TC Minutes 11-13-1979r •
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD NOVEMBER 13, 1979 - 7:30 P.M.
The Regular Meeting of the Town Councilmembers of the Town of Avon, Colorado
was held in the Town Offices, second floor, Benchmark Shopping Center, Avon.
The meeting was called to order by Mayor Alpi at 7:40 P.M. A roll call was
taken with all Councilmembers in attendance with the exception of Allan
Nottingham. Also present were Town Attorney John Blish, Dick Rodgers, First
Bank of Eagle, Guy Boyer and representatives from Western Federal Savings,
Kenneth Richards, Building Administrator as well as members of the press and
public.
Minutes of October 23rd, 1979 and of the Special Meeting of October 30th, 1979
were presented to the Council. Jim Wells moved approval of the October 23rd and
30th minutes, seconded by Bill Doyle and the motion was unanimously carried.
It was requested by Jim Wells that the Town Attorney draw up a resolution
defining zoning change as was noted in the October 23rd minutes.
Bi-monthly financial reports were next reviewed by the Council. After discussion
Carol Richards moved approval of the accounts payable with deleting Scanfurn,
$208.00, deleting $220.00 for accounting services, deleting $115.00 for forms
and receipt books for the Municipal Court, deleting $89.70 for stationary for
the Municipal Court. Jim Wells Seconded the motion and it was unanimously
carried. It was requested that the Town Clerk put footnotes on all the bills
that were not put on the previous accounts payable with a brief description.
Jim Wells moved approval of the cash transaction sheet. Carol Richards seconded
the motion and was unanimously carried.
Second reading of Ordinance No.#23, "AN ORDINANCE REGULATING THE OPERATION OF
MOTORIZED VEHICLES WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS USED
HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND SETTING OUT THE PENALTIES FOR
VIOLATION HEREOF; PROVIDING FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE
PERFORMANCE OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS IN
RELATION THERETO."
John Blish, Town attorney, stated that the Ordinance No.#23 had been changed
from pages 5 through 9 in a minor way at the suggestion of Carol Richards and
others on first reading.
After some discussion Jim Wells moved approval on second reading of Ordinance
No.#23 with the correction of a typographical error on page 6. Seconded by
Dick Casserley. A roll call was taken with all Councilmembers voting yes.
( A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.)
Richard Rodgers, Vice President of the First Bank of Eagle approached the
Council. Mr. Rodgers stated that the First Bank of Eagle is interested in
bidding on any funds that the Town might have. They do invest a lot of depositors
funds in Avon and wish to continue doing so. Mr. Rodgers suggested that the
Town Council might submit some type of bid sheet on any funds and the length
of time they would like to put them out. Mr. Rodgers pointed out on a 6 month
$100,000.00 CD(Certificate of Deposit) that 13 5/8% could be offered and on a
3 month CD they could offer 13 1/4%.
After some discussion the Mayor thanked Mr. Rodgers for coming before the
Council with this information.
Vail National Bank postponed their presentation till the November 27th meeting.
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Guy Boyer, executive Vice President of Western Federal Savings in Denver, Colorado
approached the Council. Mr. Boyer discussed some of the things and problems that
are happening in the world of finance these days. Mr. Boyer stated one of the
laws that are out, The Community Reinvestment Act, (CRA) and that under CRA all
financial institutions have to designate on a map what the lending territory is.
Then when the examiners come in they go through the census tracks within the
designated area to see if they are serving the credit needs of the Community. It
was stated that they cannot lend out of these census tracks. It was also stated
that if it is not a property being purchased by the owner occupant, they are not
making loans for re-finance, no loans on commercial property. They are making
loans only to owner-occupied residents at this time.
Western Federal Savings is currently paying 142% for a 6 month CD.
After some discussion the Mayor thanked Mr. Boyer for being at the Council Meeting.
Ken Richards, Building Administrator came before the Council asking for some
guidance on some of the sections of the building code. Mr. Richards handed each
of the Councilmembers a copy of the summons that was issued to Shammrock Painting
and a copy of a list of some of the sections from the UBC. It was suggested
that the Town Attorney and the Building Administrator work together to change or
modify some of the sections of the building code. After a lengthly discussion
the matter was closed with it yet to be resolved.
First reading of Ordinance No.#24 "AN ORDINANCE ADOPTING COLORADO SENATE BILL 79;
ESTABLISHING A POLICE PENSION FUND FOR THE TOWN OF AVON AND PROVIDING FOR CERTAIN
DETAILS IN RELATION THERETO."
After some discussion Steve Erickson moved approval of Ordinance No.#24 on first
reading and set the public hearing for December 11th, 1979, in the mean time also
have the Town Administrator and Town Attorney and Police Chief work toward developing
our finding of funds, maybe presented to the Council before the second reading.
Bill Doyle seconded the motion. A roll call was taken with all Councilmembers
voting yes. ( A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.)
First reading of Ordinance No.#25 "AN ORDINANCE AMENDING ORDINANCE NUMBER 2,
SERIES OF 1979; CREATING A BOARD OF BUILDING APPEALS; PROVIDING FOR PROCEDURES
IN CONNECTION WITH THE SAID BOARD; SETTING OUT THE DUTIES OF THE BUILDING OFFICIAL,
THE TOWN CLERK AND THE TOWN ATTORNEY AND SETTING OUT ADDITIONAL DETAILS IN RELATION
THERETO."
After a lenghtly discussion steve Erickson moved approval of Ordinance No.#25 with
the following changes. Typographical on page 2, (chairperson), page 4, strike
the sentence "calling for meeting shall be held on the day of each month", that
on page 5 the last paragraph, that the Council ask the Town Attorney to amend and
clarify the voting procedures of the Board and the inclusion of a paragraph 8,
including a severability clause, that a section be added for compensating the
Members of this Board the same Meeting Fee as what the Design Review Board is
currently receiving and set the public hearing for November 27th, 1979. Dick
Casserley seconded the motion. A roll call was taken with all Councilmembers
voting yes. (A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.)
Northwest Colorado Council of Governments was next presented to the Council.
NWCCOG is asking for a contribution of a $1000,00 for the coming year which will
primarily be used for water quantity and quality trust fund. This is for Western
Slope Water. It was suggested this be put into a resolution form. After some
discussion it was suggested to plug this amount into the budget.and to get
further information on this project.
It was noted that Mr. Tom Glass be invited to come before the Council to discuss
these projects of NWCCOG.
A-95 - XII Criminal Justice Planning was nexted reviewed by the Council.
After some discussion on this project the Council action taken was to mark the
report favorable.
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It was noted by Mayor Alpi there will be a Special Meeting for the discussion
of the budget on November 20, 1979, 7:00 P.M. and a Public Hearing for the
consideration of the budget on December 4, 1979, 7:30 P.M.
There being no further business before the Council, Steve Erickson moved that
the meeting be adjourned, seconded by Dick Casserley and adjourned by the Mayor
at 11:05 P.M.
Respectfully submitted
~C\
Town Clerk
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ADDroved:
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colcrado, at 7:30 P.M. on the
13th day of November, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO. 23, Series of
1979:
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 23rd day of October, 1979.
TOWN OF AVON, COLORADO
2ow BY'
Tn Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON November 6, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
• •
ORDINANCE NO. 23
SERIES OF 1979
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENP.LTIES FOR VIOLATION HEREOF; PROVIDING'
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
FOR THE TOWN OF AVON, COLORADO, THAT:
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Section 1. Definitions.
(A) "Restricted Use Area" shall mean all
land and property, however owned, for which
persons cited under the terms and provisions of
this ordinance have not received permission from
the owner or agent for the owner of said pro-
perty, to engage in the act or acts for which
said person was cited, and such permission, in
order to constitute a defense to said citation,
must have been given prior to the date on which
such property owner or agent complained of such
acts. Further, all property belonging to the
Town of Avon shall also be considered "Restricted
Use Area" and all land zoned OLD, PRM, SPG OR
GPEH according to the Official Zone District Map
of The Town of Avon, regardless of ownership,
shall be considered "Restricted Use Area".
Roads, streets, alleys, highways, parking lots
and parking structures, regardless of ownership,
shall not be considered "Restricted Use Area".
(B) "Motorized Vehicle" shall mean any
device, which by means of any motor or engine,
whether assisted by human effort or not, operates
or is capable of being operated in such a manner
as to propel itself and/or its operator across
or upon land, water, ice or snow, and includes,
but is not limited to: all trucks, vans, auto-
mobiles, cars, dune buggies, motorcycles, motor-
scooters, mopeds, snowmobiles, boats, jet-skis,
airboats or hydrofoils.
Section 2. Prohibited Acts
No person shall park, drive, pilot or in
any manner operate any Motorized Vehicle, as
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defined in Section 1 of this Ordinance, upon or
across any Restricted Use Area within The Town
of Avon. Neither shall any person. be a passenger
upon, on or in any motorized vehicle or upon, on
or in any conveyance parked, drawn, pulled, pushed
or otherwise propelled by any Motorized Vehicle
within The Town of Avon.
