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TC Minutes 05-13-19801 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD MAY 13, 1980 - 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. Before the meeting proceeded, the newly elected Councilmembers, Bill Doyle, Hugh Price, A.J.Wells, were sworn in. The meeting was called to order by Mayor Alpi at 8:00 p.m. A roll call was taken with all Councilmembers in attendance with the execption of Allan Nottingham. Also present were Town Attorney John Dunn;as well as members of the press and public. The next order of business was the appointment of the Mayor and Mayor Pro-Tern by closed ballot. The Councilmembers voted, Attorney John Dunn read the ballots. The unanimous vote of the Council was for Angelo Alpi for Mayor for another term and it was the vote of the Council that Carol Richards be Mayor Pro-Tem for another term. Both the Mayor and Mayor Pro-Tem took their oaths. The minutes of the 22nd and the 29th of April were next presented to the Council. Steve Erickson„moved approval of the minutes of the 22nd with the correction of "sponsored", seconded by Bill Doyle and was unanimously carried. Steve Erickson moved approval of the Special Meeting minutes of the 29th, seconded by Bill Doyle and was unanimously carried. The Bi--monthly financial reports were next presented to the Council. It was requested that a letter be sent to VA to remind them of the Park Funds that are due. It was requested that the Town Attorney follow up on the real estate transfer tax that is due the Town on the sale of the Benchmark Shopping Center between Fawn Lake Ranch and Triond and also to:r equest that the new owners fix the holes in the parking lot of the shopping center. After discussion Jim Wells moved approval of the Accounts Payables subject to the true amount for Prudential Insurance.(257.32), seconded by Bill Doyle and was unanimously carried. Teo Prinster, Vice President director of store development for City Market approached the Council. Mr. Prinster stated that he appeared before the Council March 28, 1980 requesting a Resolution for the Industrial Revenue Bond for the City Market project in Avon. He then presented the Council with a Resolution, Memorandum of Agreement, Project Description and a Certified Record of Proceedings. He was requesting that these be signed and documented. Town Attorney John Dunn stated bR-had examined the proposed resolution and the attachments and that they were' acceptable. After discussion Carol Richar6`s--Tff-o5ved approval of Resolution No.#80-9 , A RESOLUTION PROVIDING FOR THE ISSUANCE OF TOWN OF AVON, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS (CITY MARKET, INC. PROJECT), SERIES 1980, FOR THE PURPDRF-NOF PROVIDING BUSINESS AND COMMERCIAL FACILITIES AND AUTHORIZING THE .PRESENTATION, OF DOCUMENTS AND INSTRUMENTS RELATING THERETO, seconded by Jim Wells. A r`o`1 call was taken with all, Councilmembers voting yes. It was requested that the Town Clerk send 6 copies to City Market. Bruce Wyman was introduced to the press and public. Be is the Supervisor of Parks and Recreation for the Town of Avon, 0 0 .Ed Ogden, President of D&E Towing Incorporated, approached the Council for final approval for a Special Use Permit. Be stated that all the junk vehicles have been removed from the premise and what they plan to do is just maintanc.e of their own tow trucks. Mr. Ogden stated that if somebody broke down over weekends, they would repair and work on those cars to get them back on the road. At that point Mr. George Boyer._ who resides in Vail, Colorado approached the Council. He stated he is part owner of the adjacent property to the R & T Warehouse. He stated that he and the other owners are urging the Town of Avon Council to deny D & E Towing the Special Use Permit. Mr. Boyer stated that the variance would weaken the strength of the Ordinance 79-9 and 79-12,,(Series of7979) adopted by the Town of Avon, that it would create a visual mess and ,noise and also the towing activities would create serious traffic problems. Mr. Boyer then presented the Council with pictures taken of various service stations and repair shops as examples of what could happen as to the unsightly view and also a letter to the Council objecting to the Special Use Permit for D & E Towing. Councilman Steve Erickson stated he understood the concern of the automobile storage and towing business, however Mr. Erickson stated for the best interest of the Town to have a wide spread type of automobile industry or any other type of industry that could be provided to the residence of the'' Town. He stated ifi the 'T'own' does not -have(-a --towing service and/or a repair automobile repair shop the cars will be left in the streets of