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TC Minutes 11-22-19880 0 MINUTES OF THE REGULAR 'T'OWN COUNCIL MEETING HELD NOVEMBER 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 Pro Tem Gloria McRory at 7:35 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Jim Stovall and Jerry Davis present. Mayor Allan Nottingham and Council- woman Harrison were absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering 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 Pro Tem called for Citizen Input. There being no one wishing to be heard, the Mayor Pro Tem closed the Citizen Input portion of the agenda. Second reading of Ordinance No. 88-15, Series of 1988, AN ORDINANCE AMENDING SECTION 15.24.020 OF THE AVON MUNICIPAL CODE TO ALLOW INSTALLATION OF DECORATIVE GAS LOG SETS IN ACCORDANCE WITH CERTAIN SAFETY STANDARDS Norm Wood stated that staff was recommending that Council approve Ordinance No. 88-15, Series of 1988 on second reading to allow installation of Decorative Gas Log Sets. The Mayor Pro Tem opened the meeting for public hearing. There being no one wishing to be heard, the Mayor Pro Tem closed the public hearing. Councilman Reynolds moved approval of Ordinance No. 88-15, Series of 1988 on second reading. The motion was seconded by Councilman Davis. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 88-16, Series of 1988, AN ORDINANCE CONCERNING THE NUISANCE RELATED TO THE ACCUMULATION OF SNOW ON SIDEWALKS PUBLIC PASSAGEWAYS OR PARKING AREAS, AND MODIFYING THE GENERAL PROVISIONS FOR REMOVAL OF SAME 0 • Larry Brooks reviewed some of the changes and amendments with the Council. In Section 8.24.110-A, second line, delete the word"dangerous". In the third line, after the word "continue", add, "for more than twenty four(24)hours", and after the word "on", add,"abutting upon or adjacent to". C., is a new subsection which would read, "No person shall deposit, or cause to be deposited, any snow and ice on or against a fire hydrant". D., is a new subsection which would read, "No person shall plow, shovel, or otherwise deposit any snow upon any public way or any portion thereof. The provisions of this subsection do not apply to persons brushing or otherwise depositing any snow in the public way which has accumulated naturally upon a motor vehicle". Mr. Brooks recommended approval of Ordinance NO. 88-16 on first reading. Councilman Stovall moved approval of Ordinance No. 88-16, Series of 1988 on first reading. The motion was seconded by Councilman Bennett. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 88-18, Series of 1988, AN ORDINANCE AMENDING THE WILDRIDGE SPA PLAN BY THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION, TO LOT 23, BLOCK 4, WILDRIDGE SUBDIVISION AND THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK Be it noted that Councilman Stovall stepped down due to a possible conflict of interest. Lynn Fritzlen stated that the applicant requested a zone change to transfer one(1)unit from Lot 64 „ Block 4, Wildridge Subdivision, which currently had four(4)RDR's, to Lot 23, Block 4, Wildridge Subdivision, which currently has two(2)RDR's and also the transfer on one residential development right from Lot 64, Block 4, Wildridge Subdivision, to Lot 23, Block 1, Benchmark at Beaver Creek. She stated that the Planning and Zoning Commission had held a public hearing and that the request was approved subject to: 1. Lot 23, Block 4, Wildridge may not be fractionalized due to lack of site suitability. Ms. Fritzlen reviewed the map with the Council. Discussion followed. Ms. Fritzlen stated that Resolution No. 88-27, Series of 1988, which coincides with Ordinance No. 88-18, was requesting approval for a Special Review Use that would amend the Wildridge SPA to allow the transfer of ore residential development right from Lot 64, Block 4, Wildridge Subdivision to Lot 23, Block 4, Wildridge Subdivision, and the transfer of one residential development right from Lot 64, Block 4, Wildridge Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Subdivision subject to: 1. Lot 23, Block 4 not be fractionalized due to lack of site suitability. -2- • There was some concern of the owner of Lot 23, Block 4, Wildridge Subdivision constructing a third unit on that parcel. It was stated that the third unit would be used for storage. One of the property owners adjacent to the above parcel requested that this matter be tabled until they had received a letter from the owner indicating that the lot would not be fractionalized. Further discussion followed. The Council agreed that Ordinance No. 88-18, Series of 1988 be adopted on first reading and that Resolution No. 88-27 be tabled for further information. Councilman Davis moved approval of Ordinance No. 88-18, Series of 1988 on first reading. The motion was seconded by Councilman Bennett. