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TC Minutes 06-09-1987L~ • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 9, 1987 - 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 7:46 p.m. A roll call was taken with Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Councilwoman Harrison was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks and Recreation, Larry Brooks, as well as, members of the press and public. The Mayor called for Citizen Input. Jim Porter, Managing Partner of Avon,'66, and a private land owner, approached the Council. Mr. Potter was concerned with the re-assessment that was done in Avon by the County Assessor's office. Mr. Porter stated that there were two sales in Avon in 1984; 1) was the sale by Don Chaplin to Nick Marsh; 2) was the 1ST Bank of Avon site. He stated that both of those sales were over $24.00 a square foot. He stated that both the County Assessor and the County Appraiser had stated that all the land in the commercial area, south of the Interstate had an actual value in 1984 of $24.00 a square foot. Mr. Porter stated that his lot,which was less than a half an acre, increased by 12.3 time(1,233o). He was requesting that possibly the Council could help the land owners in Avon to protest this kind of increase. He stated that there would be no way he could sell his property for what the Assessor had assessed it for. The Mayor felt too, that his property should not have increased by 4540, and he also was protesting. The Town Attorney stated that two sales does not make a market. Councilman Davis felt that there were two issues; 1) was the actual re-assessment and values that were being put on the properties; 2) was the new system of the way the appraisals were being done. He stated that if Council could come up with a solution or a positive suggestion, that possibly using current values, and if there was a consensus of the Council, that the Town could possibly join in to look at both of those issues. Councilman Davis strongly recommended that the Town put in the time and energy as they had in the water issue, and make sure to do a research, and if there was something the Town could do, then go ahead and proceed. The Council agreed. The Mayor thanked Mr. Porter for coming. i r First reading of Ordinance No. 87-12, Series of 1987, AN ORDINANCE CONCERNED WITH DEFINING THE TERM "MOTOR FUEL DISPENSING", INCLUDING THE :USE OF PROPERTY FOR "MOTOR FUEL DISPENSING" IN THE SC ZONE DISTRICT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Norm Wood stated that Ordinance No. 87-12 had been prepared per Town Council's direction at the May 26th Council Meeting. The Ordinance would allow the dispensing of Motor Fuel in the SC(Shopping Center) Zone District as a Special Review Use. A public hearing had been scheduled for June 16th, but due to the lack of the public notice being posted, the Planning and Zoning Commission would hear this request at the July 7th meeting. Mr. Wood stated that if Council wished to expedite action on this ordinance, appropriate action would be approval on first reading at the June 9th Council Meeting. There was concern by the Council of approving the ordinance on-first reading before the Planning and Zoning Commission had reviewed and discussed the ordinance. Mr. Wood stated that Council had dealt with this type of request before and could be done either way. The Town Attorney requested that under Section 3, subsection C be deleted. This section read as follows: "The Town Attorney shall, immediately upon such violation being called to his or her attention, institute injunction, abatement or other appropriate action to prevent, enjoin, abate or remove such violation. Such right of action shall also accrue to any property owner who may be especially damaged by any violation of this zoning code". Mr. Dunn felt that in today's world, and with municipalities being sued, that it was unwise to make an incumbent of any Official of the Town, have to do something in case of a violation. The Town Attorney stated that the wording was in the violation provision of the zoning code also, and recommended that Council direct the Town Attorney to draft an amendment to delete this wording from the Code. The Council agreed. After discussion, Councilman Connell moved to table Ordinance No. 87-12 until the Planning and Zoning Commission could review the ordinance. The motion was seconded by Councilwoman McRory. Councilman Watkins had concern that when this ordinance was posted, that every attempt be made to give the public notice as to what was going to happen, or what was anticipated, so that the Council would not end up with a lot of opposition. Mark Donaldson, architect for the project, stated that with the building season being so short, he would request that Council consider adopting the ordinance on first reading as to expedite the procedure. He stated that the Planning and Zoning Commission was supportive of the proposed ordinance. The Mayor stated that he did not have a problem of approving the ordinance on first reading before the Planning and Zoning gave their recommendation. The Mayor called for a vote on the motion to table the Ordinance. The Council denied the motion to table. The Mayor stated that the motion was up for consideration. Councilman Davis moved approval of Ordinance No. 87-12, Series of 1987 on first reading with the deletion of paragraph "C" in Section 3 of the ordinance. the motion was seconded by Councilman Miller. -2- • • Those Councilmembers voting aye were Steve Miller, Clint Watkins, Al Connell and Jerry Davis. Those Councilmembers voting nay were Gloria McRory. The motion carried with Councilwoman McRory opposing. The possibility of space for a Information Booth on that site of the convenient store was discussed. This matter was brought up at the May 26th meeting. Mr. Donaldson stated that it was a very well received idea. He stated that he would contact Kevin Payne and would pursue the matter. The Town Attorney's report was next on the agenda. Mr. Dunn was requesting some direction from the Council. He reviewed the PPL Litigation - Magnet Bank and their cost overruns - the Town and Tyree & Associates