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TC Minutes 03-29-1988• s THE CONTINUATION OF THE MARCH 22, 1988 AVON COUNCIL MEETING HELD MARCH 29, 1988 AT 12:00 NOOP4 The continuation of the Council meeting, of the March 22, 1988 was held on March 29, 1988 of the Town Council of the Town of Avon, in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 12:00 noon. A roll call was taken with none of the Councilmembers present. Due to a lack of a quorum, Mayor Nottingham adjourned the March 29th, 1988 meeting at 12:02 p.m. APPROVED: JClC~U.L' ~r Allan Nottingham, /111ayor 0 9 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MARCH 22, 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, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Jim Parks, Manager of the Avon Center, approached the Council. He stated that he worked for Mountain Condominium Management Company, which manages the Avon Center. They have offices in Denver and Summit County. Mr. Parks discussed and offered comments in regard to the sales tax rate that Avon requires the hotels and condominium properties in Avon to collect. The sales tax rate was 8.20, and then prior to the ski season of this year, it was raised to 12.20. The increase was to fund the bus system in Avon. He stated that they have had some very negative comments from people around the country that call in for reservations. He stated that they don't complain of the room rates, but when the sales tax was added on, they did complain. Mr. Parks stated that they have lost business because of the increased rate. He suggested that the-funding of the bus system be handled somewhat different, but the same effort would be there. Mr.Parks suggested that the Town collect a $2.00 per night lodging tax, that would be concealed from the public. He stated that the $2.00 would go toward funding the bus system. He stated that even more money could be raised, but to also make some summer time improvements in the Town of Avon. Mr. Parks suggested that the Town and the lodging community would get together after ski season to discuss this matter. Councilman Davis stated that the Council was willing to look at this issue. He stated that there was a transportation committee formed to deal with these types of concerns. The Council agreed that the Town and the lodging community should.look at this issue shortly after ski season. The Mayor thanked Mr. Parks for his comments. There being no further Citizen Input, the Mayor closed the discussion. 0 0 Second reading of Ordinance No. 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 SAFETY STANDARDS. This was a public hearing. The Town Manager stated that this ordinance allows gas operated fireplaces within the Town of Avon, and that this would amend the Mechanical Code of the Town of Avon. Councilman Miller moved approval of Ordinance No. 88-3, Series of 1988 on second reading. The motion was seconded by Councilwoman McRory. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. There being no discussion, the Mayor called for roll call. Those Councilmembers voting aye were, Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No. 88-4, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON CONCERNING VESTdPROPERTY RIGHTS. This was a public hearing. The Town Manager stated that this ordinance would bring the Town's Municipal Code Book up-to-date, and would be in conformance with the State Statutes regarding vested property rights. Councilman Miller moved approval of Ordinance No. 88-4, Series of 1988 on second reading. The motion was seconded by Councilman Connell. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. There being no discussion, the Mayor called for roll call. Those Councilmembers voting aye were Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No. 88-5, Series of 1988, AN ORDINANCE AMENDING ORDINANCE 83-33 CONCERNING THE FRANCHISE OF HERITAGE CABLE- VISION, INC. This was a public hearing. The Town Manager stated that this ordinance would amend the Town's Franchise Agreement for the Franchise Fees to be paid to the Town of Avon from 3% to 5%. He stated that the increase of 20 would not increase the users bill, but would be an amount that would be directed to the Town of Avon by Heritage Cablevision, and that amount would be turned over to the Vail Community T.V. -2- Councilman Miller moved approval of Ordinance No. 88-5, Series of 1988 on second reading. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. There being no discussion, the Mayor called for roll call. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. The Town Attorney report was next presented to the Council. Mr. Dunn stated that the Town of Avon, along with all the other towns in the County, was served with a Summons and Complaint from Aurora and Colorado Springs, in regard to the denial of Homestake II, and of the decision of the County Commissioners. Mr. Dunn suggested that the Town File a Brief to support the decision of the County Commissioners. After some discussion, Councilman Watkins moved to authorize the Town Attorney to File an Answer from the Town of Avon, and to include the Avon Metropolitan District. The motion was seconded by Councilman Miller and was unanimously carried. Mr. Dunn discussed his letter that was addressed to the County Sheriff's office, which was hand delivered, along with Notices for mailing to all the Mechanical Liens Claimants. He stated that they have scheduled the Sale of the Peregrine Project on May 6th, 1988. He stated that the Sheriff's office was to deliver a copy of the Notice of Sale to the Newspaper, and the publication would begin next week. He stated that on May 6th, the Town would bid whatever was owing to them, which would be close to one half million dollars. He stated that there were discussions of how the money would be raised to redeem it from the Sale, assuming the Town would receive the Certificate of Purchase. The Town could expect to be paid sometime around the first part of August. The Town Attorney reported on the Bain Litigation. He stated that the New Hampshire Insurance Company, Mr. Bain's Workman's Compensation Carrier, indicated that as of the Notice of Claim, New Hampshire Insurance Company had paid approximately $118,000 in compensation to Mr. Bain. Mr. Dunn has referred everything to the Adjuster for CIRSA. Mr. Dunn stated that CIRSA felt that the Town was immuned from the Claim. He stated that one of the immunity statutes exempts claims arising out of the neglegent operation of any Motor Vehicle, and the question was, the backhoe. The backhoe was considered a construction vehicle, and not a motor vehicle. -3- Mr. Dunn stated that he and Mr. James was to appear in Court tomorrow, in respect to the Christie Lodge Litigation. He stated that Bill James had given his deposition last week. The 3-Mile Land Use Plan was next on the agenda. The Town Manager stated that the Plan would bring the Town in conformance with guidelines that had been passed by the State Legislature. He stated that the Plan would give a good idea of where the Town's service