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TC Minutes 03-08-1988MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MARCH 8, 1988 - 7:30 P.M. The 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 Allan Nottingham at 7:30 p.m. A roll call was taken with Emilie Harrison, Gloria McRory, Steve Miller, and Al Connell present. Council members Jerry Davis and Clint Watkins were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Director of Public Works, Parks and Recreation Larry Brooks, Director of Engineering and Community Development Norman Wood, Finance Officer Steve Midkiff, Deputy Town Clerk Barbara Joseph, and members of the press and public. The Mayor called for Citizen Input. As Mr. Bob Ruder, with the Vail Metropolitan Recreation District, was not present, the Mayor stated that the matter would be deferred to later in the meeting. There being no further Citizen comment, the Mayor closed the discussion. Second Reading of Ordinance #88-2, Series of 1988, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. This was a public hearing. Mr. James stated that the ordinance was to authorize the purchase of an all-purpose sort of tractor. The purchase of the tractor was provided for in the 1988 budget as a cash purchase, but favorable lease terms were obtained so staff was recom- mending the lease-purchase of the tractor. Councilman Miller moved approval of ordinance #88-2, Series of 1988, on second reading. Councilman Connell seconded the motion. The Mayor opened the meeting for public hearing. There being no public comment, the Mayor called for a vote. Councilman miller stated he appreciated the thoroughness of the presen- tation put together by Larry Brooks. Ile felt the report accompanying the ordinance was very well done. A roll call vote was taken, with Emilie Harrison, Steve Miller, Gloria McRory, and Al Connell voting aye. There were no nay votes. The motion carried unanimously. • • First reading of Ordinance #88-3, Series of 1988, AN ORDINANCE AMENDING SECTION 15.24.020 OF THE AVON MUNICIPAL CODE TO ALLOW INSTALLATION OF VENTED DECORATIVE GAS APPLIANCES IN ACCORDANCE WITH CERTAIN STANDARDS. Mr. James stated that this ordinance was in response to the request of an Avon citizen, who had asked, at the last meeting, that the portion the the Town's mechanical code prohibiting these types of appliances be amended. Councilwoman McRory moved approval of Ordinance #88-3, Series of 1988, on first reading. Councilman Connell seconded the motion. Those Councilmembers voting aye were Gloria McRory, Al Connell, Emilie Harrison, and Steve Miller. There were no nay votes. The motion carried unanimously. First reading of Ordinance #88-4, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON CONCERNING VESTED PROPERTY RIGHTS. Mr. James stated that the purpose of the ordinance was to amend the Town Code to conform with Senate Bill 219, adopted by the State Legislature last year. Councilwoman Harrison moved approval of Ordinance #88-4, Series of 1988, on first reading. Councilwoman McRory seconded the motion. Those Council members voting aye were Emilie Harrison, Gloria McRory, Steve Miller, and Al Connell. There were no nay votes. The motion carried unanimously. First reading of Ordinance #88-5, Series of 1988, AN ORDINANCE AMENDING ORDINANCE 83-33 CONCERNING THE FRANCHISE OF HERITAGE CABLEVISION, INC. Mr. James stated that the ordinance was in response to a proposal made by Heritage Cablevision, at the last meeting. The increased revenues created by the increase in Franchise Fees would be contributed to Vail Community Television. The ordinance would not result in any change in fees paid by Heritage subscribers. Councilman Miller moved approval of ordinance #88-5, Series of 1988, on first reading. Councilwoman McRory seconded the motion. Those Council members voting aye were Al Connell, Gloria McRory, Emilie Harrison, and Steve Miller. There were no nay votes. The motion carried unanimously. Resolution #88-6, Series of 1988, A. RESOLUTION APPROVING A PRELIMINARY PLAN AND FINAL SUBDIVISION PLAT FOR CHAMBERTIN TOWNHOUSES, FILING NO. 3, A REPLAT OF LOT 46/47, BLOCK 1, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that the Plat was reviewed by Town Staff, and found to be generally in compliance with applicable laws and regulations. He stated that the requested action was for approval of the Preliminary Plan and Final Subdivision Plat all at the same time. Mr. Wood stated that a letter was received from Mark Donaldson, representing the Phoenix Discovery Group, as a part of the required public hearing process. -2- • • The Phoenix Discovery Group, owner of the adjacent property immediately to the east, where the foundation is located, had three concerns with respect to the proposed Plat. Their first concern regarded a 25' wide drive shown on the plat as crossing their property; the second concern was with their property being labled on the plat as "Future Filing No. 4"; and the third concern was with the address on the plat. Mr. Wood recommended that the Resolution before Council