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TC Minutes 06-14-1988a • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 14, 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 Steve Miller, Clint Watkins, Gloria McRory, Al,Connell and Jerry Davis present. Councilwoman Emilie Harrison was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Public Works/ Parks and Recreation Larry Brooks, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. The Checkmate Sculpture was discussed. Kevin Payne, Executive Director of the Avon/Beaver Creek Resort Association, approached the Council. Mr. Payne brought the Council up-to-date on the progress that has been made on the development of a plan for the sculpture pedestal in the plaza area for the Checkmate Statue. He stated that the sculpture would be completed by the end of July. He stated that their goal would be to have the dedication ceremony on the 7th of August in conjunction with the 10th anniversary of the Town of Avon. Mr. Payne then reviewed the design of the project with the Council. Dean Knox, Director of the Battle Mountain Bronze Foundry, approached the Council. Mr. Knox reviewed the proposed ceremonies for the dedication of the sculpture with the Council. He stated that the statue would be given to the Town for a period of two years. Larry Brooks discussed and reviewed what would be feasible this summer in regard to the design drawing of the pedestal, and discussed some of the elements that would bd--.added in-the future. Mr. Brooks stated that a figure of $14,000 would be needed to complete phase I, which would involve bringing utilities to the site, installing the basic pedestal without any of the frills, re-landscaping which would include the sprinkling system design, and a few trees. Mr. Payne stated that a rough estimate of $40,000 would be needed to complete the total project. He stated that there was a commitment from the Rotary of $4,000, which the Chamber would receive next week. He stated that they were having some conversations with Wal-Mart regarding a commitment from the Wal-Mart Foundation. Discussion followed. • • Councilman Davis stated that he supported the concept, and was willing to provide some funds toward the project. He felt it would enhance the entire community. The Town Manager recommended that the Council authorize him to amend the marketing budget by $9,000 in the General Fund, and donate the $9,000 to the Avon/Beaver Creek Resort Association for the Checkmate Statue pedestal, and that the resort keep the Council informed, both, with the contract with 1ST Bank of Avon, and with the design of the pedestal. Councilman Miller so moved. The motion was seconded by Councilman Davis and was unanimously carried. Buck Allen, Municipal Court Judge, approached the Council. Judge Allen requested that the Town Council consider the possibility of raising the fine level in Municipal Court on some specific charges. The fine would be raised from the current $499.00 to $999.00, and up to 180 days in jail. He stated that a number of Home-Rule cities have done this, particularly in the front range. He stated that the Court has been dealing with more and more serious charges on a regular basis. He stated that with the additional jail term, and the higher fine amounts, it would be easier to get restitution to victims who are involved in crime or, restitution back to the Town of Avon. Also, with a longer jail sentence, the Court may impose a longer probation period on a defendant. He stated that if Council was agreeable to this request, then possibly Council could authorize the Town Attorney to draft an ordinance raising the fines and the jail sentence on those serious violations. Mr. Dunn had concerns of drafting such an ordinance. He stated that if the potential fine can exceed five hundred dollars, the offenses would no longer be a petty offense. He stated that the Court would no longer be able to require the twenty five dollar fee. He stated that the concern he had was that once the offenses were created, they would no longer be petty offenses. He felt that the Municipal Court did not have jurisdiction then, to hear those offenses. Discussion followed. The Town Attorney recommended that this issue be tabled until the next meeting so that more information could be collected and reviewed. The Council agreed. Reggie Sanchez was not present for his presentation on the campaign on drugs, therefore, it was taken off the agenda. -2- • • Second reading of Ordinance No. 88-7, Series of 1988, AN ORDINANCE AMENDING CHAPTER 12.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO A BOND FOR WORK IN A PUBLIC WAY Norm Wood stated that this ordinance eliminates the requirement for a Bond as required for other provisions working in a public right-of-way when a permit was issued in conjunction with a building permit, and did not require the disturbance of pavement. Mr. Wood recommended approval of Ordinance No. 88-7, Series of 1988 on second reading. Councilman Miller moved approval of Ordinance No. 88-7, Series of 1988 on second reading. The motion was seconded by Councilman Watkins. