TC Minutes 04-08-1997i
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 8, 1997 - 5:30 P.M.
A regular meeting of the Town Council of the Town of Avon, „
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Jack Fawcett at 5:38 PM.
A roll call was taken with Councilors Jim Benson, Richard Carnes,
David'Gilman, Bob McIlveen, Buz Reynolds, Jr., and Judy Yoder
present. Also present were Town Manager Bill Efting, Assistant
Town Manager Larry Brooks, Town Clerk Patty,Lambert, Town
Attorney John Dunn, Town Engineer Norm Wood, Planner Karen
Griffith,•and Administrative Assistant Jacquie Halburnt, as well
as members of the press and public.
Ordinances:
First Reading of Ordinance No. 97-4, Series o,f.1997,,AN ORDINANCE
EXTENDING THE APPROVAL PERIOD FOR A~TEMPORARY GARDEN CENTER ON
LOT 1, AND NURSERY MATERIAL STORAGE ON LOT 2, WILDWOOD RESORT
PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO (COLORADO ALPINES)'
THROUGH JUNE, 1998
Town Planner Karen Griffith noted this is a request for the
extension, through June, 1998, of the Colorado Alpines Garden
Center that is located basically north of Nottingham Road.
Planner Griffith reviewed the seven conditions, as written, in
the Ordinance.
Mayor.Fawcett asked how many extensions have been requested.
Planner Griffith did not know however, she stated she will
present that information at second reading of the Ordinance. Mr.
Marty Jones, owner of Colorado Alpines, informed the first
application was for the Christmas tree lot only. Then he came
back with the garden center and tree storage. This is the
renewal of the garden-center, tree storage, and Christmas tree
lot all combined. Mayor Fawcett asked, is-this the third
extension? Mr. Jones stated this will be the second season for
,.the garden center.
Councilor Reynolds mentioned the storage of trucks. Mr. Jones''
noted he is making progress with his permanent location and added
it looks like he has his highway access resolved. Mr. Jones
added the property was illegally subdivided years ago and that
problem has,been overcome. Then there was the highway problem,
which just recently was resolved. Those were,the two major
obstacles. Mr. Jones noted, with any luck, by fall, he will be
open down there.
Mayor Fawcett.asked about the new lease with Oscar Tang. Mr.
Jones stated this lease expires the end of April and he has
reached an agreement with Mr. Tang for renewal. Mayor Fawcett
noted that prior to this Ordinance becoming effective, Mr. Jones
will have a new lease. Mr. Jones agreed.
Mayor Fawcett questioned this will be the last application. Mr.
Jones stated he hopes so; his goal is to get to Edwards.
Mayor Fawcett mentioned the storage of vehicles in the area. Mr.
Jones mentioned the planting of additional trees for screening.
Councilor Reynolds stated the problem occurs in the winter time
when Mr. Jones slows down using his equipment and the equipment
gets stored on the lot. Councilor McIlveen interjected the
equipment will be gone this fall, per Mr. Jones' earlier comment.
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Further discussion on the storage of equipment. Mr. Jones'
comments inaudible and unable to transcribe.
Councilor Yoder motioned to approve, on first reading, ordinance
No. 97-4, Series of 1997, approving an extension for a nursery
and Christmas tree sales on Lot 1 and storage of nursery
materials and equipment on Lot 2, Wildwood Resort PUD, Town of
Avon, Eagle County, Colorado Alpines, through June, 1998, also
with the proviso that we have a copy of the executed lease.
Councilor Benson seconded the motion.
Mr. Jen Wright, one of the developers of the Mountain Star
project, commented the problem is a little like having a friend
over for dinner and he stays for six months. Mr. Wright
requested Council put pressure on Mr. Jones to move his operation
down valley and make this extension the last.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Resolutions:
Resolution No. 97-27, Series of 1997, A RESOLUTION AUTHORIZING A
CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION RELATING
TO THE TOWN'S ROUNDABOUTS PROJECT
Town Attorney John Dunn reviewed the Resolution. The Resolution
will provide for CDOT's payment to the Town of $250,000 for
contract administration.
Councilor Benson motioned to approve Resolution No. 97-27, Series
of 1997. Councilor Yoder seconded the motion and the motion
carried unanimously.
