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TC Minutes 11-27-1979R, 0 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD NOVEMBER 27, 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. Also present were Town Attorney John Blish, Ed Sturgis, Vail National Bank, Hugh Price, Chairman of Design Review Board, Kenneth Sortland, Chief of Police as well as members of the press and public. Minutes of the November 13, 1979 meeting were presented to the Council. Steve Erickson moved approval of the November 13th minutes, seconded by Bill Doyle and the motion was unanimously carried. Bi-monthly financial reports were nexted reviewed by the Council. Mayor Alpi stated that there was a CD (Certificate of Deposit) account opened at Western Federal Savings for 6 months at 142% and the balance of these monies is waiting for suggestions from the Council on which bank these monies should be placed. Carol Richards suggested they wait till they hear from Mr. Sturgis from Vail National Bank before deciding. Carol Richards requested that the Town Clerk check on a credit of $18.60. Jim Wells suggested that Claycomb Engineering fees should be gone over and see which fees should be charged to Benchmark. After some discussion Jim Wells moved approval of accounts payable and parks and recreation accounts, seconded by Dick Casserley and was unanimously carried. Hugh Price, Chairman of the Design Review Board approached the Council. Mr. Price stated that he has received and accepted with some regret the resignation of Mr. Ken Richards and additionally is expecting another resignation from yet another member and as a result Mr. Price recommended and consider the appointment of Mr. Bill Pierce, architect as an addition to the Board. After some discussion Bill Pierce was appointed to the Design Review Board and that a notice will be placed in the newspaper of another vacancy position to be filled by a resident of the Tom of Avon. It was noted that Ordinance No.#24 be tabled till the December 11th, 1979 meeting. Second 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 some discussion Dick Casserley moved that Ordinance No.#25 be passed on second reading with the change that the Chairman and Vice Chairman be elected annually and that on page 6, to correct the word "material", seconded by Bill Doyle. A roll call was taken with all Councilmembers votin es. (A COPY OF THIS ORDINANCE IS ATTACHED TO THES yMINUTES.) 0 Mr. Ed Sturgis and Mr. Jack Mphmmp from Vail National Bank approached the Council. Mr. Sturgis is bidding for any business that the Town may see fit to intrust to the Vail National Bank. Vail Bank is not a branch and not part of a Denver holding company. They are a National Charter Bank, member of FDIC under the Federal Reserve System. On a 6 month CD (Certificate of Deposit) would give a 13 1/4% - fixed rate. After some discussion Mayor Alpi thanked Mr. Sturgis and Mr. Mphmmp for coming. It was noted that the approving of the contact for the Grand Traverse Snow Removal will be cancelled from the agenda. Will be presented to the Council at a later date. Bill Post with the law firm of Otto, Peterson, Post was representing H.A.L. Construction, Inc. approached the Council. Mr. Post had two requests, one for approval of the Supplemental Condominium Map and the second request was the variance from Section 3.6 of the zoning code which is the set back requirements. Mr. Post stated that about 3 feet of the building is encroaching over on Tract G. After discussion the Council agreed to a conditional approval. Jim Wells moved approval of Lakeview at Benchamrk Condominiums supplement amendment No.#l building A and B plat as presented conditioned upon their delivery of the three remaining quick-claim deeds and subject to review and approval of the Town Attorney. Carol Richards seconded the motion. A roll call was taken with all Councilmembers voting yes. The architectural contract for the Municipal Building was next presented to the Council. After a lengthly discussion Carol Richards moved to elect a special committee consisting of Allan Nottingham, Steve Erickson and Jim Wells to review the contract over the weekend and to meet with Mr. Donaldson the first of the week. Seconded by Bill Doyle. It was noted that the time and date for the Beaver Creek Tour will be Tuesday December 4, 1979 from 11:00 A.M. to 2:00 P.M. It was noted that the legal notice appeared in the paper for the Special Meeting for the 1980 proposed budget. This meeting is open to the public. Resolution No.#24,"A RESOLUTION CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURR'REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; AND EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE AND REGULATE IN THIS AREA CONSISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY." It was the decision by the Council to invent a possible solution to an impending issue, calling for a moratorium on the Time Sharing Resolution. There was some question on the vacation leases. The Council decided to approve the Resolution on first reading and suggested to insert a set of definitions. After a lengthly discussion Steve Erickson moved approval on Resolution No.#24 in its present form, seconded by Bill Doyle. A roll call was taken with all Council- members voting yes. (A COPY OF THIS RESOLUTION IS ATTACHED TO THESE MINUTES.) -2- 0 0 The zoning change Ordinance in its rough draft was discussed. Ron McKenzie approached the Council to discuss the monthly financial reports. 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 10:45 P.M. Respectfully submitted C Town Clerk r -3- L • • 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. -2- • 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: -3- • 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 -4- • 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 by 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. -5- 0 The party seeking the Ruling shall then have an opportunity to present testimony and evidence, provided such materila 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 Board may also re- quest an opinion from the Design Review Board if it determines to do so by a majority vote. 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 aft6r 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. 6- • • 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. -7- 1. ti 0 • 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, THIS DAY OF 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 1,;;~~~Zl{r.c,i1979,AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. Ang , V. !Alps, M r ATTEST: Patricia J. Doyle, Tow- Clerk -8- • INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS _DAY OF; 14/- 1979. Angelo . A1pi, MA ~1(5,t Ay -T- E.~ T Patricia J. Doyle,j Town Clerk -9- W ! 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.#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 TOW14 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 PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER 0 • TOGS N OF AVON RESOLUTION NO. 24 SERIES OF 1.979 A RESOLUTION CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARI14G PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MRATORIUM SUCH ACTIVITY SHALL NOT BE PER14ITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; AND EXPRESSING THE IN- TENTION OF THE TOi1N COUNCIL TO LEGISLATE AND REGULATE IN THIS AREA CONSISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY. WHEREAS, the phenomenon known generally as "time-sharing" is found in many ski resort towns in Colorado; and WHEREAS, certain overtures and proposals have been made to the Town of Avon by those interested in estab- lishing time-sharing plans or programs in the Town of Avon; and WHEREAS, time-sharing in its various forms is a complex subject involving Land Use, ?oning, Securities and Property Law, among others; and -1- WHEREAS, the permissible regulation of time-sharing is a subject within the scope of authority of the Town Council acting in the interest of the public health, safety and welfare; and 1,71-IEREAS, such regulation and legislation, if enacted, should represent a fair consensus and a reason- able, workable plan; and WHEREAS, it is necessary to study the subject as well as the possible approaches toward achievement of the goals, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN COUNCIL FOR THE TOWN OF AVON, COLORADO: 1. That there is declared a. moratorium, effective immediately, on the origin, initiation, marketing and sales, as well as all related or similar activity, in connection with all vacation plans, vacation licenses, vacation leases, vacation club memberships, time-sharing plans and other interval ownership or plans and such activity is hereby prohibited. 2. That this moratorium shall continue for a reasonable time period and until "March 15, 1980, or until the Council may determine by Resolution. -2- 3. That during this moratorium the Council shall study the time-sharing phenomenon as it applies or may apply to the Town of Avon and such study shall be directed toward the possibility of enacting legislation, if it appears to the Council that legislation in this area is desirable. 4. That the Council hereby invites the thoughts, opinions and ideas of any persons or groups on the subject of time-sharing and the regulation thereof. RESOLVED AND PASSED AND ORDERED PUBLISHED ONCE BY TITLE THIS 27th DAY OF NOVEMBER, 1979. Angel V. Alp M yor Town /of Avon ATTEST: C_ 'L Patricia J. Doyle, Town Clerk Town of Avon -3-