Section 3. Exemptions - Maintenance - Construc-
tion - Snow Removal - Mowing.
The provisions of this Ordinance shall not
apply to an operator or passenger of a Motorized
Vehicle when such vehicle is operated in connec-
tion with any activity involving maintenance,
construction, snow removal or mowing, provided
that such activity was authorized by the owner or
agent for the owner of such Restricted Use Area.
Section 4. Complaint by Property Owner or
Agent - Affidavit.
If the owner or agent for the owner of any
land or property classified hereunder as Restricted
Use Area wishes to complain of the acts of an-
other in violation of the terms and conditions
of this Ordinance, he shall so indicate by filling
out and swearing or affirming to an Affidavit
such as is set out below, when so requested by
any member of the Avon Police Department. Such
Affidavit shall be sworn to and signed in the
presence of the Avon Town Clerk.
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STATE OF COLORADO ) AFFIDAVIT PURSUANT
COUNTY OF EAGLE ) SS TO ORDINP.NCE NO. 23,
TOWN OF AVON ) SERIES OF 1979.
I, , a property owner or
agent for a property owner within the Town of Avon, having
been sworn upon oath hereby depose and state:
1. That I am the owner of or an agent for the
owner of property located at
the Town of Avon, Eagle County, Colorado.
within
2. That pursuant to the terms of The Town of
Avon Municipal Code, Ordinance No. 23, Series of 1979,
I agree to have this Affidavit considered and treated as
a formal Complaint, and I further agree to appear when
and where requested by the Town Attorney for The Town of
Avon, or his designee, for the purpose of giving testimony
concerning a person who has been identified to me as
3. That the person identified to me as
was observed by me operating, or as a pas-
senger in or upon, a Motorized vehicle upon property located
at , Town of Avon, Eagle County,
Colorado.
4. That I have given no permission whatsoever
to the person identified to me as
to enter, remain or trespass upon the said property, nor
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has any other owner or agent of an owner of said property
given any such similar permission.
FURTHER affiant sayeth not.
Dated this day of 19
Signature of Affiant
Address, including P.O. Box
Phone number
Subscribed and sworn to before me this
day of
19 , by
Town Clerk,
Town of Avon
Section 5. Complaint by Citizen - Affidavit.
If any person wishes to complain of the
acts of another in violation of the terms and
conditions of this Ordinance, he shall so in-
dicate by filling out and swearing to an~;
Affidavit such as is set out below, when so
requested by any member of the Avon Police
Department. Such Affidavit shall be sworn to
and signed in the presence of the Avon Town
Clerk.
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STATE OF COLORADO ) AFFIDAVIT PURSUANT
COUNTY OF EAGLE ) SS TO ORDINANCE NO. 23,
TOWN OF AVON ) SERIES OF 1979
having been sworn,
upon oath deposes and states:
1. That pursuant to the terms of The Town of
Avon Municipal Code, Ordinance No. 23, Series of 1979,
I agree to have this Affidavit considered and treated as
a formal Complaint, and I further agree to appear when
and where requested by the Town Attorney for The Town of
Avon, or his designee, for the purpose of giving testimony
concerning a person who has been identified to me as
2. That the person identified to me as
was observed by me operating, or as a
passenger in or upon, a Motorized Vehicle upon property
located at
Town of Avon, Eagle County, Colorado.
FURTHER Affiant sayeth not.
Dated this day of 19
Signature of Affiant
Address, including P.O. Box
Phone number
-6-
Subscribed and sworn to before me this
day of
19
Town Clerk,
Town of Avon
Section 6. Defenses - Prior Permission.
It shall be a complete defense to any
charge of a violation of this Ordinance that
the person cited hereunder had obtained per-
mission to engage in the act for which he was
cited and that the permission was given by
the owner or agent for the owner of the land
upon which the act was alleged to have occurred.
Such permission must have been given prior to
the date on which such property owner or agent
complained of such acts.
Section 7. Notice - Posting Not Required -
Presumption.
It shall not be required in order to sus-
tain a conviction for a violation of this
Ordinance that the Restricted Use Area be
posted in any manner whatsoever, nor need
such area be identified in any manner. In
all prosecutions hereunder it shall be pre-
sumed that any person so cited had knowledge
that any land or property not belonging to
such person was, in fact, a Restricted Use
Area.
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•
Section 8. Penalties.
