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TC Minutes 06-13-1989• 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD JUNE 13, 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 Municipal Services Larry Brooks, Chief of Police Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Dick Parchini with the Colorado Department of Health approached the Council. Mr. Parchini updated the Council on the clean-up of the Eagle Mine. He discussed the dust issues; the health issues, some of the construction activities that were proceeding. He stated that Eric Edeen and Dr. Steinberg were invited to Denver at the Health Department to discuss the health impacts concerning residents and children of the Minturn Middle School. Mr. Parchini stated that he had notified Bill Sweeney, Town Manager of Minturn and Gary Hendrix of the Eagle County School District about air monitoring, during the winter,off-season and then during the construction activities, especially with the heavy metals in the tailings. He was also working with Bill Sweeney on increasing the frequency in metal analysis in their Town water supply. He stated that the deadline for the clean-up was 1993. Discussion followed. Mr. Parchini stated that he would be reporting regularly to the Council on the progress of the clean-up either in person or in writing. The Mayor thanked Mr. Parchini for his presentation. Peter Jamar approached the Council. He gave an update report on the progress of the Master Plan. He stated that they were in the middle of Phase I, which was data inventory. They would like to schedule a joint work session with the Planning and Zoning Commission on June 27, 1989 to review the initial base mapping, and to discuss some of the issues and would like input from the Commission. i • Phase II would be the discussion of Goals and Policies. He stated that a public meeting would probably be scheduled in about six weeks. The Mayor thanked Mr. Jamar for his update progress on the Master Plan. There being no further discussion, the Mayor closed the Citizen Input portion of the agenda. First 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 John Dunn stated that all of the Estoppel Letters have been received. He recommended that Ordinance No. 89-7, Series of 1989 be adopted on first reading. He stated that the Ordinance would repeal the additional 1% transfer tax on time-share. He stated that it would also repeal the Ordinance that was adopted at the end of December in respect to the decision of District Court of Ordinance No. 88-14, which imposed a tax on occupancy. Councilwoman Harrison moved approval of Ordinance No. 89-7, Series of 1989 on first reading. The motion was seconded by Councilwoman McRory. 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. A copy of said Ordinance would be sent to Michael Clowdus. First reading of Ordinance No. 89-8, Series of 1989, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. Mr. James recommended that the ordinance be tabled until all the document information was received for this ordinance. Councilman Stovall moved to table Ordinance No. 89-8, Series of 1989. The motion was seconded by Councilwoman Harrison and was unanimously carried. Resolution No. 89-16, Series of 1989, A RESOLUTION TO AMEND THE 1989 TOWN OF AVON BUDGET. Mr. James stated that the Town Council authorized certain purchases. This resolution authorizes those expenditures. Master Plan; $80,000; New Bus; $155,540. The amended budget would reflect these expenditures. Councilman Bennett moved approval of Resolution NO. 89-16, Series of 1989, which amended the 1989 Town of Avon budget. The motion was seconded by Councilman Reynolds and was unanimously carried. -2- • • Resolution NO. 89-17, Series of 1989, A RESOLUTION APPROVING THE FINAL PLAT AND RESUBDIVISION OF LOT 12, BLOCK 1, EAGLEBEND SUBDIVISION, FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that Lot 12, Block 1, Filing #1,Eaglebend Subdivision was submitted for review and approval. The purpose of the proposed subdivision was to divide a duplex lot in conformance with a duplex that was constructed on that property. He stated that the Plat had been reviewed at the staff level and found it to be in conformance with the regulations for a duplex subdivision and recommended approval of resolution No. 89-17, Series of 1989, subject to: 1. Complete and execution of all certificates in a manner satisfactory to the Town Attorney prior to filing with the Clerk and Recorder of Eagle County. Councilman Bennett moved approval of Resolution No. 89-17, Series of 1989 subject to: 1. Complete and execution of all certificates in a manner satisfactory to the Town Attorney prior to filing with the Clerk and Recorder of Eagle County. The motion was seconded by Councilman Reynolds and was unanimously carried. Resolution No. 89-18, Series of 1989, A RESOLUTION REPEALING RESOLUTION NO. 84-38. After some discussion, Councilwoman McRory moved approval of Resolution No. 89-18, Series of 1989. The motion was seconded by Councilwoman Harrison and was unanimously carried. A copy of said resolution would be sent to Haselden & Associates Construction. Next on the agenda was the procedures for the Hot Air Balloon request. Mr. Brooks stated that the Council had requested that he return with a proposed temporary recreation permit for Hot Air Balloons. He stated that the four major concerns for this activity were: 1. Insurance certificates 2. Land Owners permission 3. FAA approval for light air space both at the STOLport and the Eagle County Airport. 