be amended, under the "Subject to" section, to reflect the concerns of the Phoenix Discovery Group. Mr. Wood recommended that the contingency currently contained in the Resolution be labeled "1.", and conditions "2.", "3.", and "4." be added, to read as follows: "2. Delete the apparent extension of Chambertin Circle from the area east of Filing No. 3; 3. Delete reference to 'Future Filing No. 4'from the plat; 4. Designate address for Filing No. 3 as 0420 on the plat." Councilman Miller moved approval of Resolution #88-6, Series of 1988. Councilman Connell seconded the motion. Councilman Miller suggested that Mark Donaldson be called in from the hallway, to see if he had anything further to add to Mr. Wood's comments. Mr. Donaldson had no further comments. The Mayor opened the meeting for public hearing. There being no public comment, the Mayor closed the hearing. At this point, Councilman Miller amended his motion to include the "subject to" conditions, as read by Norm Wood, above. Councilman Connell seconded the amended motion. The motion carried unanimously, as amended. The Town Attorney's Report was next on the agenda. Mr. Dunn stated that, with regard to the Peregrine Project, Magnet Bank has filed a Motion to Alter or Amend the Judgement that Council had seen previously. Magnet was objecting to the amount of attorneys' fees, to the inclusion of penalties in the amount owed to the Town, and were asking that the Decree permit the owner of the property to "cure" the default and to reinstate the payments and installments. Mr. Dunn stated he had provided the Court with copies of all the bills for legal work, and he felt that the amount was not unreasonable for two years worth of legal work. He further stated that he had learned that Magnet Bank has payed all the back taxes owed on the project, which was a considerable amount of money. Mr. Dunn stated he was hoping for quick rulings on the Motions now before the Court. Mr. Dunn stated that Christie Lodge matters were coming up, and it was his understanding that the Lodge's attorneys would be up in the next week to take a deposition from Mr. James. -3- 0 • Discussion of an Agreement, between the Town of Avon and the Eagle County Ambulance District, was next on the agenda. The Agreement addressed the increased use of the ambulance stationed at the Avon Fire Station. Mr. James requested that the Council continue consideration of the Agreement to the next regular meeting. Councilman Connell moved to continue consideration of the Ambulance Agreement to the next regular meeting. Councilwoman McRory seconded the motion, and it passed unanimously. Mr. James stated that the terms of Planning and Zoning Commission members Michael Blair, Charles Gersbach, and Albert Reynolds, Jr. would be expiring on May 1, 1988. He requested Council authorization to advertise the openings in the local papers. Councilwoman Harrison moved to authorize the Town staff to advertise for applications for the three seats on the Planning and Zoning Commission that would be opening on May lst. The motion was seconded by Councilman Miller. Councilman Miller suggested that the existing Commission members, in- cluding those whose terms would be expiring, be asked to develop some sort of job description for the positions on the Commission. He felt it would be of great value to the Council when evaluating potential Commission members. Councilwoman McRory felt that applicants should be limited to those who live in the Town of Avon. The Mayor agreed, stating it was his understanding, at the time of the last Commission appointments, that Council had agreed to limit the applicants to Avon residents. Councilman Miller stated he would be more comfortable making a decision based upon applicant qualifications, and not upon applicant address. Councilman Connell stated he would be in favor of limiting the number of Commission members who can live outside the Town, and felt that the job description idea was a good one. After further discussion, it was the consensus of the Council to limit the consideration of applicants to those living within the Town of Avon, and to word the advertisement to reflect this residency requirement. Next on the agenda was an appeal of a Zoning Variance Denial, February 16, 1988, for Lot 21, Block 2, Benchmark at Beaver Creek, the Avon Commercial Building. Norm Wood stated the 182 Avon Corporation applied to the Planning..and Zoning Commission for a parking variance for the above mentioned lot. The building involved is the building where Christy Sports is now located. -4- • • The Planning & Zoning Commission held a public hearing on the request at their February 2, 1988, meeting, and adopted a Resolution denying the variance request at their March 1, 1988, meeting. The Commission denied the request based upon the finding that the grant of the variance would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Mr. Wood stated that 182 Avon Corporation is appealing the Planning and Zoning Commission denial of the parking variance in accordance with the