the Town. Councilman Hugh Price-.stated that he was one of the original authors of the Zoning Ordinance along with six other members and was never their intention to deny that Use under that zoning category, it was put under Special Review Use so they did have additional control they thought they needed for.that type of operation. Dianne Boyer approached the Council. She is also part owner of the adjacent property of Lot#13, Block#l. She spoke also of objecting to the said towing service. After discussion it was determined that these services (D & E Towing, Inc. and Beaver Creek Automotive) was doing business without a Certificate of Occupancy. George Boyer Jr. approached the Council. He was concerned about the pollution these services could put out in the Eagle River. Before any decision was made Councilman A.J. Wells requested the Council hear from Beaver Creek Automotive, the other service located in the R & T Warehouse. Dave Svalbek of Beaver Creek Automotive was asking for final approval for the Special Use Permit to repair cars. He stated that-it is a small operation, 1,000 sq. ft. He would be restricted to only two cafs"~ ked for repair. He stated he is operating new without a Special Use Permit and without a Certificate of Occupancy. Mr. George Boyer stated he would like to re-submit his letter dated May 13, 1980 which he previously read to the Council, objecting to the business of Beaver Creek Automotive. At that Point, Mr. Dave Tyrrell approached the Council and read a letter to be put on record. He is part-owner of Lots#1 6 and 17, Block #1 and is a spokesman for the partnership. Mr. Tyrrell stated he was disappointed of the subject proposal and wanted to advise the Council of the problems he perceives with such "Special Use." Mr. Tyrrell further stated that an auto repair facility in this location is an inappropriate use and should not be permitted. After lengthy discussion Jim Wells moved that the Special Use Permit for D & E Towing, Inc. be approved effective Apon their compliance with all building codes necessary for them to receive a Certificate of Occupancy with the following conditions: 1) that all maintance and repair work occur inside the building and only on their own operating vehicles namely three trucks and one pickup; 2) that no outside storage of materials, including automobiles or 'any other types of materials, be allowed in connection with this Use Permit: 3) that the owner must complete the site including landscaping and remove all junk materials. This condition has been included again because this effects the entire project; 4) that the permit be subject to review on two further conditions: a) on any report of violation of the permit. b) that the Council review for compliance with all the conditions at the second meeting in July, 1980 as per the Special Use Permit. 5) that no grease or oil be deposited on the site, on the ground or anything other than a container devised for such things (such as oil drums, trash cans, etc.) and that no grease, oil or gasoline be allowed to openly drain on the site, be sightly or anything of the nature- 6) that D & E Towing be required to adhere to the parking requirements even though they have only one space outside for their vehicles; 7) that D & E Towing, Inc. cease and desist operations until they obtain their Certificate of Occupancy and comply with these conditions. The motion was seconded by Carol Richards and was unanimously carried. -2- • 0 Jim Wells moved approval of the Special Use Permit for Beaver Creek Automotive be issued upon the compliance with all the necessary building codes and the issuance of a Certificate of Occupancy with the following conditions: 1) that all maintance repair work occur inside the building with the overhead door closed; 2) that no outside storage of material, including automobiles or any other vehicles, etc.. be allowed except for two Automobiles in two parking spaces for the purpose of being repaired on a timely basis and not to be stored for junk purposes; 3) that the owner must complete the site, including all landscaping and remove all junk materials; 4) that the permit be subject to review on two further condition: a) on report of any violation of permit. and b) that the Council review for compliance with all the conditions at the second meeting in July, 1980 as per the Special Use Permit. 5) that no grease, oil or gasoline or similar substances be allowed to be deposited on the soil or on the sight except in oil drums, gas containers or trash containers and that such (if it be trash) be removed on a timely basis; 6) that Beaver Creek Automotive cease and desist operations until they obtain their Certificate of Occupancy and comply with these conditions. The motion was seconded by Hugh Price and was carried with Carol Richards opposing. Next on the agenda was Ordinance No.