Loading...
TC Minutes 10-11-19880 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD OCTOBER 11, 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. A meeting was called to order by Mayor Allan Nottingham at 7:36 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, Engineer Norm Wood, Director of Planning Lynn Fritzlen, 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. K.T. Gazunis, Executive Director of Eagle County Economic Development Corporation approached the Council. Ms. Gazunis discussed and reviewed the Economic Development Corporation's Annual Report. The Mayor thanked Ms. Gazunis for her presentation. There being no one else wishing to be heard, the Mayor closed the Citizen Input portion of the agenda. Second reading of Ordinance No. 87-9, Series of 1988, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY KNOWN AS NOTTINGHAM STATION SUBDIVISION. Lynn Fritzlen reviewed the ordinance with the Council. She stated that this item was tabled from the previous meeting of September 27, 1988 due to an error in the drafting of the ordinance 87-9, Series of 1987. In the third paragraph, Lot 3 - SPA per ordinance No. 82-15, should now read, "Lot 3 - SPA per Ordinance No. 82-2". Ms. Fritzlen then reviewed the map with the Council. Councilman Watkins moved approval of Ordinance No. 87-9, Series of 1987 on second reading. The motion was seconded by Councilman Miller. The Mayor opened the meeting for public hearing. There being on one wishing to be heard, the Mayor closed the public hearing. The Mayor then entertained a 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. 88-13, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Norm Wood reviewed Ordinance No. 88-13 and Resolution No. 88-20 with the Council. He stated that ordinance no. 88-13 required a permit for use of Amplified Sound Systems within the Town of Avon. He stated that the basic permit could be issued by the Town Clerk upon submitting an application, and it also had a provision for Special Permits for the use of Amplified Sound Systems beyond certain hours, such as, Commerical Districts before 8:00 a.m. and after 10:00 p.m., or in Nottingham Park, before 8:00 a.m. and after 9:00 p.m. He stated that in regard to Resolution No. 88-20, it adopted the Administra- tive Procedures. Mr. Wood recommended that Council approve Ordinance No. 88-13 on second reading and adopt Resolution No. 88-20. Councilwoman McRory moved approval of ordinance No. 88-13, 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 entertained a roll call on the motion. 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. Councilwoman McRory moved approval of Resolution No. 88-20, Series of 1988. The motion was seconded by Councilman Miller and was unanimously carried. The Town Attorney report was next on the agenda. Mr. Dunn presented a memorandum to the Council in regard to the Christie Lodge Litigation. Mr. Dunn reviewed the memorandum with the Council. Councilman Watkins moved to direct the Town Attorney to file an Appeal of the ruling as was recommended. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Watkins moved to direct the Town Attorney to draft an ordinance in respect to an Occupation Tax. The motion was seconded by Councilwoman Harrison and was unanimously carried. -2- • • Next on the agenda was the Appeal for Beaver Creek East and Beaver Creek West. Lynn Fritzlen stated that the Architect and developer had submitted revised plans in response to the required conditions of Resolution No. 88-17, which was adopted August 23, 1988. The conditions were as follows: 1. Inclusion of Laundry Rooms 2. Inclusion of inside amenities that would be in a form of at least one unit in each project that would tie into an outside recreation area of value. 3. Inclusion of a designated Manager's Unit. Ms. Fritzlen stated that the reason the Planning and Zoning Commission denied the revision was, they did not feel that the developer complied with Resolution No. 88-17. The concerns of the staff were noted in their report, which were as follows: 1. Although the proposal for Lot 3 does not increase site coverage, a new 8 foot to 10 foot retaining wall is necessary to incorporate changes. 2. Area outside of proposal for Lot 3 slopes away from the building at a 20% slope. Thos does not meet the intent of an outside recreation area of some value. 3. Proposed interior areas for Lot 3 and Lot 6 break up the square footage into equal areas, diminishing their ability to accommodate group activities. 4. Proposal for Lot 6 increases building site coverage. 5. Both proposals do not meet the intent of the Council to drop one unit from the total allowed for each project. Please refer to Council Meeting Minutes. 6. No designated Manager's Unit is shown on the revised plans as required by the conditions. Tom Leroy approached the Council. He again reviewed the incidents that lead up to the most recent Appeal. There was discussion of the developer not designating a Manager's Unit on the plans. Councilman Davis stated that he had concern of parties not communicating, but felt it could be resolved. He stated that the project was approved with conditions, which seemed to be interrupted different than they way the Council meant them to be. He then referred to the August 23rd, 1988 Council Meeting Minutes. He stated that the issue was to compromise, and would like to see the project go through, but not at the cost of just doing the project. Mr. Leroy stated that if the developer gave up two units in each of the buildings, the whole project would not work. Lengthy discussion followed. Councilman Miller moved to deny the Appeal. The motion was seconded by Councilman Connell. There being a tie the Mayor voted for the opposition to deny. The motion carried. -3- 0 0 Councilwoman stated that she was in favor of the project, but agreed that the criteria was not met. Councilwoman Harrison moved to grant the Appeal. The motion was seconded by Councilman Davis. The motion was approved to grant the Appeal. Further discussion followed. Councilman Watkins moved to deny the Appeal. The motion was seconded by Councilman Miller and was carried by a 4 to 2 vote to deny the Appeal. Next on the agenda was the approval of the Ross Consulting Contract. The Council felt that the contract needed to be clarified. Councilman Miller moved to authorize up to $15,000 to be expended within the next ninety days contingent on a better formula. The motion was seconded by Councilman Davis and was unanimously carried. The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #9. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for October 11, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for October 11, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilwoman Harrison moved approval of the September 27, 1988 Council Meeting Minutes. The motion was seconded by Councilman Connell and was unanimously carried. Items under other business: Norm Wood stated that the Town of Minturn had requested that Avon provide them with the :use of Avon's Building Inspector services. Be it noted that Minturn's building inspector had resigned. Mr. Wood recommended that Council give authorization to provide Minturn the service for 1/2 day a week on a fixed time at a direct cost of $325.00. He stated that it may need to be expanded to two 1/2 days per week at a cost of $650.00 per month. Councilman Watkins so moved. The motion was seconded by Councilman Miller and was unanimously carried. -4- 0 r Mr. Wood stated that he was notified that Eagle County-. was preparing for their Highway Department Improvements program. He stated that in the past, one of the projects that Avon always requested be recognized was the separated grade crossing at Avon Road. It was agreed to continue to keep this concern project in front of the Highway Department Improvements program. The Council agreed that being the General and the Municipal Elections fall on November 8, 1988, the Town Council Meeting would be scheduled for Wednesday, November 9, 1988. There being no further business to come before the Council, Councilman Watkins moved to adjourn. The motion was seconded by Councilman Miller. The meeting was adjourned by Mayor Nottingham at 9:50 P.M. SPE FULLY S ITT FD: Patricia oyle, Tow Clerk -5-