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TC Minutes 07-11-1989• i MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD JULY 11, 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 R. Nottingham at 7:40 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 Community Development Norm Wood, Director of Municipal Services Larry Brooks, 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 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. There being no discussion, Councilwoman McRory moved approval of Ordinance No. 89-9, Series of 1989 on second reading. The motion was seconded by Councilman Reynolds. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing and 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. Second 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 ABONDONED BUILDING. • • John Dunn stated that the ordinance clarified the authority the Council had in connection with abondoned buildings in the Town. He stated that this ordinance authorized the Council to require that the nuisance be abated by some action of clean up of this particular building of some painting and some landscaping. Councilman Reynolds moved approval of Ordinance No. 89-11, Series of 1989 on second reading. The motion was seconded by Councilwoman McRory. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing and 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. 89-19, Series of 1989, A RESOLUTION APPROVING AN AMENDMENT TO AVON TOWN COUNCIL RESOLUTION NO. 88-27, DELETING CONDITION NO. 1, "RESIDENTIAL USE IS RESTRICTED TO A TENANT BUSINESS OF THE WOLFF WAREHOUSE, LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION". Norm Wood stated that last year an application for Special Review Use was submitted to the Planning and Zoning Commission and the Town Council to approve the use of a residential unit in the Wolff Warehouse. He stated that that Special Review Use was approved by the Town Council by Resolution No. 88-27 with the stipulation that the use of that unit be limited to an employee of the tenant business. He stated that the owner of the project has now filed an application for an amendment to thay Special Review Use to amend the approval for the use of that unit so that it would also allow the use of that residential unit for an on-site manager for the building in addition to the use by an employee of the tenant business. Mr. Wood stated that at the conclusion of the public hearing of the Planning and Zoning Commission, the Commission recommended approval of the change subject to conditions: 1. That the use of the residential unit be restricted to the employee of the landlord and no subletting of that apartment is allowed. 2. That young children between the ages of 2 and 10 be prohibited on that site because of the proximity of the traffic and hazards. 3. That this Special Review Use be reviewed the first meeting in February of 1990. Councilwoman McRory asked how they could verify that the individual was an employee of the landlord. Paul Wolff of the Wolff Warehouse approached the Council. He stated that they could verify this by a signed lease stating that the individual was an employee for the warehouse. He stated that the duties of the on- o;dte manager would be to send to Mr. Wolff, a bi-monthly report stating the conditions of the building, landscaping and maintenance of the property. -2- 0 • Mr. Wolff stated that they were trying to clean up the site such as, landscaping, installing trash enclosures and possibly installing an irrigation system. He stated that the clean up would take anywhere from 2 weeks to a month. Councilman Davis stated that the one particular business that was housed in that warehouse was probably not appropriate for that site because of the parking problems(the trucks). He stated that they need some guidance, and need to work together to try to resolve that problem at that site. Discussion followed. Councilman Stovall moved approval of Resolution No. 89-19, Series of 1989 subject to: 1. Use of the residential unit be restricted to the employee of the landlord and no subletting of that apartment is allowed. 2. That young children between the ages of 2 and 10 be prohibited on site because of the proximity of the traffic and hazards. 3. That this Special Review Use be reviewed the first meeting in February of 1990; and subject to additionally: 4. That the employee of the landlord be, infact, the on-site manager. 5. That the clean up of the site begin on or before August 1, 1989, and be substantially complete prior to September 1, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. The access between the Avon Market Center and The Annex was next on the agenda for discussion. John Dunn reviewed the history of this access between the two properties with the Council. He also reviewed the letter from Bob Stone dated June 30, 1989, a letter from Jim Arnst dated June 30, 1989, and a letter that John Dunn had sent to Michael Clowdus dated July 3, 1989. Mr. Dunn stated that as yet he has not heard from Mr. Stone. Councilman Davis stated that this needed to be resolved. He stated that so far, the Town has been taking a back seat to this matter, and felt now that it was time that the Town take the lead role. Discussion followed. Mr. James stated that basically the Town has approved the plans, and have received the agreement to have access from Avon Road to the Town's parking lot. He stated that it was time that the Town, through the authorization of the Town Council, give the message that needed to be given, that the Town wants an interconnection. -3- • • Councilman Davis stated that the Town being a neighbor of the parking lot, the Town would like their parking lot served by this access. He stated that he wanted this request in writing, and would like it resolved in the next ten days so that the interconnection could be completed. If this action was not taken then the Town would be looking at whatever legal action had to be taken. It was stated that Otis should make this connection at the appropriate time. Councilman Davis stated that there were easily enough room to make more parking spaces in that parking lot. He suggested that the Town pay for the re-location of some of those spaces along the western property line along the northerly row of parking of the westerly property line to be extended southward to add additional parking spaces, and also to allow for possibly a pedestrian walkway, to put in some curb and gutter, some landscaping, and to advise Palmer Development that this was what the Town would be willing to do to get this issue resolved. He stated that he did not approve of some one million dollars to Palmer Development to allow a monopoly on that parking lot. After