#80-7, Series of 1980, AN ORDINANCE AMENDING .ORDINANCE NO.#17, SERIES OF 1979, TO PROHIBIT IMPOSITION. OF IMPRISONMENT IN THE CASE OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS; TO DEFINE THE OFFENSES OF "LOITERING" AND "PROCURING FOOD OR ACCOMMODATIONS WITH INTENT TO DEFRAUD", AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After discussion the Council decided to table this Ordinance for re-drafting. Ordinance No.#80-8, Series of 1980, AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE MEANING OF SUBDIVIDING: TO LIMIT EXEMPTION FROM SUBDIVIDING REQUIREMENTS TO FOUR TENANTS IN COMMON; TO DEFINE TIME--SHARING; TO MAKE REQUIREMENTS WITH RESPECT TO TIME-SHARING SUBDIVISIONS AND CONVERSIONS; AND TO ADD TO FORM FOR CERTIFICATES FOR AMENDED PLATS. After discussion Steve Erickson moved approval of first reading of Ordinance No.#80-8, Series of 1980, seconded by Bill Doyle and was unanimously carried. Ordinance No.#80-9, Series of 1980,AN ORDINANCE LICENSING SOLICITORS AND PEDDLERS AND ESTABLISHING FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLAq-1-(N THEREOF. After discussion Carol Richards movediapproval to table.Or.dinance No.#80-9, seconded by Hugh Price and was unanimously carried. Ordinance No.#80-10, Series 1980, AN ORDINANCE LICENSING BUSINESSES AND ESTABLISHING A FEE THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After discussion Steve Erickson moved approval of Ordinance No.#80-10 with the correction on page one in Section 2. after the word "the" add "anniversary, delete "day of July each year during which this Ordinance remains in effect," and insert "date of the issuance of a license," and on page 2, Section 5. delete the first sentence up to "any" and insert the words "no" before the word "license10 and insert the word"shall" before the word "be", seconded by Carol Richards and was-unanimously carried, This approval was for first reading. Ordinance No.#80-11, Series 1980, AN ORDINANCE AMENDING ORDINANCE NO.,#l,SERI'ES OF 1980, TO PROVIDE ADDITIONAL CATEGORIES OF CONTRACTORS PURSUANT„TO SECTION 30-3(1),-UNIFORM BUILDING CODE, AND ESTABLISHING FEES IN RELATION THERETO, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. After discussion Steve Erickson moved approval Of Ordinance No.#80-11, seconded by Jim Wells and was unanimously carried. This was approved on first reading. Ordinance No.#80-12, Series of 1980 AN ORDINANCE CONCERNING REVENUE AND IMPOS'I'NG A BUSINESS AND AN OCCUPATION TAX ON ALL TELEPHONE UTILITIES OPERATING WITHIN THE TOWN OF AVON, PROVIDING FOR THE COLLECTION OF SAID TAXES- AND PENALTIES'WITH11RESPECT THERETO; A SEVERABILITY CLAUSE; AND OTHER DETAILS IN RELATION TO THE FOREGOING, After discussion Jim Wells moved approval of Ordinance No.#80'-12; on first reading, seconded by Bill Doyle and was unanimously carried. John Dunn Town Attorney stated that the hearing before an examiner of the Public Utilities Commission with respect to the Railroad Crossing maybe postponed, it is- now set for the 11th and 12th of .Tune, here. The railroad has filed for a continuance not to exceed 9=0' days.; -3- The recommendation for the Design Review Board Members for two vacant seats was discussed. The two people recommended by the DRB are Kenneth Hardwick and Cheryl Dingwell. After discussion Steve Erickson moved to appoint Cheryl Dingwell to the term of Cynthia Jordan and that Kenneth Hardwick be appointed to finish the term of Hugh Price, seconded by Hugh Price and was unanimously carried. The Mayor reported that the census taker, Sue Wilmore, turned in her results and showed she produced 242 long and short forms properly filled out and that a total of 414 call hacks. At this point other individuals employed by the census bureau will come back and try to complete the census. The-Mayor reported that at this point, according to the Charter, that the first organizational meeting following the 1950 election of the Town Council of the Town of Avon will choose and appoint a Municipal Judge. There are at this time four people who are interested in the 4ppointment. They are, the present Judge Clinton Watkins, Larry Eskwith, Fred Otto, George Rosenberg. Steve Erickson recommended due to the late hour that the Council shelve this until the next meeting. The logo for the Town of Avon was discussed. A.J. Wells moved to appoint Mayor Al Alpi as Town Administrator for the Town till such time the Ordinance is drafted, seconded by Bill Doyle and was unanimously carried. There being no further business, Steve Erickson moved that the Council adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 11:55 'p.m. -4 - Respectfully Submitted: