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VAIL - From now on, having a railcar in Avon for more than two days will be illegal, according to Avon's newest law. But even Avon Mayor Ron Wolfe isn't clear whether the recently approved nuisance law has any teeth.
"The jury's still out," said Mayor Ron Wolfe, adding the issue has never been fought out in court between a town and a railroad company, but a Union Pacific Railroad spokesman said federal law would supersede a town law.
Despite the uncertainty, the Avon Town Council unanimously approved the ordinance Tuesday night. The law comes in response to Union Pacific Railroad's announcement that it will store about 500 railcars in Minturn. The cars will have to come through Avon to get to Minturn.
The new law stated stalled railroad cars would decrease property values, attract "gang-related activity including loitering and vandalism," and be a eyesore. Wolfe added "rusty, old" railcars are a safety hazard for children.
Wolfe theorized Union Pacific's announcement came in retaliation to Avon's request for two ground-level crossings. The crossings would increase access between downtown Avon and the incoming Riverfront Village Ð a development of hotel rooms, shops and restaurants. Wolfe said railcars moving through Avon constantly would provide a good reason for the Public Utilities Commission to deny Avon the crossings.
But Councilman Brian Sipes said the two issues were unrelated.
"It's a completely independent issue than the crossing because (cars) can't stall on the crossings anyway," he said.
Town attorney John Dunn encouraged councilors to pass the law saying at the very least, the law gives the town a basis to fight Union Pacific.
"I don't think this is a council that wants to do nothing," Dunn said.
Councilman Brian Sipes asked Dan Leary, the executive vice president of Traer Creek and president of Traer Creek and Village at Avon metro districts, if he would fine railcars a nuisance, especially since homes will likely be developed near the tracks one day.
"Depends on how long they stay there, but I don't know if I consider it a nuisance right now," Leary said.
"But weather I like the trains or not, I just don't know what we could do about them," Leary said.
As it stands now, with or without the ordinance, railroad cars may soon be running through and hanging out in Avon.
Staff Writer Nicole Frey can be reached at 748-2927 or nfrey@vaildaily.com.
Vail, Colorado
"The jury's still out," said Mayor Ron Wolfe, adding the issue has never been fought out in court between a town and a railroad company, but a Union Pacific Railroad spokesman said federal law would supersede a town law.
Despite the uncertainty, the Avon Town Council unanimously approved the ordinance Tuesday night. The law comes in response to Union Pacific Railroad's announcement that it will store about 500 railcars in Minturn. The cars will have to come through Avon to get to Minturn.
The new law stated stalled railroad cars would decrease property values, attract "gang-related activity including loitering and vandalism," and be a eyesore. Wolfe added "rusty, old" railcars are a safety hazard for children.
Wolfe theorized Union Pacific's announcement came in retaliation to Avon's request for two ground-level crossings. The crossings would increase access between downtown Avon and the incoming Riverfront Village Ð a development of hotel rooms, shops and restaurants. Wolfe said railcars moving through Avon constantly would provide a good reason for the Public Utilities Commission to deny Avon the crossings.
But Councilman Brian Sipes said the two issues were unrelated.
"It's a completely independent issue than the crossing because (cars) can't stall on the crossings anyway," he said.
Town attorney John Dunn encouraged councilors to pass the law saying at the very least, the law gives the town a basis to fight Union Pacific.
"I don't think this is a council that wants to do nothing," Dunn said.
Councilman Brian Sipes asked Dan Leary, the executive vice president of Traer Creek and president of Traer Creek and Village at Avon metro districts, if he would fine railcars a nuisance, especially since homes will likely be developed near the tracks one day.
"Depends on how long they stay there, but I don't know if I consider it a nuisance right now," Leary said.
"But weather I like the trains or not, I just don't know what we could do about them," Leary said.
As it stands now, with or without the ordinance, railroad cars may soon be running through and hanging out in Avon.
Staff Writer Nicole Frey can be reached at 748-2927 or nfrey@vaildaily.com.
Vail, Colorado
