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TC Minutes 06-27-19890 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD JUNE 27, 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 8:00 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 Municipal Services Larry Brooks, Sergeant Gary Thomas, Fire Chief Wayne Smith, 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 reading of Ordinance No. 89-7, Series of 1989, AN ORDINANCE REPEALING ORDINANCE NO. 88-14 AND CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE TOWN OF AVON. Mr. Dunn stated that this was adopted on first reading on June 13, 1989. He stated that at that time, all matters had been taken care of in connection with Christie Lodge Litigation. He felt it appropriate that Council approve the ordinance on second reading. The Mayor entertained a motion to bring this discussion to the floor. Councilman Stovall moved to bring ordinance No. 89-7 up for public discussion. The motion was seconded by Councilman Davis. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Councilwoman Harrison moved approval of ordinance No. 89-7, Series of 1989 on second reading. The motion was seconded by Councilman Reynolds. The Mayor called for 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. C~ • First reading of Ordinance No. 89-9, Series of 1989, AN ORDINANCE AMENDING ORDINANCE NO. 89-6 AS IT PERTAINS TO PENALTIES FOR THE VIOLATION THEREOF. Mr. Dunn stated that this was a housekeeping ordinance. He stated that Ordinance No. 89-6 which was adopted earlier that year, changed the definition of Larceny. He stated that when that ordinance was adopted the previous penalties were $500 or 90 days in jail. These penalties were inserted by mistake. He stated that Ordinance No. 89-9 corrects that error. It now would read that the penalty be $999.00 or 180 days in jail. There being no further discussion the Mayor entertained a roil 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. First reading of Ordinance No. 89-11, Series of 1989, AN ORDINANCE AMENDING CHAPTER 8.30 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE ABATEMENT OF A NUISANCE CONSISTING OF AN ABANDONED BUILDING. Mr. Dunn stated that this was also a housekeeping ordinance. Dunn stated that at the last Council Meeting there was a discussion with respect to the ordinance providing the abatement of public nuisance which was consisting of abandoned buildings. He stated that he had voiced his opinion in that, if the Council had given notice to the property owner of an abandoned building, that the Council had discretion as to the Council and the Building Official to landscape and paint the exterior to make it look finished, that it would fall within the perimeters of the ordinance. He stated that he had revised paragraph B of Section 8.30.050 of the Municipal Code, which dealt with the authority of the Town. The new language reads as follows: After the word "allowed", add, "the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed to such a degree, as in the discretion of the Building Official will accomplish abatement of the public nuisance". After the word "lien", add, "which may be foreclosed upon in the manner provided for the foreclosure of mechanics liens.' Mr. Dunn stated that he then added the sentence which read, "The amount of such lien shall bear interest at the rate of 18 percent per annum from the date of assessment until the same has been paid". There being no further discussion, Councilwoman Harrison moved approval of Ordinance No. 89-11, Series of 1989 on first reading. The motion was seconded by Councilman Davis. The Mayor entertained a roll call. -2- • • 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. 89-20, Series of 1989, A RESOLUTION GRANTING APPROVAL OF A SPECIAL REVIEW USE TO ALLOW FOR THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 8, BLOCK 3,BENCHMARK AT BEAVER CREEK SUB- DIVISION, WHICH IS LOCATED IN THE RESIDENTIAL AND HIGH DENSITY COMMERCIAL ZONE DISTRICT, TO LOT 25, BLOCK 1, BENCHMARK AT BEAVER CREEK, WHICH IS LOCATED IN THE INDUSTRIAL COMMERCIAL ZONE DISTRICT, AND TO ALLOW FOR A RESIDENTIAL USE IN CONNECTION WITH A BUSINESS ON LOT 25, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION. Mr. Wood stated that the requested Special Review Use was in conjunction with the Design Review approval which was granted by the Planning and Zoning Commission for the development of a mini storage warehouse on Lot 25, Block 1, Benchmark Subdivision. He stated that it was the desire of the developer to have an on-site manager unit in conjunction with the warehouse storage operation. In order to proceed with the request, it did require the transfer of a Residential Development Right to the site and also a Special Review Use approval to allow the use of that Residential Development Right in conjunction with the project. The Development Right would be transferred from Lot 8, Block 3, Benchmark Subdivision. At the conclusion of the public hearing of the Planning and Zoning Commission it was approved and recommended to the Town Council for approval. Councilwoman Harrison moved approval of Resolution No. 89-20, Series of 1989 subject to: 1. Any further conditions imposed through the Design Review process. 