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TC Minutes 03-28-19890 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD MARCH 28, 1989 - 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 7:37 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. 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, Fire Chief Wayne Smith, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed that portion of the agenda. Second readings of Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 were next presented to the Council. Ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF TIME-SHARE UNITS; Ordinance No. 89-3, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS; Ordinance No. 89-4, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS. These ordinances were before the Council for public hearing. These ordinances were tabled at the last Council Meeting. John Dunn stated that he had a conversation with Michael Clowdus that morning in regard to the Time-Share Agreements. Mr. Dunn stated that the one condition that they were waiting for was approval of the Falcon Pointe Agreement by FSLIC. He stated that FSLIC had indicated their approval to the Agreement. Mr. Dunn stated that they were now waiting for a letter of approval from FSLIC. Mr. Dunn stated that once they had the approval letter then both Agreements could be signed and then they would come back before the Council for specific authorization by the Council to sign the Agreements. He stated that the other aspect of the Agreement was the Appeal and the transfer of Jurisdicition of the Case back to the District Court. He stated that he had prepared a Stipulation Motion and had sent it to Michael Clowdus for approval. It would then be Filed with the Court of Appeals. Once the Court of Appeals Enters an Order on the basis of the Stipulation Motion, and once the Agreements have been signed by both parties, then it would proceed to the District Court to have the Agreements incorporated into the Decree of the Court. Mr. Dunn recommended that Council table Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 until the next meeting. Councilwoman Harrison moved to table the ordinances. The motion was seconded by Councilwoman McRory and was unanimously carried. Second reading of Ordinance No. 89-6, Series of 1989, AN ORDINANCE AMENDING SECTION 9.08.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE DEFINITION OF LARCENY; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. Art Dalton stated that this ordinance would, in effect, increase the Larceny Fee from $200 to $300. 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 further discussion, the Mayor entertained a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 89-10, Series of 1989, A RESOLUTION APPROVING FINAL PLAT AND RESUBDIVISION OF LOT 51, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Mr. Wood stated that he had received a Final Plat for the Resubdivision of Lot 51, Block 4, Wildridge Subdivision, and also a Party Wall Agreement, which was filed in conjunction with the Plat. He stated that it was a duplex lot, which a duplex had been constructed on the property. He stated that the proposed subdivision divided the duplex into a townhouse-type subdivision with each of the units being on their own. The remainder of the lot was designated as common property. He stated that the town staff and the Town Attorney has reviwed the Plat and felt it was in conformance with the minimum requirements of the Subdivision Regulations of the Town. -2- 0 He stated that this also was qualified as a Minor Subdivision which divided the lot into less than four parcels. Mr. Wood recommended consideration of the Plat as a Minor Subdivision and recommended approval. Mr. Wood then reviewed the map with the Council. He stated that the Planning and Zoning Commission granted a variance of an encroachment of 16" into the easement. Councilman Stovall moved approval of Resolution No. 89-10, Series of 1989 subject to final review and approval of the executed Plat Certificate. The motion was seconded by Councilman Bennett and was unanimously carried. Resolution No. 89-9, Series of 1989, A RESOLUTION APPROVING FINAL PLAT FOR LOT 65, A RESUBDIVISION OF LOT 65, BLOCK 2, AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK AND LOT 66, BLOCK 2, AMENDMENT NO. 6, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO Mr. Wood stated that Otis Development Company had submitted a Final Subdivision Plat for the Resubdivision of what was currently designated as Lot 65 and Lot 66, Block 2, Benchmark at Beaver Creek. He stated that the purpose of the Plat was to eliminate the existing Lot Line to allow development of the project which was proposed as "The Annex". Mr. Wood reviewed the map with the Council. He stated that the other clarification that would take place would be to provide a 50 foot wide public access easement that would cross the southerly end of the lot which would allow for a driveway to connect from Avon Road to the existing Shopping Center. Councilman Davis had concern of the 50 foot wide easement and why the staff had not addressed the issue of the parking at that area. He stated that it would be an issue if,the developer was counting on that area being parking to meet their requirments, and if,the Town was indicating that it was a street. He stated that he was not comfortable approving the project until that issue was resolved. He felt it needed to be resolved now. Discussion followed. The Mayor stated that he could see a problem if it were a thorough-fare, but he saw-it as basically to serve the two parking lots at this time. Councilwoman McRory moved approval of Resolution No. 89-9, Series of 1989 subject to: 1. Receipt of letters from appropriate utility companies including water and sewer; 2. Approving the utility easement vacation; 3. Review and approval by the Town Attorney of the executed Plat