Resolutions:
Resolution No. 97-28, Series of 1997, A RESOLUTION AUTHORIZING A
CONTRACT WITH THE DENVER & RIO GRANDE WESTERN RAILROAD COMPANY
RELATING TO THE TOWN'S ROUNDABOUTS PROJECT
Town Attorney Dunn presented a substitute Resolution No. 97-28
which authorizes the contract but, makes the authorization
subject to final approval of the contract by the Town Attorney
and by CIRSA, with respect to the insurance provisions.
Town Attorney Dunn informed the estimated figure is $151,263,
which is inclusive of equipment and trackage at the crossing.
That is in addition to the contractor's work, on the approach, to
the crossing.
Town Attorney Dunn stated Council has indicated a desire to add
to the contract a drop dead date beyond which both parties would
be released from the contract, if the work is not done, by the
end of May. That is acceptable to the railroad and the provision
can be added to the Resolution.
Town Engineer Norm Wood informed they estimate it will take three
weeks for the complete installation. Town Engineer Wood thought
it is a lot of money for three weeks work and hoped the estimated
figure is high. We will have the equipment until the.completion
of the project, which is scheduled for the first of November.
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Councilor Gilman motioned to approve
of 1997 with the provision that the
addressed and secondly that the work
1997. Councilor Benson seconded the
carried unanimously.
Other Business:
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Resolution No. 97-28, Series
insurarice,coverage be
be completed by May 31,
motion and the motion
Councilor Reynolds mentioned that the Eagle Valley Recreation
Authority asked if Council has a.concern about telling,the.people
that are running the equestrian center they,will have' a home for
the next fire years.- Beaver Creek and a couple other entities
are putting up a lot of money to enhance the rodeo program and
there is a big push for the equestrian center to stay long term.
Councilor Reynolds asked for Council's thoughts. Mayor Fawcett
suggested further discussion at the next work session.
Consent Agenda:
a.) Approval of the March 25, 1997 Council Meeting Minutes
b.) Approval of the Transportation Partnerships Contract with
the State of Colorado, Office of Energy Conservation
c.) Approval of Victor Mark Donaldson Proposal for Redesign
of Municipal Building, East Entrance
d.) Approval of Escrow Agreement between'Town of Avon, Coastal
Mart, Inc., and First American Heritage Title Company
e.) Approval of the Ute Forest Subdivision.Fire Agreement
f.) Resolution No. 97-29, Series of 1997, A RESOLUTION APPROVING
THE FINAL PLAT, A RESUBDIVISION OF LOT 7, BLOCK 4,
WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
g.) Resolution No. 97-30, Series of 1997, A RESOLUTION AMENDING
THE 1997 BUDGET
h.) Award Bid to TEK Consulting, Inc. / Telecommunications
Consultants
i.) Financial Matters
Councilor.Yoder expressed a conflict of interest with Item C, on
the consent agenda and announced she would refrain from voting on
that item due to the conflict.
Councilor Reynolds requested Item E, approval of the Ute Forest
Subdivision Fire Agreement be removed from the consent agenda.
Councilor Reynolds thought, for the service that we have to
supply to that area, a different formula needs to be approached
with the distance that has to be covered. 'Mayor Fawcett
announced Item E is removed from the consent agenda for further
discussion and separate vote.
Councilor Reynolds motioned to approve the Consent Agenda.
Councilor Benson seconded the motion and the motion carried with
Councilor Yoder abstaining.
Town Manager Bill Efting thought that Item E should be'approved_
this evening and suggested taking the time to reevaluate the
formula prior to the next contract coming up. Mayor Fawcett
thought the amount doesn't even cover administrative costs and
doesn't seem fair. Councilor Yoder added it doesn't even pay-for
gas to and from. After some discussion, Councilor Reynolds
understood that further evaluation of the formula will be
forthcoming.
Councilor Reynolds motioned to approve the Ute Forest Subdivision
Fire Agreement. Councilor Yoder seconded the motion and the
motion carried unanimously.
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There being no further business to come before Council, Mayor
Fawcett called for a motion to adjourn. Councilor Yoder moved to
adjourn. The motion was seconded by Councilor Benson. The
meeting was adjourned by Mayor Fawcett at 6:09 PM.
CTFULLY SUBMITTED:
fatty Lamb
Town Clerk
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