Any person violating any provision of
this Ordinance shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished
by a fine not to exceed three hundred dollars.
Section 9. Severability.
If any part, section, subsection, sentence,
clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall
not affect the validity of the remaining por-
tions of this Ordinance; and the Town Council
hereby declares that it would have passed this
Ordinance, and each part, section, subsection,
sentence, clause, or phrase thereof, regardless
of the fact that any one or more parts, sections,
sentences, clauses or phrases be declared in-
valid.
INTRODUCED, READ AND APPROVED AT THE FIRST READING, AND
ORDERED PUBLISHED ONCE IN FULL THIS 23,(~ DAY OF
1979, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE
HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, ON THE 18'k DAY OF~jCi~c-»~,C~~.~~ ,
1979, AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT THE TOWN
OFFICES.
I v
Ange o V. Alpi, Ma or
ATTEST:
Patricia J. Doyfe, TownlClerk
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•
•
INTRODUCED, READ AND APPROVED ON SECOND READING, AND
L- C.
ORDERED PUBLISHED THIS DAY 1979.
Ange o" . Alpi, Mayo
ATTEST:
Patricia J. Doyle, Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
•
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7: 30 P.M. on the
27th day of November, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO.#24, Series of
1979:
All ORDINANCE ADOPTING COLORADO SENATE BILL 79; ESTABLISHING A
POLICE PENSION FUND FOR THE TOWN OF AVON AND PROVIDING FOR CERTAIN
DETAILS IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 14th day of November, 1979.
TOWN OF AVON, COLORADO
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON November 19., 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
• •
TOWN OF AVON
ORDINANCE NO. 24
SERIES OF 1979
AN ORDINANCE ADOPTING COLORADO SENATE BILL 79;
ESTABLISHING A POLICE PENSION FUND FOR THE TOWN OF
AVON AND PROVIDING FOR CERTAIN DETAILS IN RELATION
THERETO.
WHEREAS, Colorado Senate Bill 79 was adopted in
the 1979 session of the General Assembly, and will be-
come effective January 1, 1980; and
WHEREAS, no policemen were employed by the Town
of Avon prior to April 8, 1978; and
WHEREAS, certain provisions of Senate Bill 79 are
mandatory with respect to certain cities and towns,
including the Town of Avon; and
WHEREAS, among these provisions is the requirement
that the initial rate of contribution will be 80 of
payroll for both the employees and the employer;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
FOR THE TOWN OF AVON, COLORADO, THAT:
Section 1. Adoption
The provisions of Colorado Senate Bill 79
are hereby adopted in full as they pertain to the
Town of Avon.
Section 2. Establishment of Police Pension Fund
There is hereby established a Police Pension
Fund for the Town of Avon which shall be funded
according to the provisions of Colorado Senate Bill
79, and shall be administered by the Colorado Fire
and Police Pension Association.
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Section 3. Duties of Town Manager
The Town Manager or his designee shall assign
to such employees of the Town of Avon as he may
determine the duties of fulfilling the requirements
of Colorado Senate Bill 79, including the duty of
remitting contributions to the State Fund within
ten days of the date of salary payment, in order
to avoid the late payment interest charge.
Section 4. Future Amendment or Modification of
This Ordinance
The Town Council hereby retains complete authority
to modify or amend the terms of this Ordinance as it
shall determine. Consideration shall be given to the
financial Position and interests of the Town and to
the good faith requests which may be made by the mem-
bers of the Avon Police Department, either directly or
through an authorized representative or bargaining
agent.
Section 5. Severabilit
If any part, section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the
Town Council hereby declares it would have passed this
Ordinance, and each part, section, subsection, sentence,
clause, or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
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•
INTRODUCED, READ AND PASSED ON THE FIRST READING, APPROVED,
AND ORDERED PUBLISHED ONCE IN FULL, THIS DAY OF
1979, AND A PUBLIC HEARING ON THIS ORDINANCE
SHALL BE HELD AT THE MEETING OF THE TOWN COUNCIL OF THE
k
TOWN OF AVON, COLORADO, ON THE,; '1 DAY OF } ~Lc_c yyi. CC_~ ,
1979, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN.
Ahg' o Alpi, YF~fyqi~-
v
ATTEST:
Patricia J. Doyle, Town Clerk
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED,
AND ORDERED PUBLISHED THIS DAY OF , 1979.