Certificate for conformance with the Town Regulations. The motion was seconded by Councilman Stovall and was carried with Councilman Davis opposing. -3- 0 The next item was not a scheduled item on the agenda. Councilman Stovall stepped down due to a conflict of interest. Mr. Wood stated that it was a request for a Resubdivision of Lot 46, Block 1, Wildridge Subdivision. He stated that it was a duplex lot and that the subdivision was very similar to the one which was just approved on Lot 51, Block 4, Wildridge. He stated that this, as yet, had not been constructed. He stated that this project was a subdivision which would allow the pre-sale of the units prior to construction. He stated that staff had not reviewed the Plat at this time. Mr. Wood recommended approval of the Plat subject to the staff and the Town Attorney reviewing the Plat and the related documents. Mr. Wood stated that a resolution would be before the Council at the next council meeting in regard to this item. Councilwoman Harrison moved approval Wildridge Subdivision subject to: 1. Review and approval by the staff resolution be drafted and approved at The motion was seconded by Councilman Councilman Stovall abstaining. of the Plat for Lot 46, Block 1, and the Town Attorney and that a the next council meeting. Davis and was carried with The Town Attorney reported on the Avon Center Mall Out-Lot. He stated that he had not received a response from Mr. Marsh as yet, and that he would keep the Council informed. Larry Brooks reported on the Softball Field on Tract P. He discussed the scheduling of the Youth Softball, Co-ed Leagues, Teen Leagues. lie also discussed and reviewed the use of the field, reservation policy and the program budget(See memorandum attached to these minutes). A resolution would be drafted and placed on the April 11th agenda amending the budget. The Cabin Expansion was next discussed. Mr. Brooks reviewed the summer and winter revenues of the Cabin for the 1986 to the end of the 1988 season. He stated that the cabin expansion included the enclosing of the porch that existed on the easterly side of the cabin and to open the wall for additional storage. He stated that he budgeted $10,000 revised in 1988, which was not used. He stated none of the money was reflected in the 1989 budget. The expansion would handle the growth concern up to five years. After some discussion it was the consensus of the Council to proceed. -4- Mr. James reported on the Public Stairway in respect to connecting City Market and the Wal-Mart area. He stated that Larry Brooks had drafted a basic design which would run approximately $4,000 for construction. He stated that Leo Palmer would contribute $1,000. Mike DeOnier stated that he would look into City Market contributing some funds to the project. Mr. James recommended that Council authorize staff to proceed this summer and that the Town match those funds, or make up the difference necessary to put in the stairs in the amount of $4,000. The maintenance of the stairs had not been addressed as yet. The stairway would be located approximately thirty feet from the Surplus Store to the west. Mr. James stated that this project was viewed as a temporary facility, a temporary solution. It would be constructed of timber-type materials. It was stated that as a condition to the Agreement that the two landowners take the responsibility of the maintenance. It was the consensus of the Council to proceed. Mr. James stated that a resolution would be drafted and brought before the Council amending the budget. The Mayor informed the Council that the Two-Forks Dam Project was vetoed by the EPA. The Financial Matters were next presented to the Council. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for March 28, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for March 28, 1989. The motion was seconded by Council- man Stovall and was unanimously carried. Councilwoman Harrison moved approval of the February 28, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman Harrison moved approval of the March 14, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. -5- r Mr. James presented the Council with petitions in regard to the TV Translator System. He asked that the Council go out and get signatures of qualified registered electors of Eagle County. He stated that they could also be land owners of Eagle County. Councilman Davis stated that there were rumors that Beaver Creek voted not to be included in the District, through a letter of exclusion. He stated that in the meantime, the Committee Members were speaking to the Boardmembers and now it appears that they will change their minds based on hearing all the facts. He stated that by April 10th there should be a united front. He stated that it was also rumored that the Vail Recreation District was going to pull out. Michael Cacioppo, Vail Town Councilman approached the Council. He stated that that afternoon the Vail Town Council, by a vote of 3 to 1, voted to send a letter to the County Commissioners opposing the Translator System. He stated that, that meant that they had ten days prior to that hearing to be of record. He stated that they may or may not oppose this when it does come down to the hearings. He stated that there was not a vote taken on whether the Vail Town Council would oppose the TV Translator District at the District Court Hearing, which would be in May. He stated that the Vail Council would call a public hearing on what the Vail Citizens thought about being included in this District. Mr. James stated that it was his understanding that basically a municipality, by petition to the Court, would be automatically excluded. Mr. Cacioppo stated that the Vail Hotels wanted to see this issue go to an election. There being no further business to come before the Council, Councilman moved to adjourn. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 8:53 p.m. -6-