2. That the residential parking spaces will be uncovered. 3. That the dwelling unit will remain as a part of the storage facility. 4. That there be no subletting or renting of either one of the bedrooms. The motion was seconded by Councilwoman McRory and was unanimously carried. Resolution No. 89-21, Series of 1989 did not have to come before the Town Council therefore is was deleted from the agenda. Resolution No. 89-22, Series of 1989, A RESOLUTION GRANTING APPROVAL OF A CONTINUANCE OF A SPECIAL REVIEW USE TO ALLOW AUTOMOTIVE REPAIR IN THE MOUNTAIN CENTER BUILDING, UNIT B-2 ON LOT 26/27, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION. -3- Mr. Wood stated that approximately a year ago a Special Review Use was granted for automotive repair in the Shapiro Project(Mountain Center). At that time a condition of that approval was that it be brought back for review of the parking and maintenance of that area. The Planning and Zoning Commission requested that the owner submit a site plan showing how the site would be cleaned up and show how they would screen the automobiles that were there for repair and pick-up. After review of the site plan, the Planning and Zoning Commission had approved the extension of the Special Review Use and had recommended Council approval with conditions. There being no further discussion, Councilwoman Harrison moved approval of Resolution No. 89-22, Series of 1989 subject to: 1. Approval of car storage area and associated regrading as submitted with application to continue the Special Review Use. 2. The Special Review Use shall be re-evaluated at the time of application of re-development of the Lot 26/27, Block 1, Benchmark at Beaver Creek. 3. All existing and proposed disturbed areas shall be reseeded with native grasses and all approved regrading, surfacing and re-vegetation shall be complete on or before August 1, 1989. 4. That the dumpster be screened and the details of the materials and colors be brought back to staff for review and approval. 5. No additional parking be permitted outside of the intended screened area. 6. That this application be reviewed no later than July 1, 1990. The motion was seconded by Councilman Reynolds and was unanimously carried. Resolution No. 89-23, Series of 1989, A RESOLUTION REPEALING RESOLUTION NO. 89-13, WHICH WAS IN RESPECT TO THE DISSOLUTION OF THE AVON METROPOLITAN DISTRICT. Councilwoman Harrison moved approval of Resolution No. 89-23, Series of 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. The Town Attorney report was next on the agenda. Mr. Dunn stated that he had received a letter dated June 16, 1989 from John Stone, who was representing Leo Palmer of Palmer Development Company. A meeting was scheduled for Monday, June 26, 1989 with Steve Szymanski, Bill James, Bob Stone, Leo Palmer and John Dunn in attendance. Mr. Dunn stated that the status of this matter was that Palmer Development was willing to consent to the re-location of the access between the Otis property and the Town's parking lot subject to certain conditions. -4- 0 • 1. That customers of Wal-Mart and the shopping center of the Palmer Development Shopping Center be granted an un-exclusive easement to park in the Otis parking lot. Obviously, customers of the Otis Center would be allowed to park in the Town's parking lot. He stated that this was a matter of great importance to Leo Palmer because Mr. Palmer had made certain guarantees to Wal-Mart and also to his lender, with respect to the adequacy of parking. The allowing of the access would have an impact on the parking. 2. That Otis pay an amount of $10,000 per year to Palmer Development to defray the cost of maintenance to the Towns parking lot on the basis that increased traffic from the Otis Center would have an impact on maintenance. He stated that in exchange for those conditions, Palmer Development would permit the access be moved from basically halfway between the street and the store to the side of the store, and also would permit a pedestrian access point at the middle location. The requests of Palmer Development were relayed by Bill James to the Otis Group and as yet have not received a response. Councilman Davis stated that this was important to the Town for circulation purposes, and also important to all those businesses. No action was taken on this matter. Next on the agenda was discussion on the matter of Summit Films, Inc. Bill James stated that at the last meeting, Roger Brown was before the Council with a proposal regarding a two minute tag for promotion to be filmed in Avon. Mr. Brown was interested in filming the Circus when it was in Town, and was interested in filming Avon from a Hot Air Balloon with the request for additional funds. Mr. James stated requested that he needed a decision from the Town Council on whether they wanted Mr. Brown to film Avon. Councilman