Angelo V. Alpi, Mayor
ATTEST:
Patricia J. Doyle, Town Clerk
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• •
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE OF HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the
27th day of November, 1979 at the Town Hall for the purpose
of considering the adoption of Ordinance No.t25, Series of
1979:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2, SERIES OF 1979;
CREATING A BOARD OF BUILDING APPEALS; PROVIDING FOR PROCEDURES
IN CONNECTION WITH THE SAID BOARD; SETTING OUT THE DUTIES OF THE
BUILDING OFFICIAL, THE TOWN CLERK AND THE TOWI1 ATTORNEY AND
SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 14th day of November, 1979.
TOWN OF AVON, COLORADO
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON NOVEMBER 19, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PFSTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHI'IARK SHOPPING CENTER
• i
TOWN OF AVON
ORDINANCE NO. 25
SERIES OF 1979
AN ORDINANCE AMENDING ORDINANCE NUMBER 2, SERIES
OF 1979; CREATING A BOARD OF BUILDING APPEALS:
PROVIDING FOR PROCEDURES IN CONNECTION WITH THE
SAID BOARD: SETTING OUT THE DUTIES OF THE BUILDING
OFFICIAL, THE TOWN CLERK AND THE TOWN ATTORNEY AND
SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN
COUNCIL FOR THE TOWN OF AVON, COLORADO, THAT:
• •
Section 1. Amendment of Ordinance Number 2, Series
of 1979
Ordinance Number 2, Series of 1979, is hereby
amended by the deletion of Section
Ordinance Number 2, Series of 1979
amemded by the deletion of Chapter
of the Uniform Building Code, 1979
by the International Conference of
6530 South Workman Mill Road, Whit
90601.
2(b). Additionally,
is further hereby
2, Section 204,
Edition, published
Building Officials,
tier, California
Section 2. Establishment of Avon Board of Building
Appeals - Membership - Compensation -
Town Clerk To Act As Secretary - Meetings
There is hereby established the Avon Board of
Building Appeals, which shall consist, until the Town
Council shall otherwise determine by Ordinance, of the
complete and entire membership of the Avon Town Council.
Each member of the Board of Building Appeals shall be
compensated in the amount of $25.00 for each meeting
attended, unless that meeting is held immediately be-
fore or immediately after a regular or special meeting
of the Avon Town Council, in which case no compensation
shall be paid for attendance at the meeting of the
Board of Building Appeals. The Town Clerk shall act
as Secretary of the Board of Building Appeals, which
shall meet as necessary and upon call by the Secretary
as outlined in this Ordinance.
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Section 3. Procedure - First Meeting - Elections -
Chairperson To Preside - Duties of Town
Attorney
At its first meeting the Board shall elect from
its membership a Chairperson and a Vice Chairperson.
The Chairperson shall preside thereafter and rule upon
matters of procedure at meetings of the Board. Sub-
sequent elections for Chairperson and Vice Chairperson
shall be held every two years or as soon thereafter as
the Board shall meet. Nothing shall prohibit the re-
election of an incumbent Chairperson or Vice Chairperson.
Section 4. Procedure - Filing of Request for Ruling -
Contents - Duties of Secretary - Call For
Meeting
In situations involving determination of suit-
ability of alternate materials and methods of con-
struction and involving the reasonable interpretations
of the provisions of the Uniform Building Code and
other such Codes as have been adopted by the Town Council,
whether pursuant to Ordinance Number Series of 1979,
or by some other Ordinance, as well as situation in-
volving other, related determinations, the procedure
shall be as set out herein.
Any Party in Interest having a legitimate pending
question may file a Request for Ruling. Such document
shall be filed with the Avon Town Clerk in her capacity
as Secretary to the Building Board of Appeals and shall
include:
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A. The complete name and address of the owners
of the real property involved.
B. The location of the real property involved.
C. The question or questions, stated plainly
and clearly, on which a ruling is sought.
D. A brief explanation of the way in which the
question relates to the property or project involved.
E. A complete statement of the position, both
factual and legal, of the party seeking the ruling.
F. Any supporting documentation, evidence, data,
legal opinions or other material upon which the party
seeking the ruling may wish to have considered by the
Board.
Upon receipt of this document, if it is complete,
the Secretary shall place the matter on the agenda at
the next meeting of the Board, provided that no matter
shall be heard sooner than fifteen days after the filing
of the Request for Ruling. Any Request for Ruling
which is determined to have been incomplete shall be
returned to the party seeking the Request for Ruling
and no further action shall be taken until it has been
completed and re-submitted.