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor opened the meeting for discussion. There being no one wishing to be heard, the Mayor closed the discussion, and called for roll call. Those Councilmembers voting aye were: 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. 88-8, Series of 1988, AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO DETERMINING THE AMOUNT OF THE FEE FOR A BUILDING PERMIT Norm Wood stated that this related to reduce the building costs within the Town of Avon, and also to bring the building permit fee in line with what was being charged in Eagle County. Councilman Miller moved approval of Ordinance NO. 88-8, 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. The Mayor opened the meeting for discussion. There being no one wishing to be heard, the Mayor closed the discussion, and called for roll call. Those Councilmembers voting aye were: 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. 88-9, Series of 1988, AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO TEMPORARY CERTIFICATES OF OCCUPANCY Norm Wood stated that this ordinance was developed to ease the development in the Town of Avon. It should not have a direct effect of costs, as such, but it would clarify the issuance of temporary certificates of occupancy. It would be more in line with the National Building code as published by the ICBO. -3- • • It also contained a provision for the revocation of a temporary certificate of occupancy, which was not clarified in the current code. Mr. Wood recommended approval of Ordinance No. 88-9. Councilman Watkins moved approval of Ordinance No. 88-9, Series of 1988 on second reading. The motion was seconded by Councilman Miller. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor opened the meeting for discussion. There being no one wishing to be heard, the Mayor closed the discussion, and called for roll call. Those Councilmembers voting aye were: 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. 88-10, Series of 1988, AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO DESPOSITS TO SECURE THE COMPLETION OF CLEANUP AND LANDSCAPING Norm Wood stated that 88-10 was directly related to ordinance 88-9, in that,it related to certificates of occupancy. He stated that the current code only allows the issuance of a temporary certificate of occupancy until such time as all landscaping site work is completed. He stated that approving ordinance 88-10 would change that procedure. Rather than issue a temporary certificate of occupancy, a permanent certificate could be issued, and this would rely upon the deposit in order to assure the remaining site work was completed. Councilman Miller moved approval of Ordinance No. 88-10, Series of 1988 on second reading. The motion was seconded by Councilman Watkins. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor opened the meeting for discussion. There being no one wishing to be heard, the Mayor closed the discussion, and called for roll call. Those Councilmembers voting aye were: Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance NO. 88-11, Series of 1988, AN ORDINANCE RELATING TO FRACTIONALIZATION OF DEVELOPMENT RIGHTS. On this reading, the Council would approve an ordinance either to: repeal Chapter 17.22 of the Town of Avon's Municipal Code, or an ordinance to amend Chapter 17.22 of the Town of Avon's Municipal Code. -4- Councilman Connell moved approval of Ordinance No. 88-11, Series of 1988, an ordinance to repeal Chapter 17.22 of the Municipal Code. The motion was seconded by Councilman Miller. Councilman Watkins stated that the ordinance that would amend 17.22 needed more work done to it. He stated that he was in favor of repealing the Chapter, and to spend time getting the changes made to make it work right. He felt that the time would be substantial, and needed the input of the Planning and Zoning Commission. Councilman Davis stated that he was not in favor of repealing the ordinance. He stated that if Council repealed the ordinance, then there would not be any building going on in Avon all summer. Discussion followed. Councilman Davis stated that the whole idea of the ordinance was that, in the downtown area, there was allowed, quarter shares for other kinds of uses, such as, condo-hotels, so that the desnsity could be higher. He stated that there would always be someone though, that would work it for their own benefit. He stated that the main concern was the increased units and the number of units to quarter shares, but now, the ordinance states that you cannot quarter share the units, so there would not be as many units. He stated that the units have to be larger than they were before, which has a ultimate cap on the number of units that could be built. He stated that if the ordinance was repealed, it would somehow send a message to the public that the Council would put a halt to the construction in the area, but it it were amended, the ordinance would send a message that at least the Council was working on the problems and concerns. Councilman Watkins disagreed. He stated that the Council could give the message that they were continuing to work on the concerns. He stated that one of the problems was, eventhough there was a limit of one