approve the contract.
Mr. Dick Shiffer, with RNL, reviewed specific paragraphs of the
contract.
Councilor Nottingham motioned to authorize the Mayor to execute
the attached agreement between the Town of Avon and RNL for
architectural services for the public works facility and there
are some typos that I do believe need to be changed as-far as the
ACR and that type of thing. Councilor Benson seconded the motion
and the motion carried with Councilor Fawcett opposed.
Unfinished-Business Continued:
Swift Gulch Facility / Maintenance Design contract approval
Mayor Reynolds understood that Maintenance Design's fees were
included in RNL's contract. Mr. Don Leidy stated Maintenance
Design services are above and beyond and unique from what the
services are being provided by RNL.
Councilor Fawcett asked Mr. Leidy if Maintenance Design has a
relationship with RNL. Mr. Leidy stated Maintenance Design is
50% owned by RNL. Councilor Fawcett asked if Mr. Squadra, when
negotiating the contract with RNL, knew Maintenance Design was in
addition. Mr. Leidy stated yes.
Council concurred that Mr. Squadra should be present to answer
any questions regarding the three contracts:
Swift Gulch Facility / RNL's final contract approval
Swift Gulch Facility / Maintenance Design contract approval
Recreation center / Zehren final contract approval
5
Councilor Hines motioned to reconsider the previous passage of
the contract for RNL for architectural services and move that we
table all three contracts at this point and time. Councilor
Fawcett seconded the motion and the motion carried with Councilor
Nottingham opposed.
Unfinished Business Continued:
Swift Gulch Facility / Maintenance Design Letter of Intent
Mr. Leidy asked, for the time and effort spent to date, that
Maintenance Design get a notice to proceed. Council's consensus
was to issue a letter of intent to Maintenance Design Group.
Other Business:
Councilor Hines announced there is a meeting tomorrow to meet the
candidates for the executive director of the Transportation
Authority.
Councilor Hines announced he attended a meeting yesterday
regarding the feasibility of doing the demo train project.
Consent Agenda:
a.) Approval of the May 28, 1996 Council_ Meeting Minutes
b.) Approval of the Jurie 11, 1996 Council Meeting Minutes
C.) Resolution No. 96-25, Series of 1996, A RESOLUTION APPROVING
.THE FINAL PLAT, A RESUBDIVISION OF LOT 90, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
d.) Resolution No. 96-26, Series of 1996, A RESOLUTION APPROVING
THE FINAL PLAT, A RESUBDIVISION OF LOT 49, BLOCK 4,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
e.) OEC Grant - Roundabout Study Contract
f.) 1996 Street Repair & Improvements - Change Order No. 1
g.) 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 Nottingham
moved to adjourn. The motion was seconded by Councilor- Fawcett.
The meeting was adjourned by Mayor Reynolds at 7:57PM.
RESPEt`~ ULLY SUBMITTED:
1. -
Patty Lamber CMC
Town Clerk
6
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E X H I B I T A
Survey of Hikers for Trail Read Site.
T0: The members of Avon Town Council.
From: Random Hikers in the Valley.
Date: Collected -June 22 to 25, 1996
Survey Question: When you are beginning a hike would you
prefer option #1 or'#2?
Option #l: Parking approximately 2/10 of a mile from a trail
head located in a populated neighborhood cul de sac.
Option #2: Parking by a stream that is unpopulated and the
trail head is located in the parking area.
See Photos included.
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Name Opt ion
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Option # 1
Option # 2
E X H I B I T B o6,,~.,
Petition for New Trail Head Site.
T0: The members of Avon Town Council.
From: The residents of Wildridge.
Date: June 22, 1996
We as residents of the Wildridge Subdivision express concern,
over potential increased traffic in our residential
neighborhood, with the building of a trail head on Coyote
Ridge. We support an alternative location for this trail
head at the bend in Metcalf Road. We also support a secondary
unpublished or unadvertised access through Coyote Ridge for
those who live in the Wildridge Subdivision.
We feel this is solution will best serve the residents and
Hikers.
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