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TC Minutes 07-26-1988r ~ MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JULY 26, 1988 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 7:55 p.m. A roll call "was taken with Emilie Harrison, Gloria McRory, Al Connell and Jerry Davis present. Councilmen Steve Miller and Clint Watkins were absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Engineer Norm Wood, Planning Director Lynn Fritzlen, Fire Chief Wayne Smith, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Peter F. Michaelson, candidate for District Attorney approached the Council. Mr. Michaelson introduced himself and made a brief presentation of his platform. He stated that although the Town Council does not come in contact with the District Attorney's office,the police department might find themselves in a position where the Town Council approval would be required from them to function well, as well as, the approval of the District Attorney. He stated that he wanted to be a source that the Town could go to for, such as, consideration for job applications or policy consideration. Mr. Michaelson felt that the proposed ordinance that was before Council, was a good one, and agreed with the increase of fines. He stated that what has to be done, was to coordinate all four counties in this district and to go after federal grant moneys and federal programs that would allow them to bring in people of that caliber that he would respect, and to work that program for a year. Also, to establish a District Exchange. The Mayor thanked Mr. Michaelson for his presentation. Also, :scheduled under Citizen Input was Candidate Fredric Butler. Mr. Butler was not present, therefore was taken from the agenda. There being no one else wishing to be heard, the Mayor closed Citizen Input discussion. Second reading of Ordinance No. 88-12, Series of 1988, AN ORDINANCE AMENDING CHAPTER 1.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE GENERAL PENALTY FOR VIOLATIONS OF SAID CODE. • • Councilman Connell moved approval of Ordinance NO. 88-12, 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. After a brief discussion, the Mayor called for a roll call. Those Councilmembers voting aye were: Emilie Harrison, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 88-14, Series of 1988, A RESOLUTION APPROVING FINAL PLAT AND RESUBDIVISION OF LOTS B AND C, AVON CENTER AT BEAVER CREEK, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, TOWN OF AVON, EAGLE COUNTY, COLORADO. This resolution was tabled from the July 12th council meeting so that more information could be obtained. Norm Wood reviewed and discussed the revised language on the plat. Some concerns that Council had were: 1. That with the proposed restrictions assuring parking for the existing building on the site, more particularly on Lot B, it may create problems in future development. He stated that he has worked with John Dunn and Jim Lindsey on this matter to provide different language for the plat to address those concerns. The revised language read as follows: "l. This plat is approved by the Town of Avon upon condition that adequate parking to satisfy the requirements may be satisfied by surface or structure parking. The determinations whether or not any additional development of Lot B satisfies these requirements shall be made by the Town of Avon solely in its discretion. A determination has been made that those requirements are satisfied as of the date of this plat. 3. The aforesaid conditions shall be appurtenant to land run with lots B and C solely for the benefit of the Town of Avon." Discussion followed. Jim Lindsey with Ralph Edgar Consultants, and agent for Guarantee Federal Savings and Loan as owners of the commercial land to the west of Avon Center, and owners of two commercial floors in Avon Center, approached the Council. Mr. Lindsey reviewed the history of the Avon Center project with the Council. He stated that if Avon Center could receive a Certificate of Occupancy, they would then retain Lot B. The Council agreed to give Mr. Lindsey the Certificate of Occupancy. -2- • J Councilwoman McRory moved approval of Resolution No. 88-14, Series of 1988. The motion was seconded by Councilman Davis and was unanimously carried. The Town Attorney reported on the Wilson/McAdams Litigation. Mr. Dunn stated that the offer authorized by the Town Council in executive session two weeks ago, was accepted by the Plaintiff in the Wilson/McAdams law suit. He stated that the law suit has now been concluded. Next on the agenda were the guidelines for outdoor use for sound amplificiation system. Norm Wood stated that staff had reviewed various regulations and ordinances from town and cities in the surrounding areas. He stated that after reviewing those regulations with the Town Attorney they felt that possibly one of the better ways to deal with this issue would be through the liquor license process. It would allow the Authority to hold a public hearing and receive public input. He stated that as far as Special Events were concerned, it could be handled through the application, or in the case of a commercial establishment, it would be through a renewal license process. The permit application could require the following: 1. Hours of operation. 2. Proximity to residential or lodging neighborhoods. 3. Direction sound will be :projected and relationship to residential or lodging neighborhoods. He stated that specific hours could be designated. Councilman Davis stated that from the administration stand point, that if given guidelines, there would be no need to come before any Board, only when the request would be outside those guidelines, would the applicant come before the Board for a special permit or extended permit. He suggested to have the administration provide a permit for anyone having outdoor entertainment after 10:00 p.m. on a weekend night. Anything outside of that, later hours or during the week, the applicant would come before the Board. They discussed the hours. It was suggested that 9:00 a.m. to 10:00 p.m. would be reasonable hours for the weekends. Week days and after 10:00 p.m., the applicant would have to have special permission. It was stated that the Town Council should act as an Appeal Board if need be. Councilman Davis felt this matter should be a Council problem rather than a liquor Authority problem. -3- • • The Town Attorney stated that the reason it may possibly be handled as a liquor authority issue rather than a council matter, was that it would be a lot more flexible in terms of regulating liquor license premises. He stated that there is not a first amendment problem when dealing with liquor license. He stated that you would not be subject to those limitations, or those constitutional restrictions. He stated that the second reason was that you would already have a Notice and public hearing procedures. It would be to the advanttage,.,af:the Council to have the liquor authority deal with the matter. As far as the Park was concerned, the park belongs to the Town, and that noise in the Park could be handled entirely administratively. He stated that the park permit could be amended to include permission for outdoor music. This matter would come back to the Council/or the Authority at the next meeting. The next item for discussion was the softball field/Tract P. Norm Wood stated that the Town has a Lease Agreement with Benchmark that would allow the Town to go ahead with the construction of the softball field. The plans have been approved by Benchmark. He stated that he had received an informal response from the School District indicating that the plans had been approved. The staff was still negotiating with the School District on the Agreement on their part. After some discussion, the Council authorized staff to go ahead to proceed with the construction of the softball field. The field should be completed this fall, playable on a limited basis in1989, and fully playable in 1990. The Town Manager reported on the budget schedule. Mr. James stated that he would try and submit the annual budget plus the five year operating budget and the five year capital improvement budget by September 20, 1988. He stated that possibly a work session be scheduled on the budget at the next Council Meeting to receive some input from the Town Council on Capital Improvements. The Financial Matters were next presented to the Council. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for July 26, 1988. The motion was seconded by Councilman Connell and was unanimously carried. -4- • Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for July 26, 1988. The motion was seconded by Councilman Connell and was unanimously carried. The minutes of the July 12, 1988 council meeting was next presented to the Council. Councilwoman Harrison moved approval of the July 12, 1988 council meeting minutes as presented. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Davis thanked the press that attends and reports the preceedings of these Council meetings. Councilwoman Harrison complemented the staff, Chamber and Public Works crew for a tremendous job done in regards to the Vintage Car Race. The Town Manager reported on the upcoming 10th Anniversary. He stated that they have started construction on the pedestal for the Checkmate Statue. There being no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilman Davis. The meeting was adjourned by Mayor Nottingham at 9:05 p.m. CTFULLY SUBMI Patricia J Clerk