quarter fractionalizations to the Residential High Density areas, that it--: would still end up looking like a cookie-cutter type of a unit, secondly, the procedure was not addressed in the fractionalization ordinance in regard to notices to the public, and notices to the adjoining property owners. Ken Sortland, contractor in the area, approached the Council. He stated that there were a lot of lots empty in Avon,and if the Council was looking to repeal the ordinance, that possibly the window of opportunity would be gone. He stated that it was about the worse time of the year that Council was taking, to look at changing the ordinance. The Mayor indicated that there was a motion on the floor to repeal, and asked for a roll call. Those Councilmembers voting aye were: Al Connell and Clint Watkins. Those Councilmember voting nay were: Steve Miller, Gloria McRory, and Jerry Davis. The motion to repeal was defeated by a 3 to 2 vote. -5- Councilman Davis moved approval of Ordinance No. 58-11, Series of 1988 amending Chapter 17.22 of the Town of Avon relating to Fractionalization of Development Rights on first reading. The motion was seconded by Councilman Miller. Councilman Davis suggested that a work session meeting be scheduled to discuss the ordinance in detail. After some discussion, a joint work session was scheduled for Tuesday, June 21, 1988 at 6:30 p.m. The Mayor called for a roll call. Those Councilmembers voting aye were: Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. The Council recessed at 8:52 p.m. and reconvened at 9:05 p.m. Resolution No. 88-13, Series of 1988, A RESOLUTION APPROVING A FOREST SERVICE SPECIAL USE APPLICATION AND REPORT FOR A PUBLIC WORKS SITE. The Town Manager stated that the Town needed a public works site to store Town equipment and cinders. He recommended that Council authorize staff to proceed with the application with the U S Forest Service Land Exchange for forest service land on Metcalf Road. Councilman Miller moved approval of Resolution No. 88-13, Series of 1988. The motion was seconded by Councilman Connell and was unanimously carried. The Town Attorney reported on the Bain Case. He stated that Council would find a letter from Cooroon and Black, the Adjuster for CIRSA. He stated that it was a letter of Reservation of Rights. He stated that it points out the limit of coverage by CIRSA, which was $150,000 per person, and $400,000 per occurance, including costs of defense. The possibility of Judgement against the Town of Avon in excess in available limits does exist. die stated that CIRSA was defending under a General Reservation of Rights, and that they specifically have the rights to revoke any and all exclusions or conditions. Mr. Dunn stated that he had a concern of that language, but was told that it was a standard letter that Cooroon and Black send, and was no different than any other claim. He stated that his concern was not with the CIRSA coverage, but with respect to the Governmental Immunity Act. -6- i • Councilman Miller moved approval of the five modular work stations for the police department at a cost of $500.00 each. The motion was seconded by Councilman Watkins and was unanimously carried. Kevin Payne gave an update report on the Summer Solstice. Pat Connell gave an update report on the proposed teen center. Mrs. Connell reviewed the surveys that were returned from the Battle Mountain High School on a proposed teen center in Avon. She stated that she would have to set down with Larry Brooks and discuss finances and location for such a teen center. The Town Manager recommended that a work shop be scheduled for Tuesday, June 28, 1988 at 11:30 a.m. to discuss the matters of the Lift and of the Peregrine Project. He was to invite Stan Bernstein and Arnie Ray, and they would update the Council on both matters. Council agreed. The Town Manager stated that Avon had received two more translator licenses. The Town now has five in all. Mr.James reported on the Agreement for the softball field on Tract P. He stated that the agreement was near ready for signatures both by Benchmark and the School District. Glen Ellison, Landscaper for the proposed Checkmate Statue, reviewed and discussed the landscaping on the Checkmate Statue with the Council. He stated that there were five phases to the project: 1. Was the pedestal 2. Was the terrace and lighting design 3. Was the grading area - fountain 4. Was the pavement solution 5. Was the landscaping. No action was taken. The Financial Matters were next presented to the Council. -7- • • Councilman Watkins moved to receive items #1 through #20. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for June 14, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for June 14, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the May 24, 1988 council meeting was next presented to the Council. Councilman Miller moved approval of the May 24th council meeting minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. There being no other business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilman Miller. The meeting was adjourned by Mayor Nottingham at 9:52 p.m. T ULLY SU ITED 7 7 P trigjzd J. D le , To Jerk -8-