When a matter has been so docketed the Secretary
shall transmit by mail a notice of the scheduled meet-
ing to all members of the Board and shall include with
each notice a complete copy of the Request for Ruling
as filed with her. The party seeking the Ruling shall
also be sent a notice of the scheduled meeting. She
shall also publish, at least seven days prior to the
meeting at which the matter is to be considered, a
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Public Notice of the time and place of the scheduled
meeting and a summary of the items to be considered at
such meeting.
The Town Attorney shall attend all meetings of the
Board and shall render opinions of questions of law
and procedure as requested. The Town Attorney shall
assist in the presentation of the position of the
Town Building Official and his staff.
Section 5. Procedure At Meetings - Board To Render
Ruling - Transmittal
At meetings of the Board of Building Appeals the
party seeking the Ruling shall have the initial oppor-
tunity to state its position and present testimony and
evidence in support thereof. Argumentative material
shall be ruled out of order at this stage of the pro-
ceedings. The Town Attorney shall be given an oppor-
tunity to cross-examine any witness called by the party
seeking the Ruling.
The Town Building official shall also attend
meetings of the Board, either in person or by his des-
ignated representative. At the conclusion of the pre-
sentation'b_y the party seeking the Ruling, the Town
Building Official and/or his staff shall present, with
the assistance of the Town Attorney, the position of
the Building Department. This may include the sworn
testimony and opinion of experts, the presentation
of tangible items as evidence and any other relevant
testimony or evidence. The party seeking the Ruling
may cross-examine the witnesses called by the Building
Department.
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The party seeking the Ruling shall then have an
opportunity to present testimony and evidence, provided
such material is in rebuttal of the position or material
presented by the Building Department. The Building
Department shall then have an opportunity to present
surrebuttal.
Subsequent to the presentation of testimony and
evidence, the Board shall reach a decision addressing
the questions submitted. Nothing shall prevent the
Board from holding private sessions to discuss the
material presented and the questions involved. The
Board may also make additional inquiry of any party or
witness, if it so desires, and such inquiry shall be
conducted at public sessions. The actual decision of
the Board shall also be made in a public session and shall
be reached by means of a roll call vote at which all
members, including the Chairperson, shall be entitled to
vote. This final decision of the Board shall be reached
not more than thirty days after the conclusion of the
final session of the formal hearing at which the matter
was considered. The Board shall cause its findings,
decision and ruling to be reduced to writing and not
more than fifteen days following its decision, the
Board shall cause copies of its findings, decision and
ruling to be transmitted to both the party seeking a
Ruling and to the Town Building Official.
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Section 6. Proceedings To Be Of Record - Transcript
The Board shall cause all of its public proceedings
to be recorded electronically or magnetically and shall
preserve such recordings for a minimum of two years
following the date on which they were made. Such re-
cordings shall be made available as matters of public
record and to any party who wished to prepare a trans-
cript of the preceedings or portions thereof. Such
preparation shall be done under the supervision of the
Secretary of the Board of Building Appeals. It is
highly recommended that the party seeking the preparation
of the transcript be prepared to reproduce his own
recordings which shall remain in the custody of the
Secretary of the Board.
Nothing in this Ordinance shall be interpreted to
imply any obligation on the part of the Secretary of
the Board to actually produce any written transcript
of any session.
Section 7. Procedure - Rules Of Evidence To Be Relaxed
At all meetings of the Board of Building Appeals
the Chairperson shall rule upon matters involving the
admissibility of testimony and evidence. The Rules of
Evidence shall be relaxed to permit the introduction of
documents and other items of evidence without undue
formality. Substance shall be considered to be more
important than form and the goal of such sessions shall
be to receive credible, relevant material without un-
necessary burdens being placed on any party or witness.
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Section 8. Severabilit
If any part, section, subsection, sentence,
clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance;
and the Town Council hereby declares it would have passed
this Ordinance and each part, section, subsection, sen-
tence, clause, or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
INTRODUCED, READ AND PASSED ON THE FIRST READING,
APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, THIt
DAY OF L~ 1979,AND A PUBLIC HEARING
ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON'-,.THE
DAY OF ~rL~L4- 1979,AT 7:30 P.M. IN THE
MUNICIPAL OFFICES OF THE TOWN.
~i'
/ rll'~ ,
" t1' Ange V. Alpi, M r
ATTEST:
Patricia J. Doyle, Tow. Clerk
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•
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED,
AND ORDERED PUBLISHED THIS DAY OF 1979.
Angelo V. Alpi, Mayor
ATTEST:
Patricia J. Doyle, Town Clerk
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