4. The signing of an Indemnification hold harmless clause. The Town would have the flexibility to withdraw any permit due to any unforseen matters. After some discussion, Councilwoman Harrison moved approval to adopt the procedures for the Hot Air Balloon Temporary Recreation Permit. The motion was seconded by Councilwoman McRory and was unanimously carried. -3- • • The completion of exterior work on the Peregrine Project was discussed. Mr. Wood stated that he was unable to locate any provisions in the current Municipal Code which would allow the Town to force completion of only exterior painting and landscaping of the Peregrine Project. He stated that Chapter 8.30 of the Code regarding abandoned buildings, did provide a means for forcing completion of the building. As currently written it required that "completion of the building in compliance with all applicable requirements of the Code and issuance of a Certificate of Occupancy". He stated that under this procedure, if the owner of the building did not voluntarily complete the building, the Town would be required to complete the building and the cost would be assessed against the property as a lien. It may be possible to revise the Code to require only the completion of exterior work and landscaping to abate the nuisance of unfinished buildings. It should lessen the potential financial requirements placed on the Town if the project was not completed by the property owners. The notice provision was sixty days to abate the nuisance. Discussion followed. Councilman Davis moved to direct staff to proceed with the notification. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Bennett moved approval to adopt-a-highway program within the Town's corporate limits. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilman Davis moved to direct staff to look into placing the Town's Logo on the Adopt-a-highway sign. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Bennett moved to direct staff to s Application for the Boat Docks. The motion woman Harrison and was unanimously carried. proceed with the Grant was seocnded by Council- The cross access between "The Annex' and the "Avon Market Center" would be placed on the next regular council meeting agenda. This was recommended due to the lack of the agreement that was not submitted. The stairway between City Market and the Avon Market Center was discussed. Mr. Brooks indicated that he would be hearing from the people from City Market and Wal-Mart next week on this project. -4- • 0 The Mayor stated that the Governor and his Cabinet would be visiting Eagle, Pitkin and Garfield counties on July 26th and 27th. The Mayor indicated that it may be the proper time to approach the Governor and see if Avon could have his support on the railroad crossing, and possibly have Dan Williams present at that time. Councilman Davis agreed. The Mayor indicated that Governor Romer was still striving to fill positions on his Cabinet with qualified people from any District for various schedule of duties. This was the second request. No action was taken. The Financial Matters were next presented to the Council. Councilwoman Harrison moved to receive #1 through #10. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for June 13, 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for June 13, 1989. The motion was seconded by Council- man Reynolds and was unanimously carried. Councilwoman Harrison moved approval of the Council Meeting Minutes of May 23, 1989 as presented. The motion was seconded by Councilman Stovall and was unanimously carried. Under other business, Mr. Dunn referred back to the discussion of the procedures that would be required for a petition for Special Improvement District for the Separated Grade Crossing. He stated that this could be initiated by the Board of County Commissioners, but if more than 500 of the property owners protested, it would put an end to the issue, but it could work the other way, it could be initiated by a petition of more than 500 of the property owners. Mr. Dunn stated for a Metro District, an election had to be held, but with a Special Improvement District, it was just a matter of a resolution and the full 50% of the property owners to petition. No action was taken. -5- Councilman Davis discussed Beaver Creek east, and Beaver Creek Circle. He stated that this corner should be looked at. The traffic level was continually getting heavier, and there was a problem at that intersection. He suggested that the Town pursue to either acquire, condemn, to be able to take a portion of that land, and to straighten out that road. It was a much needed improvement. Councilman Davis asked that Mr. Wood meet him at the concerned corner to discuss this matter further. The Mayor agreed and ask that Council receive a recommendation from the engineer. The Town Manager requested that the Council retire into executive session on a personnel matter. There being no further business to come before the Council, Council- woman Harrison moved to adjourn into executive session. The motion was seconded by Councilman Bennett. The meeting was adjourned into executive session by Mayor Nottingham at 9:14 p.m. PFZTFULLY SUBMITTED: atricia J . /)Doylo , Town C -6- APPROVED: