TC Minutes 08-12-1997`J
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 12, 1997 - 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 5:32 PM.
A roll call was taken with Councilors Jim Benson, Richard Carnes,
David Gilman, Bob McIlveen,,Buz Reynolds, Jr., and'Mayor Protem
Judy Yoder present. Also present were Assistant Town Manager
Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn,
Director of Recreation Meryl Jacobs, Special Events Coordinator
Dana Maurer, Police Chief Gary Thomas, Fire Chief Charlie'Moore,
Town Engineer Norm Wood, Director of Community Development Mike
Matzko, Planner Karen Griffith, and Administrative Assistant
Jacquie Halburnt, as well as members of the'press;and public.
Citizen Input: Summerfest Update
Special Events Coordinator Dana Maurer reviewed the Avon
Summerfest special event to be held Saturday,_August 23, 1997.
Ordinances:
Second Reading of Ordinance No. 97-8, Series of 1997, AN
ORDINANCE REZONING LOT 46, BLOCK 2, BENCHMARK AT.BEAVER CREEK
SUBDIVISION FROM RHD TO PUD AND ESTABLISHING A PUD DEVELOPMENT
PLAN FOR LAKESIDE TERRACE FOR 24 TIMESHARE UNITS AND 6
RESIDENTIAL CONDOMINIUMS, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Fawcett announced this is a public hearing.
Director of Community Development Mike Matzko reviewed the
Ordinance. Matzko stated the reason for the PUD is to allow a
change of use, from the permitted uses under RHD, to timeshare.
Timeshare is considered a separate use within the Town of Avon.
Matzko reminded P & Z reviewed this application and conducted a
public hearing. A motion to approve the project failed. Council
approved this Ordinance on first reading and asked P & Z to
clarify it's action. Matzko added at the August 5th,meeting P &
Z clarified that the motion for approval did not pass primarily
because of concerns expressed during the public hearing about
parking and traffic generated by the proposed time share. P & Z
clarified that the design was not at issue. Matzko reiterated
that P & Z did not intend to deny the project, they just wanted
to.make sure of the parking and traffic issues were addressed.
Matzko informed the applicants have signed an agreement.
Mr. Harvey Deutsch, attorney and owner of Lakeside Terrace,
informed they have reached an agreement with Beaver Creek West
Homeowners' Association with regards to parking and traffic
during the marketing period of Lakeside Terrace. The document
was signed by everybody today. Larry Doll will be the one
marketing this project, as well as Falcon Point._ During the
period of marketing, Mr. Doll committed to use van transport as
there will be no parking on the actual site during development.
Mr. Deutsch reviewed Mr. Doll's timeshare parking analysis. Mr.
Deutsch reviewed the agreement between Lakeside Terrace and
Beaver Creek West. Mr. Deutsch added they plan to start
construction late September / early October.
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Mayor Fawcett asked for any public input. Hearing no one, Mayor
Fawcett asked for questions or action from Council.
Councilor Benson motioned to approve on second reading Ordinance
No. 97-8, Series of 1997. Councilor Gilman seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 97-9, Series of 1997, AN ORDINANCE
AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE BY ADDING SECTION
10.04._090 RELATING TO PENALTY ASSESSMENT NOTICE FOR TRAFFIC
INFRACTIONS
Town Attorney John Dunn reviewed Ordinance 97-9. The Ordinance
will allow a person to pay a penalty assessment ticket, prior to:
an appearance date, with an automatic point reduction. This will
reduce court time.
Councilor Benson motioned to approve on first reading, Ordinance
No. 97-9, Series of 1997. Councilor Yoder seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Resolutions:
Resolution No. 97-43, Series of 1997, A RESOLUTION IN
APPRECIATION OF DAVID GILMAN
Mayor Fawcett read Resolution No. 97-43 in its entirety.
Councilor Yoder motioned to approve Resolution No. 97-43, Series
of 1997. Councilor Reynolds seconded the motion.and the motion
carried unanimously.
Resolutions:
Resolution.No. 97-44, Series-of 1997,,A RESOLUTION DIRECTING:THAT
A CERTAIN BALLOT QUESTION BE VOTED UPON AT THE ELECTION TO BE
HELD NOVEMBER 4, 1997
Town Attorney John Dunn stated this Resolution-would.,extend on~an
indefinite basis the approval of the voters given in 1994'to "de-
Bruce" spending and revenue raising measures. The affect of the
1994 Resolution and the affect of Resolution No. 97=44 was and
would be to permit spending to increase as revenues increase and
make it unnecessary to give back those additional tax revenues
which otherwise is required under the "Bruce" Amendment 1.
Mayor Fawcett understood this ballot issue will not increase
taxes, it will not impose any new taxes, in any way.
Councilor Benson motioned to approve Resolution No. 97-44, Series
of 1997. Councilor McIlveen seconded the motion and the motion
carried unanimously.
New Business:
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Approval of Intergovernmental Agreement to participate-in a
Coordinated Election with Eagle County, November- 4, 1997
Town Clerk Patty Lambert reviewed the Intergovernmental
Agreement.
Councilor McIlveen motioned to approve the Intergovernmental
Agreement to coordinate the election with Eagle'County.
Councilor Benson seconded the motion and the motion carried
unanimously.
Consent Agenda:
a.) Approval of the July 22, 1997 Council Meeting Minutes
b.) Resolution No. 97-45, Series of 1997, A RESOLUTION APPROVING
AND ACCEPTING THE WATER MAIN EXTENSION INSTALLED AND
CONSTRUCTED IN ACCORDANCE WITH COST RECOVERY AGREEMENT FOR
BROOKSIDE PARK P.U.D. AND ESTABLISHING WARRANTY PERIOD FOR,
SAID WATER MAIN EXTENSION
c.) Resolution No. 97-46, Series of 1997, A RESOLUTION AMENDING
THE 1997 BUDGET
d.) Approval of Zucker Systems Contract for consulting services
for the community development department
e.) Approval of Colorado West Advertising & Publishing Contract
for recreation center advertising in the Vail Valley
Magazine
f.) Approval of Legacy Communications, Inc. Agreement for two
way radio equipment
g.) Approval of Fireline Communications Agreement for report
writing instructor services
h.) Financial Matters
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,-Gilman moved
to adjourn. The motion'was-seconded by Councilor'Yoder. The
meeting was adjourned by Mayor Fawcett at 6:05 PM.
PECTFULLY SUBMITTED:
Patty Lamb
Town Clerk
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