further discussion, it was the consensus of the Town Council to proceed. Mr. Dunn stated that in regard to the Out-Lot Mall of Avon Center, the complaint that was filed to Mr. Buick was not answered, therefore, the Title would be transferred. Mr. James stated that the stairway between City Market and the Avon Market Center was installed. There was a request that some signage should be installed indicating the connection between the two properties. Mr. James presented a proposed Out-of-District Agreement for Fire Protection. The Agreement would basically be utilized for Bellyache Ridge and also for the Lake Creek Homeowners Association and the Lake Creek Metropolitan District. It was a standard type of agreement for Out-of-District areas, which would be utilized for 1989. Councilwoman McRory moved approval Agreement as presented. The motion and was unanimously carried. of the use of the Out-of-District was seconded by Councilman Stovall -4- s The next item before the Town Council for discussion was Special Event Funding. Mr. James had received correspondence from Ron Phillips, Town Manager of Vail, regarding Special Event Funding, which meant that, valley communities would submit their proposed event to the sub-committee of the Vail Valley Marketing Board to have the event considered. This was basically for the purpose of trying to coordinate the effort of Special Events throughout the valley to make sure there were no duplications and to try to streamline some of the events. He stated that the Board may make recommendations, but the towns, would not have to hold to that recommendation. Councilman Davis stated that if Avon wanted an event on a certain date or weekend, they would submit that to the Board so that it could be coordinated with other events. Councilwoman Harrison stated that this was an indication that this move would bring things closer to a Valley-Wide Recreation District. Councilman Stovall stated that he saw it as a clearing house for proposed events in the valley. Discussion followed. The Mayor felt it was the consensus of the Council to cooperate with the Vail Valley Marketing Board. Mr. James stated that he would request an update report of all events so as to keep the staff informed. The discussion of the Housing Authority was next on the agenda. Mr. James requested authorization for John Dunn and himself to start gathering information to see if there were any advantages or disadvantages for Avon to have a Housing Authority Board. Mr. James suggested a work session and to invite a Housing Director from the Denver area to see what the legal requirements were. The Mayor thought there were housing funds available through a Housing Authority for various types of buildings. It was the consensus of the Council to pursue this issue. Mr. James suggested that Council review the priorities of the Town's goals and to affirm the Mission Statement. He suggested possibly to establish new priorities. Mr. James would schedule a half day work session to discuss this matter. Council agreed. Mr. James reported on the railroad crossing at Avon Road. -5- • • He stated that staff had been in contact with the railroad company about the separated grade crossing. A meeting has been scheduled for July 181 1989 at 9:00 a.m. with the County Commissioners to give them an update on the discussion of the crossing. A following meeting has been scheduled for August 3, 1989 at 10:00 a.m. in the Council Chambers with the Railroad Company, Vail Associates, the County, State Highway, Town of Avon and Beaver Creek to discuss some strategies of how a separated grade crossing could be accomplished on Avon Road. Mr. James stated that in preparation of the August meeting, he requested authorization to hire the firm that conducted a preliminary analysis for that crossing some time ago. The name of the firm being Centennial Engineering. They would give the Town an update report on costs, and a funding scenerio that the Town may be able to utilize. Also, they would research, for the immediate future, a pedestrian crossing at the West Beaver Creek Boulevard tracks. Councilman Davis stated that it was critical that discussions take place with the Railroad Company on the pedestrian crossing. Councilman Davis moved approval to hire the firm of Centennial Engineering at a maximum fee not to exceed $2,500. The motion was seconded by Councilman Stovall and was unanimously carried. The Avon Entrance Sign was then discussed. Larry Brooks stated that the Sign Committee had agreed that two sites should be considered. 1. Was the improvement of the existing water falls sign on the Interstate right-of-way. 2. Was the site at the base of the east bound off-ramp, which was also in the Interstate right-of-way. He stated that it was the Committee's feeling that each of those sites would have its own distinct advantages, and both sites should be addressed in the plan for improvements and development of signs. He stated that the next step would be to hire a Design Architect to work on both of the sites and to give some input to the Committee for preliminary ideas. A preliminary estimate of $5,000 to $6,000 would be needed to achieve this work for both of the sites. Mr. Brooks stated that the Committee was not prepared to make a recommendation for one site or the other or, on any phases. Councilman Stovall asked if EDAW, Inc. were notified of this project. He stated that part of their job was to look at signage. It may be more cost effective and may be more cohesive with the Master Plan to have them involved. Mr. Brooks agreed that there would be a difference in the scope of work that EDAW, Inc. would provide, as opposed to the Landscape Architect. -6- 0 0 Mr. Brooks stated that there was some merit to possibly waiting until the Town was further into the Master Plan process to see if there was a Central theme for Avon. The Council agreed. There was no action taken. The Financial Matters were next presented to the Council. Councilwoman Harrison moved to receive items #1 through #10. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for July 11, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for July 11, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval of the June 27, 1989 Council Meeting Minutes as presented. The Town Clerk stated that there was a correction to the minutes. On page 7, paragraph 5, line 2, change "July 22 event" to "August 19 and 20 event". With that correction, Councilman Stovall seconded the motion and was unanimously carried. There being no further business to come before the Council, Councilwoman Harrison moved to adjourn. The motion was seconded by Councilman Stovall. The meeting was adjourned by Mayor Nottingham at 8:50 p.m.