Davis stated that, at this time, the Vail Marketing Committe was not doing any business with Roger Brown. There was discussion of doing a marketing film which would cater more to the convention type business instead of filming the area and the events. Councilman Bennett stated that it was his recollection that Roger Brown, at the last meeting, was attempting to make amends for the lack of exposure that Avon had received for the $5,000 contribution. He stated that he was disappointed that Roger Brown was requesting more fees for filming Avon. After discussion, it was the consensus of the Town Council that they did not want to produce anymore film of Avon this year. Councilman Reynolds had a concern of the lot at the corner of Hurd Lane and Avon Road. He stated that it needed to be cleaned up. Councilwoman McRory agreed. It was the consensus of the Council to have staff look into having that lot cleaned up. -5- • • Councilman Davis stated that he would like to give some direction to staff to have them work on the intersection of East Beaver Creek Boulevard and East Beaver Creek Circle. He requested that staff come back to the Council with a plan on how to obtain that property, and to see how the road could be straightened. The motion was seconded by Councilman Stovall and was unanimously carried. There was discussion of making that area of the street one way. The other major concern was the parking lot at the Benchmark Shopping Center and the congestion of traffic at that point. Councilman Davis suggested that this be looked into also. The motion was unanimously carried. Councilwoman McRory asked Mr. Brooks what the status was in regard to the stairway between City Market and Wal-Mart. Mr. Brooks stated that the stairway was on hold due to the issue of the access between Palmer Development and the Otis Group(Wal-Mart and the Otis Center). The Mayor report was next presented to the Council. He stated that he had presented the Council with information in regard to the Northwest Colorado Council of Governments for their information. The Mayor also stated that Dick Parachini with the Department of Health had submitted a report to the Council in regard to the Eagle Mine clean up. The Financial Matters were next presented to the Council. Councilman Bennett moved approval of the General Fund of Accounts Payable for June 27, 1989. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Bennett moved approval of the Reconiliation Sheet of Accounts Payable for June 27, 1989. The motion was seconded by Council- woman Harrison and was unanimously carried. Councilwoman Harrison moved approval of the June 13, 1989 Council Meeting minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. -6- • M Kevin Payne Executive Director of the Beaver Creek Resort Association approached the Council. He stated that the Chamber was unsuccessful in securing a major act for Summer Solstice, which he felt, the event suffered from it. He stated that they have also been unsuccessful in securing an act for the July 22nd activity. He stated that the promoters have indicated that their earlier choices for a name act for that weekend were not going to be available. The best known group that was available was known as the "New Grass Revival". He stated that the promoter however, did not feel comfortable taking the risk of this particular group. He stated that his Board felt that this should be brought before the Council and to lay out the options to see if the Town wanted to participate in some manner to insure a higher level of music. He stated that since this event gave the Chamber so many problems last year, that they were sensitive about taking too much of a risk themselves. He stated that if the Chamber took this on themselves, they would probably do a smaller scale of music and hope that the balloon portion of the event would carry it. Mr. Payne then discussed the options with the Council. Option 1 was a big one-day program. Option 2 was a lesser one-day program and Option 3 was a two-day program. He stated that this was not a request for money, but an invite to participate with the Chamber of some manner helping them underwrite a potential loss. Discussion followed. Councilwoman Harrison stated that she was not in favor of the proposal because she felt that this event was not planned properly. Mr. Payne disagreed. After some discussion, Councilman Stovall moved that the Town of Avon underwrite the Acqust 19 and 20, 1989 event up to X9,000 of a potential loss. The motion was seconded by Councilman Davis. The motion carried with Councilwoman Harrison opposing. Bill James requested that the Town Council retire into executive session in regard to a personnel matter. The Town Council agreed. There being no further business to come before the Council, Councilman Stovall moved to adjourn. The motion was seconded by Councilman Reynolds. The meeting was adjourned by Mayor Nottingham at 9:26 p.m. The Council then retired into executive session. -7- E • ctfully Submit Patricia J. /5ovl4~, To)in' Clerk -8- APPROVED: