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TC Minutes 05-12-19810 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD MAY 12, 1981- 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 7:45 p.m. A roll call was taken with all the Councilmembers in attendance.. Also present was Town Attorney John Dunn as well as members of the press and public. First item for the evening was the second reading of Ordiance No.#81-5, Series of 1981, AN ORDINANCE ESTABLISHING A WATERSHED DISTRICT, WHICH DISTRICT ENCOMPASSES ALL TERRITORY OCCUPIED BY THE TOWN OF AVON WATER SOURCES IN AN AREA FIVE MILES NORTHERLY, SOUTHERLY AND EASTERLY BOUNDARIES; PROHIBITING:CERTAIN ACTIVITIES WITHOUT A PERMIT; REQUIRING A PERMIT FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; PROVIDING A PERMIT AND HEARING PROCEDURE FOR CERTAIN ACTIVITY WITHIN THE DISTICT; ESTABLISHING FEES FOR PERMIT APPLICATION REVIEW; ESTABLISHING STANDARDS FOR THE ISSUANCE OF PERMITS; PROVIDING PROCEDURES FOR ENFORCEMENT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor stated that since the Council has not yet had any input from the Northwest Council of Governments on this Ordinance, that he recommend the Council table the Ordinance. There being no objections the Mayor stated the Ordinance be tabled until the next regular Council meeting. It was unanimously carried. Second reading of Ordinance No.#81-4, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO. #79-12, SERIES OF 1979, TO REQUIRE APPROVAL OF THE DESIGN REVIEW BOARD WITH RESPECT TO CHANGES IN PLANS FOR DEVELOPMENT; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. A.J. Wells moved approval of Ordinance No.#81-4, Series of 1981 on second reading. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. Second reading of Ordinance No.#81-10, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO.#17, SERIES 1979, TO DEFINE THE OFFENSES OF PUBLIC URINATION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Steve Erickson moved approval of Ordinance No.#81-10, Series of 1981 on second reading. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-9, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO.#79-12, SERIES OF 1979, TO PROVIDE A VARIANCE PROCEDURE IN CONNECTION WITH THE ZONING CODE OF THE TOWN AVON. The Town Attorney stated that this Ordinance reflects the changes that were recommended by the Design Review Board when the matter was considered by them.. Mr. Dunn stated that there are two types of variances, area variance and use variance, but in this Ordinance it's specific that it deals with area variance only. Councilman Erickson stated that he was not comfortable with the-posting of property for a area variance. He stated that most of the variances where they post property are usually dealing with use and not area. Councilman Wells asked the Attorney if it would be appropriate to adopt the Ordinance on an emergency basis at this time so there would be no undue hardships for those people who are needing variances. The Town Attorney stated that from a legal aspect, he had no problem with adopting the Ordinance as an emergency, it was a matter of policy and that the Council should consider it carefully. Continued Page 2 Ordinance No.#81-9, Series of 1981 0 Councilwoman Davis stated she was personally uncomfortable with it, she did not see it as a threat to public welfare. Councilman Wells stated he thought it should be passed on an emergency basis for the Town's welfare or public welfare, that there are a lot of projects where the Town undoubtedly granted a variance from the strict guidlines and never treated them as such. Councilman Erickson stated he was ready to pass the Ordinance on an emergency basis. He stated that the Town surely meant the variance material to be inserted in the zoning code but was just omitted. Councilman Doyle stated he was agreeable passing the Ordinance on an emergency basis, but not until the Ordinance was throughly understood and gone over. Councilman Nottingham stated he was agreeable to pass the Ordinance on an emergency basis, he stated it was an oversight on the Town's part. After discussion there were some deletions, corrections and additions to this Ordinance. On page one, change the word "or" to "of", change the word "ot" to "to", in the same paragraph change the word "an" to "and", delete paragraph"(2)" all together, change"(3)" to 11(2)" and add Section 3 to the Ordinance which would read, "The Council finds and determines that, because it has come to the attention of the Council that the Town's zoning Ordinance by oversight makes no provision for allowing variances and, because applications for the variances are now pending before the Town's Design Review Board, an emergency exists and the adoption of this Ordinance is immediately necessary for the preservation of the public peace, health, safety and welfare. Steve Erickson moved approval of Ordinance No.#81-9, Series of 1981 on an emergency basis with the forementioned changes, seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. THIS ORDINANCE WILL BE IN EFFECT MAY 20, 1981. Jon Eberle Transportation Director for the Town of Vail approached the Council.to report on the bus transportation of last winter. He stated they carried a total of 10,052 trips. He then presented the Council with a breakdown on the ridership by runs. 20% of the total daily trips were made on the 6:30 a.m. run, 23% on the 7:30 a.m. run. 24% on the 4:15 p.m. run, 19% on the 5:15 p.m. run, and 12 1/3% on the 6:30 p.m. run. The fares have been raised to 50c. The Lift bus service for next season will start running the day before Thanksgiving of 1981 and run to the end of the season of 1982. No money would be needed from the Town until 1982. The Mayor thanked Mr. Eberle for coming. Van Ewing representing Jim Potter approached the Council. He was requesting an approval of a Resolution of a transfer of a residential development right from Lot#66,Block#2, Partnership to Lot#7, Block#l, Hayes-Casalino, Benchmark at Beaver Creek Subdivision. Mr. Ewing stated that this request was heard on January 7th, 1981 by the Design Review Board and recommended approval of the 9 units on 'Lot#7,Block#l. Mr. Casalino, President of Hayes-Casalino stated that the tap fees have been paid on the eight units and as soon as the Resolution was approved, the payment for the nineth unit would be paid. He stated that he didn't think that the transfer tax entered into the transfer unit at all, that the Town would get the transfer tax when the units were turned over. Councilman Wells disagreed. A lengthy discussion followed. Mr. Casalino stated to the Council that they do whatever they have to do to determine whether it's real property, or whether it's taxable or not, that it didn't matter to him and that he would pay the 1% transfer tax if it was legal and proper. Town Attorney stated that in his opinion the Ordinance reads that it does not tax transfer of develope rights. Councilman Wells stated that he would like the Town Attorney to do some research to see why that language was used in the Ordinance in regards to interests and rights, that the transfer tax ordinance was directed toward the transferrable development rights in the Town and if it isn't so, get the ordinance amended otherwise people would be transferring units right and left at very high values and the land would suddenly decrease in value, and further that that the selling prices were established based on the number of units on a lot. -2- 0 0 Continued Page 3 Van Ewing-Jim Potter-Hayes-Casalino Steve Erickson moved approval of Resolution No.#81-6, Series of 1981 as it stands, but that the determination of the Town has the right to charge the applicant the transfer tax if they so deem its applicable, seconded by Sheila Davis and was unanimously carried. Sandy Davies representing Allan Nottingham and Wildridge Development Company approached the Council. It was noted that A.J. Wells and Allan Nottingham stepped down. Mrs. Davies stated they were requesting that the Town Council approve a vacation of utility easements which shows on the Wildridge Amended Plat on Lots#24,25,26,27, Block#4 of Wildridge Subdivision. The reason for lowering the easements was for gravity flow. She stated that after conversing with the Town Attorney they have decided to make an agreement with the Town, if they approve the Resolution, to enter the new established utility easements on the new Plat which would be done in about 6 months, that the cost would be paid by Wildridge Development Company. Mrs. Davies stated.that all the letters have been received from the utility companies with the exception of one, which, when she receives that, would submit them to the Town. The Town Attorney stated that he had no problem at all with the Town adopting the Resolution on the condition that the Plat be amended within a reasonable time and 6 months would be a reasonable time. Steve Erickson moved approval of Resolution No.#81-7, Series of 1981. The motion was seconded by Bill Doyle. The Resolution was passed and carried with Allan Nottingham and A.J. Wells abstaining. First reading of Ordinance No.#81-11, Series of 1981, AN ORDINANCE ESTABLISHING A PED- ESTRIAN MALL ON A PORTION OF TRACT G, BLOCK 2, TOWN OF AVON; MAKING THE DETERMINATIONS REQUIRED BY LAW; SETTING FORTH REGULATIONS FOR USE OF THE PEDESTRIAN MALLS BY VEHICLES; STATING THAT THERE WILL BE NO ASSESSMENTS FOR THE COSTS OF ESTABLISHMENT AND IMPROVEMENTS OF THE MALLS IN ACCORDANCE WITH THIS ORDINANCE EXCEPT AS AGREED TO BY ADJACENT PROPERTY OWNERS; SETTING FORTH THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHMENT OF A PEDESTRIAN MALL; MAKING FINDINGS AND RULINGS ON THE CLAIMS FOR DAMAGES SUBMITTED TO THE TOWN COUNCIL; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING. Councilman Wells stated that the Mall Agreement that was attached to the Ordinance was not in agreement with the signed copy. The Town Attorney stated that the Agreement that was attached to the Ordinance at the time was the last revision of that Agreement and the signed Agreement could have had some changes made. It was suggested that the final signed Agreement should be substituted and attached the the Ordinance as Exibit B. The Attorney would review the final Agreement. After the Council and the owners of the Mall discussed the Agreement and Ordinance, A.J. Wells moved approval to pass on first reading Ordinance No.#81-11, Series of 1981 subject and contingent upon the Town Attorney reviewing and approving the signed "Exibit B". The motion was seconded by Steve Erickson. A roll call was taken with all the Council- members voting yes. The Town Attorney reported on the lease agreement on the computer. The first lease was never accepted, they now have gone with another leasing company known as the Municipal Funding Corporation of America. The Attorney was requesting approval from the Council to sign the lease. A.J. Wells so moved, seconded by Steve Erickson and was unanimously carried. The proposal of Norm Wood P.E. was discussed. Mr. Wood was proposing that the Town hire him on a 3 month trial basis at the rate of $4,200.00 a month. It was discussed whether to put him on contract or to hire him as an employee. It was requested to check to see if a contract was signed between the Town and Claycomb Engeering. After lengthy discussion A.J. Wells moved approval to hire Norman H. Wood P.E. subject to his acceptance, based on the following criteria, essentially using the guidlines as set forth in his letter to the Council dated May 11th, 1981, but that he would work for the Town Tuesday, Wednesday, Thursday of every week for $4,200.00 a month and that the Council expects 28 to 32 hours, that any additional work over and above the normal would have to be approved by the Town Manager at an hourly rate of $35.00 per hour and that at the end of 3 months the Council would have the option to renew the arrangement for another 3 months and that all of this would be set forth in an employment agreement. -3- b Continued Proposal of Norman Wood The motion was seconded by Bill Doyle and was unanimously carried. A Council Executive Session was set for Tuesday 19th, 1981 at 7:30 P.M. The drafting of a new Ordinance to combine the zoning code and the Design Review Board Rules and Regulations was discussed. The Council directed Town Attorney John Dunn to proceed. The drainage study was discussed. The Financial Matters were next presented to the Council. A.J. Wells moved approval of the Accounts Payables and the minutes of the 28th of April meeting, seconded by Steve Erickson 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 12:25 a.m. Respectfully Submitted: \1 Town Clerk 1~ s -4-