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TC Minutes 12-10-1996r~~9 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD DECEMBER 10, 1996 - 5:30 P.M. A 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 Jack Fawcett at 5:35 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, David Gilman, Bob Mcllveen, Buz Reynolds, Jr., and Judy Yoder present. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Fire Chief Charlie Moore, Director of Recreation Meryl Jacobs, Planner,Karen Griffith, Director of Community Development Mike Matzko, Administrative Assistant Jacquie Halburnt, and Finance Director Scott Wright, as well as members of the press and public. Citizen input: a.) Appeal of P & Z Decision / Retaining Wail Variance Lot 37, Block 3, Wildridge Subdivision (Fred & Flora Hiller) b.) Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block 3, Wildridge Subdivision (Charles Sawyer) c.) Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block 3, Wildridge Subdivision (Alison Sawyer) No one was present representing the appellants or the applicant. Town Planner Karen Griffith informed the appellants requested a continuance to January 28th. The reason is that the appellants have tried to settle the case by purchasing the adjacent property. The applicant has agreed to the continuance of January 28th. Councilor Benson motioned to table the appeal until the second meeting in January for Council. Councilor Gilman seconded the motion and the motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-20, Series of 1996, AN ORDINANCE CONCERNING GENERAL OBLIGATION BONDS OF THE TOWN OF AVON, COLORADO (THE "TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN'S GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,500,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, ERECTING AND INSTALLING ROUNDABOUTS AND TRAFFIC IMPROVEMENTS; PROVIDING DETAILS CONCERNING THE BONDS, THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BONDS; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Mayor Fawcett announced that this is a second reading of the Ordinance, therefore a public hearing. Finance Director Scott Wright introduced David Bell, with Hanifen Imhoff, to detail the commitment for selling the bond. Mr. Bell stated the bonds were sold last Thursday and noted it was very good timing. Interest came in well below what was projected. Bonds will be settled the 14th of January. Mayor Fawcett asked for any further public input. Hearing no public input, Mayor Fawcett asked if Council would like to take some action. Councilor Gilman motioned to adopt on second reading Ordinance No. 96-20, Series of 1996. Councilor Yoder seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-21, Series of 1996, AN ORDINANCE ENACTING RULES AND REGULATIONS RELATING TO THE TOWN'S WATER SUPPLY SYSTEM AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF Mayor Fawcett announced, being the second reading, this is a public hearing. Town Attorney John Dunn stated the purpose of this Ordinance is to place in ordinance form the water rules and regulations which previously were adopted by Avon Metropolitan;District and, then were adopted by the Council on motion earlier in the year, when the Council assumed responsibility for provision of water supply within the town. There were no changes made upon first reading and the matter is ready for final action. Mayor Fawcett asked for any public comments. Hearing no one, Mayor Fawcett asked Council for comments. Councilor Yoder motioned to approve on second reading Ordinance No. 96-21,.Series of 1996. Councilor Benson,seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-22, Series of 1996, AN ORDINANCE ENACTING REGULATIONS RESPECTING SIDEWALKS; PROVIDING FOR THE ASSESSMENT OF THE COST OF THE CONSTRUCTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Town Attorney Dunn stated the purpose of this proposed Ordinance is to place in effect,a method whereby the Town can require the construction or repair of,sidewalks. If, the property owner fails to take action at the request of the Town, the Town may then do the work itself and assess the cost. Discussion followed on those properties that already have sidewalks and those that don't. Acting Town Manager Brooks noted Staff's recommendation, to the Council, is that'we start to look at ways that we can expedite those in-fills-through road improvements and streetscape development. The Town needs to put those in and find a way to work through the program. Councilor Benson motioned to adopt on first reading Ordinance No. 96-22, Series of 1996. Councilor Yoder seconded the motion. Mayer Fawcett called for a roll call vote. The motion carried unanimously. 2 Ordinances: First Reading of Ordinance No. 96-23, Series of 1996, AN ORDINANCE AMENDING CHAPTER 5.08 OF THE MUNICIPAL,CODE OF THE TOWN OF AVON AS IT RELATES TO MEETINGS OF THE LOCAL LICENSING AUTHORITY Town Attorney Dunn noted this is a housekeeping Ordinance. Town Clerk Patty Lambert mentioned some time ago that the present Ordinance provides that meetings of the Local Liquor Licensing Authority shall be held on the fourth Tuesday of each month. It has been the practice to have meetings of the Liquor Authority at any time the Council is in session. Councilor Gilman motioned to adopt on first reading Ordinance No. 96-23, Series of 1996. Councilor Benson seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-24, Series of 1996, AN ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO POSSESSION OF DRUG PARAPHERNALIA; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Police Chief Gary Thomas informed currently there is no Ordinance on the books regarding drug paraphernalia. Any charges relating to drug paraphernalia must go to Eagle County court, including misdemeanor cases. Police Chief Thomas presented information and pictures of drug paraphernalia from the Internet. Councilor Benson motioned to approve on first reading Ordinance No. 96-24, Series of 1996. Councilor Yoder seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-25, Series of 1996, AN ORDINANCE APPROVING A PUD DEVELOPMENT PLAN FOR AVON MARKET (LOT 22, TRACTS A AND B, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION) TOWN OF AVON, EAGLE COUNTY, COLORADO, LOCATED EAST OF BEAVER CREEK BOULEVARD Director of Community Development Mike Matzko stated Ordinance No. 96-25 is an Ordinance rezoning from shopping center to commercial PUD Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek. This is a mixed use project. It includes commercial, office, retail, other services, restaurant, and residential condominiums. On November 19th, P & Z reviewed the project, held a public hearing, and advised the applicant to address three main concerns; 1.) access to, through, and within the site, 2.) the amount of parking, and 3.) number of affordable housing units. The commission tabled the application. The applicant returned to P & Z's December 3rd meeting with a revised plan and some information supporting their parking configuration. At that time P & Z reviewed the project and recommended approval to the Town Council. 3 rla4 . w. Matzko continued, the applicants have agreed to provide 8 housing units, which meet the County standards for affordable housing. Deed restrictions may be reviewed for those affordable housing units. The parking, as shown on the plan, does not conform to the nominal requirement in the Town's municipal code. Mr. Tom Braun, representing the applicant, outlined the project- Paul, the architect with OZ Architecture, reviewed the project. Questions of council followed. Highlights of discussion were: - currently the plan is for 80 residential units and will probably decrease as the plan develops - currently one parking space per residential unit is reserved underground / the other underground spaces will be allocated to retail and office - there are no time restrictions for parking - the project is intended to be built all at once with construction start date of March/April and a Thanksgiving completion date retail 'space is intended to be leased 17 parking spaces are allocated for the chapel Mr_ Leo Palmos stated he made the commitment of 50% discount from the market rate, to the Chamber, for 5-10 years and noted they are still negotiating. Mr. Palmos added Wal-Mart is very happy with the plan. Councilor Benson motioned to approve on first reading Ordinance No. 96-25, Series of 1996. Councilor Yoder seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Resolutions: Resolution No. 96-57, Series of 1996, A RESOLUTION CANCELLING A REGULARLY SCHEDULED COUNCIL MEETING Town Clerk Lambert noted this Resolution will cancel the regularly scheduled council meeting of December 24, 1996, Christmas Eve. Councilor Benson motioned to approve Resolution No. 96-57, Series bf.1996. Councilor Yoder seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 96-58, Series of 1996, A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1996, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO FOR THE 1997 BUDGET YEAR (MILL LEVY) Finance.Director Scott Wright informed the assessed valuation for the Town is $66,896,320 an approximate 2.5% increase from last year. The general operating mill remains the same at 11.456 and the debt service mill will increase to 11.329, up from 8.823 due to the passage of the roundabouts. Councilor Yoder motioned to approve Resolution No. 96-58, Series of 1996. Councilor Benson seconded the motion and the motion carried unanimously. 4 Resolutions: Resolution No. 96-61, Series of 1996, A RESOLUTION APPROVING THE PRELIMINARY PLAN K9D FINAL PLAT OF THE.CONDOMINIUM MAP OF AVON COMMERCIAL CENTER, LEVELS 1 & 2, LOT A, BLOCK 2, AVON CENTER AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO Mayor Fawcett announced this is a public hearing. Director of Community Service Matzko stated this is unusual; the original plat does not reflect the property as it stands today. The Resolution will reflect the current property. There is no new development; this is a correction. Councilor Gilman motioned to approve Resolution No. 96-61, Series of 1996. Councilor Reynolds seconded the motion and the motion carried unanimously. Mayor Report: Mayor Fawcett announced Bill Efting has accepted the employment proposal for Town Manager. January 6, 1997 is the tentative arrival date of Mr. Efting. Other Business: Councilor Yoder thanked Acting Town Manager Larry Brooks for the great job that he has done and his continued support the last few months. Council and Staff applauded Acting Town Manager Brooks' efforts. Acting Town Manager Brooks thanked the staff for their support and thanked the council for their trust. Acting Town Manager Brooks noted this has been the largest, biggest and most exciting learning experience of his life. And, he will continue to serve the Town in any way he can. Consent Agenda: a.) Approval of the November 26, 1996 Council Meeting Minutes b.) Vail Valley Foundation Agreement c.) 1st Bank / Addendum to Commercial Credit Card Account Agreement d.) Recreation Dept. / Holiday Party / DJ Contract e.) Recreation Dept. / Band Contract for 4th of July f.) HVAC Maintenance Agreement for Municipal Building g.) Joint Use Agreement with Eagle County School District RE-50J h.) Approval of Fire Contracts; Beaver Creek Metro, Lake Creek Metro, Bellyache Ridge Metro, Arrowhead Metro, Eagle-Vail Metro, Pilgrim Downs Homeowners Association, Berry Creek Metro, Edwards Metro, Bachelor Gulch / Smith Creek Metro, Cordillera / Squaw Creek Metro i.) Mayor's Breakfast / Contract with Christie Lodge j.) 1997 Public Improvements - Lot 16 Park & Paving and Sidewalk Construction Agreements with Winston Associates & Intermountain Engineering k.) Resolution No. 96-59, Series of 1996, A RESOLUTION AMENDING A DEFERRED COMPENSATION PLAN 1.) Intercare Health Plan / Administrative Service Agreement m.) Water Service Agreement n.) Resolution No. 96-60, Series of 1996, A RESOLUTION APPROVING AND ACCEPTING THE WATER MAIN EXTENSION INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION PUD, AMENDMENT NO. 2 AND ESTABLISHING WARRANTY'PERIOD FOR SAID WATER MAIN EXTENSION o.) Financial Matters 5 Councilor Yoder motioned to approve the Consent Agenda. Councilor Benson seconded the motion and the motion carried unanimously. There being no further business to come before Council, Mayor Fawcett called for a motion to adjourn. Councilor McIlveen moved to adjourn. The motion was seconded by Councilor Reynolds. The meeting was adjourned by Mayor Fawcett at 7:00 PM. PECTFULLY SUBMITTED: Patty Lam ert, CMC Town Clerk 6 p