provisions of the Avon Municipal Code. Mr. Wood further stated that the Council is required by the Municipal Code to act in accordance with the same criteria and make the same findings prescribed in Section 17.36.050 of the Code before granting the variance. Mr. Wood stated that a parking variance would be required before 182 Avon Corp. could expand the retail use of the building, as is their desire. Mr. Wood stated that the Council may confirm, modify, or reverse the decision of the Planning and Zoning Commission. Mr. Wood then reviewed the findings the Council would have to make before granting the variance. Mr. Wood stated it was staff's recommendation that the Council follow the actions of the Planning and Zoning Commission, and deny the appeal because it would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Councilman Miller so moved. Councilman Miller's motion died for lack of second. The Mayor called for discussion. Brian Pesch, owner and President of 182 Avon Corporation, Littleton, Colorado, approached the Council. Mr. Pesch reviewed the history of the building and its use. Mr. Pesch stated that, in order for him to lease out the remaining 1,600 to 1,800 feet of space for retail use, the variance would have to be granted. Mr. Pesch stated that the building was two parking spaces short of meeting the requirements for retail use, or roughly 40 of the spaces required. He stated that his company has exhausted all other alternatives for meeting the parking requirements. Discussion followed. Council members McRory and Miller felt the appeal should be denied. The Mayor and Councilwoman Harrison felt -Ehe.decision of the~Planning and Zoning Commission.should be reversed. Councilman Connell felt that the building was never designed for retail use, and that the parking situation on the site would only get worse, not better. After further discussion, Councilman Connell moved to table decision on the matter until the next regular meeting. The motion was seconded by Councilwoman McRory, and was carried by a 3 to 1 vote. -5- • 0 Discussion of a Land Use Plan, developed as a result of passage of Senate Bill #45, was discussed next. Mr. James stated that, as a result of Senate Bill #45, the Town is allowed to come up with a 3-mile annexation plan. Mr. Jim Lamont would be presenting and discussing such a plan. At this point, 8:46 p.m., Council recessed briefly and reconvened at 8:49 p.m. Mr. Lamont reviewed the provisions of Senate Bill #45, stating that the Bill will result in municipalities having to do some long-range planning in order to accomplish desired annexations. Mr. Lamont stated that his presentation tonight was the first step in this long-range planning. He emphasized that fact that the formulation of a 3-mile plan does not necessarily mean the Town is actively interested in annexing the areas contained in the plan. Mt. Lamont outlined the main elements of the 3-mile plan. Mr. James suggested that, since .two Council members were.absent, Mr. Lamont give a.brief overview at this time, and then give a detailed presentation at the next meeting when all the Council would be present. The Council agreed. Mr. Lamont explain how the boundaries how the provisions the maps and plan. some sort of plans been done to date. ad the maps he had prepared, telling the Council were arrived at, what areas were included, and of the Bill affected,and were incorporated into, He reviewed the areas involved that already had in place, and the areas for which no planning has After some discussion, the Council agreed to hear a more detailed presentation at the next regular meeting. Mr. James requested that Council defer consideration of a draft of a policy addressing a collection process for unpaid bills until the next regular meeting. The Council agreed. The Financial Matters were presented to the Council. Councilman. Miller moved to receive items #1 through #8. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the General Fund Accounts Payable for March 8, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the Reconciliation of Accounts Payable for March 8, 1988. The motion was seconded by Councilman Connell and was unanimously carried. -6- The minutes of the February 23, 1988, Council meeting were next presented to the Council. Councilman Miller moved approval of the February 23, 1988, minutes, as presented. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller stated he felt there was a need for a representative of the Avon Beaver Creek Resort Association to attend the Council's meetings. He did not feel someone needed to be at every meeting, but felt that some sort of regular attendance was necessary. He stated that, if Council agreed, he would convey that message to the Resort Association's Board at their next meeting. Council agreed. There being no further business to come before the Council, Council- woman McRory moved to adjourn. Councilwoman Harrison seconded the motion. Mayor Nottingham adjourned the meeting at 9:12 p.m. RESPECTFULLY SUBMITTED: Barbara ioseph,~,~15_putTy Disown Clerk -7-