as third party defendents. He stated that on the 30th of June, there would be a Settlement Conference before the U.S. Magistrate in Denver. He stated that he was required by Order of the U.S. Magistrate to submit to him before the Settlement Conference what the position the Town was with respect to Settlement. The Council agreed not to offer them anything. Councilman Watkins suggested that the Town would settle if the attorneys fees were paid. Mr. Dunn reported on the Wilson/McAdams Appeal. He stated that Oral Argument Appeal was scheduled at the Colorado Court of Appeals on Monday, June 15, 1987. He felt confident that the Town would prevail. Joe Olson stated that in a recent Trial in Municipal Court, Judge Allen determined that there was a problem with the Marijuana Ordinance and requested that it be amended. After discussion, Councilman Miller authorized the Town Attorney to draft an amendment to Section 9.16.060 of the Municipal Code that would meet with the Colorado State Laws. The motion was seconded by Council- woman McRory and was unanimously carried. The E-911 phone system was discussed. Councilman Miller moved to authorize the Town Attorney to prepare an ordinance for Council's consideration for the direction of the E-911 issue that Mr. Olson has discussed. The motion was seconded by Councilman Watkins and was unanimously carried. Bill James reviewed the matter of the Bus Operations/Service with the Council. This matter was discussed at length at the May 26th Council meeting. After some discussion it was the consensus of the Council that a work session be scheduled, and that representatives from the Lodging Community, representatives from Resort Express, as well as, a representative from Vail Associates, be present to discuss this concern. Councilman Watkins requested that Council receive a break down on the costs of the service in the core area of the Town(Christie Lodge, Avon Center, Falcon Pointe/Beaver Creek West). The work session was scheduled for Tuesday, June 23, 1987 at 5:00 p.m. -3- 0 • Bill James reported on the Parking Maintenance Agreement for the Shopping Center. The Town Attorney stated that there were some revisions to the Agreement. In paragraph 18, change "terminate" to "relieve", and in paragraph 9, there would be some changes to that paragraph. The Town Attorney stated that the developers have not furnished the exhibits as yet. The Council then reviewed the site plan for the shopping center. Discussion followed. Councilman Watkins moved approval of the Parking Maintenance Agreement with the change in paragraph 18, change "terminate" to "relieve", and to include in the motion, that in paragraph 9, change to read, "That the agreement was presented is approved in substance subject to, such changes as may be agreed upon by the Mayor in connection with closing". The motion was seconded by Councilwoman McRory and was carried with Councilman Miller opposing. Bill James reported on the Strategic Planning. He presented the Council with comments that he had received from the previous councilmembers. He stated that he met with the Chamber of Commerce earlier that day, and the Chamber submitted their suggested goals and objectives for the Strategic Planning. Mr. James stated that he needed the Council's input on the matter. It was agreed that a questionaire be placed in the local papers to see if there would be any input from the general public. Bill James reported on the Public Safety Report. Mr. James stated that Avon Metropolitan District was to meet on June 17th to discuss this matter. He stated that the Avon Metropolitan District had to take the position of making the decision of whether to go with the Fire Protection Services for Avon. Mr. James was to report back to the Council at the next regular meeting. Bill James reported on the Special Events Program. He stated that the Town may consider to let the Chamber of Commerce take over the Special Events Program. The Town would move a position over to the Chamber for $12,500, and also make a contribution for the Fireworks display of $5,000, which would make the total contribution of $17,500 to the Chamber. The Chamber would be responsible for all the expenditures except for overtime. Mr. James stated that the Town would go from a base of $64,000(1987 budget)down to $17,500. Councilman Miller moved to direct the staff to draft an Agreement between the Town of Avon and the Chamber of Commerce for the Town to make a contribution to the Chamber of Commerce to provide Special Events- -the motion was seconded by Councilman Davis and was unanimously carried. -4- • i The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #10. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for June 9, 1987. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for June 9, 1987. The motion was seconded by Council- woman McRory and was unanimously carried. The minutes of the May 26th Council Meeting was next presented to the Council. Councilman Miller moved approval of the May 26th meeting minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. Al Connell reported on the TV Translator conference that he and Jim Lamont had attended. He stated that it was possible to install translators in this area, and that there were Federal Funds available. Jim Lamont stated that there was a licensing window, where they would be taking applications up to July 2, 1987. Councilman Connell was proposing that the Town apply for a license. He stated that it was a $1,200 fee for the-'.filing of five applica.tid.ns, whic would also take care of the engineering portion. Councilman Davis did not agree. He stated that they would need four or five translators for the system, which would run $1,200 for each translator. So there would be much more money involved that was anticipated. Discussion followed. Councilman Miller recommended to fund $1,200 for a license application, and not to. exceed that amount. The motion was seconded by Councilman Watkins and was carried with Councilman Davis opposing. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Connell. The meeting was adjourned by Mayor Nottingham at 10:24 p.m. -5- r ULLY SUBMITT e, APPROVED: -6-