area would be in the future. Councilman Watkins moved to receive the 3-Mile Land Use Plan. The motion was seconded by Councilman Miller and was unanimously carried. Next on the agenda was the Appeal of the Zoning Variance that was denied on February 16, 1988 by the Planning and Zoning Commission. This Appeal came from 182 Avon Corporation, Lot 21, Block 2, Benchmark at Beaver Creek. This request was continued from the March 8, 1988 Council Meeting. Brian Pesch. President of 182 Avon Corporation, and the owner of of the property, approached the Council. . Mr. Pesch summarized the issue and the zoning request. He stated that they were requesting two parking spaces instead of the three. The request for 30% of spaces for compact cars only applies for indoor parking, and that there was no provisions for out-door compact car parking. The reason was, that the smaller spaces tend to collect more snow, and would shrink the spaces even more so than the regular spaces. The Mayor stated that it was his contention that in respect to the right-of-way area for the highway, he felt that it was wide enough in that area, that snow removal should not be a problem. He stated that he could see a problem if buildings were abutting one another, but in this case, they were not. Also since the building was constructed prior to the formation of the Town, and prior to the local parking requirements, that the requirements, that the request for the variance should be given some consideration. -4- • 0 Councilwoman Harrison agreed, and stated that even though the Town has rules and regulations, the Town should not come down hard on this building for just two parking spaces. Councilwoman McRory agreed to a certain point, but stated that the Town came down hard on another store owner, which could not get the variance, and if this variance request was granted, then the Council would have to reverse that decision for the other store owner, and felt that by granting this variance would open doors for other store owners to come in and request a variance. Councilman Davis stated that since the owner has taken over the building, there has been a considerable amount of improvements, and was pleased to see that it was commercial space because, it broadened the commercial district. He stated that each variance should be on a case by case basis, and should look at the situation at hand, and could do something that was reasonably acceptable. He stated that the Council should encourage business development in the community. He stated that he therefore would support the giving of a variance of the two spaces. The Mayor stated that he would support the variance for the two compact car spaces. Councilmembers Connell and Harrison agreed. Mr. Pesch stated that the compact car spaces would be marked by free standing signs that would comply with the sign code. Michael Blair, member of the Planning and Zoning Commission, approached the Council. Fie stated that the reason for the denial by the Planning and Zoning Commission was that the Commission felt that the parking on the site was already somewaht limited, and the number of spaces were very close for what was operating there already. He felt that there were ways to accommodate that, either by re-design, which they have done, or, maybe by adding more parking spaces by using compact car spaces for the number of requirements. Mr. Pesch stated that they would go with the two compact car spaces rather than the two regular spaces. After discussion, Councilwoman Harrison moved approval of granting a variance with the said reasons, which were found in paragraph C - 17.36.050 which was: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other priorties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district, and also with the 300 of car reduction. The motion was seconded by Councilman Connell. Those Councilmembers voting aye were, Emilie Harrison, Jerry Davis and Al Connell. Those Councilmembers opposed were, Steve Miller, Clint Watkins, and Gloria McRory. There being a tie, the Mayor voted in favor of the variance. The variance was granted by a 4 to 3 vote. -5- • i The Town Manager stated that with Avon Ventures interested in the Airport, and the annexing of the Airport into the Town of Avon, Mr. James requested that Council continue this meeting until Tuesday, March 291 1988 at 12:00 noon.to possibly start the annexation process. Mr. James requested that Council also retire into executive session after this meetina. Council agreed. The Financial Matters were next presented to the Council. Councilmember Miller moved approval of the General Fund of Accounts Payable for March 22, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for March 22, 1988. The motion was seconded by Councilman Connell and was unanimously carried. The minutes of the March 8, 1988 Council Meeting Minutes were next presented to the Council. Councilman Miller moved approval of the March 8th council meeting minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. The Town Manager stated that i County Commissioners agreed to T.V. Translator Study, if, the Mr. James recommended that the of Vail contribute $2,500, and from the other entities. n respect to the T.V. Translators, the contribute $10,000 to be used for a Town of Avon could match their grant. Town of Avon contribute $2,500, the Town then collect the balance of $5,000 Councilman Miller so moved. The motion was seconded by Councilwoman Harrison. After some discussion, Councilman Miller amended his motion to include "contingent upon the final approval at the April 12th, 1988 meeting providing the funds would be available. Councilwoman Harrison amended her second and was unanimously carried. The Town Manger discussed the amended 1987 Budget, which had to be cleared up. He stated that there was $26,000 expenditure(the sale of the three small buses, which was paid to the Resort Association; $18,114 (the Accommodation Tax which was paid to the Resort Association for the months of November and December); $12,380 (the over billing of the Mall Maintenance); $4,876.07(an old receivable which could not be balanced); $5,350(the sale of three police cars, which was credited against the expenditure account). -6- i • The total amount being $66,720.87. After some discussion, Councilman Miller moved approval of the Budget Amendment to the General Fund in the amount of $66,720.87, based on the explanations above. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Town Manager stated that the Town now had two approved T.V. Translators. Kevin Payne remined the Council of the upcoming Mayor°s Cup Race, which will be held Saturday, March 26, 1988. Councilman Miller moved to continue the meeting until Tuesday, March 29, 1988 at 12:00 noon, and that the meeting be adjourned into executive session. The motion was seconded by Councilman Connell. The meeting was adjourned by Mayor Nottingham at 8:55 p.m. The Council then retired into executive session. Councilman Watkins opposed. ECTRULLY SUBMITTED: P4tricia J. Doyle, Town/Clerk APPROVED: -7-