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett and Jerry Davis. There were no nay votes. The motion carried with Councilman Stovall abstaining. Councilman Bennett moved to table Resolution No. 88-27, Series of 1988. The motion was seconded by Councilman Reynolds and was carried with Councilman Stovall abstaining. This matter would be discussed at the next Town Council work session. First reading of Ordinance NO. 88-14, Series of 1988, AN ORDINANCE IMPOSING AN EXCISE TAX FOR GENERAL REVENUE PURPOSES ON THE OCCUPANCY OF TIME-SHARE UNITS WITHIN THE TOWN OF AVON; PROVIDING METHODS FOR THE COLLECTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF; AND PROVIDING FOR OTHER DETAILS IN RELATION THERETO. The Town Attorney stated that the Ordinance was a re-submission of Ordinance No. 88-14 with some proposed amendments. Mr. Dunn then reviewed those proposed amendments with the Council. There being no further discussion, Councilman Davis moved to re-adopt Ordinance No. 88-14, Series of 1988 on first reading. The motion was seconded by Councilman Stovall. There was some discussion of holding second reading of this ordinance on November 29, 1988 at 12:00 noon at a Special Meeting. Council had some concerns with that request. After-some discussion, it was the consensus of the Council that second reading be scheduled for December 13,11988 at the regular meeting. -3- L J • Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 88-28, Series of 1988, A RESOLUTION DESIGNATING THE FIRE CHIEF AS THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS AND APPROVING THE EAGLE COUNTY HAZARDOUS SUBSTANCE MUTUAL AID AGREEMENT. The Resolution would approve and designate, the Fire Chief as the Emergency Response Authority for Hazardous Substance incidents. Councilman Davis moved approval of Resolution No. 88-28, Series of 1988. The motion was seconded by Councilman Bennett and was unanimously carried. Resolution No. 88-29, Series of 1988, A RESOLUTION IN SUPPORT OF U.S. WEST'S PROPOSAL FOR LOCAL TELEPHONE CALLING AREAS IN RURAL COLORADO. Be it noted that Councilman Davis stepped down due to conflict of interest. Mr. James stated that this resolution was given to Avon by the Town of Vail in respect for the Avon Town Council to consider the adoption of a similar resolution which would increase the rural calling areas. Ron Mellon, Vice President of Telephone Communications Corporation and President of Comtel Corporation, approached the Council. He stated that the resolution was misleading and recommended that Council not adopt the resolution. He stated that if approved, would not help expand area local calling for Avon. It would not help expand to the Eagle area. He stated that U.S. West does not intend to expand local calling at all in this area at no increase in cost. After some discussion, this resolution died due to lack of any action. The Town Attorney reviewed House Bill 1209(Conflict of Interest)with the Council. At the conclusion of the discussion, the Town Attorney recommended that when Councilmembers found themselves with a conflict of interest, they would merely step down. Councilman Reynolds stated that he would be resigning from the Personnel Merit Commission Board. He felt that he would have a conflict if he were to continue to set on that Commission. It was agreed that the two vacancies be advertised in the local papers. The Financial Matters were next presented to the Council. -4- 0 Councilman Stovall moved approval of Payable for November 22, 1988. The Bennett and was unanimously carried. Councilman Stovall moved approval of Payable for November 22, 1988. The Bennett and was unanimously carried. 0 the General Fund of Accounts motion was seconded by Councilman the Reconciliation._Sheet.of-.Accounts motion was seconded by Councilman Councilman Stovall moved approval of the November 22, 1988 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. The Town Council was scheduled to meet on November 29, 1988 at 11:00 to discuss a proposed recreational center, and then at 12:00 noon the Council would meet with the Christie Lodge Group in respect to Ordinance No. 88-14. Mr. James requested that Council also schedule a follow-up meeting with Chuck Schwahn to finalize the Strategic Planning for the year. This meeting would be scheduled for December 6, 1988 at 4:00 p.m. to 7:00 p.m. Council agreed. There being no further business to come before the Council, Councilman Bennett moved to adjourn. The motion was seconded by Councilman Stovall. The meeting was adjourned by Mayor Pro Tem McRory at 9:23 p.m. 5-