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TC Minutes 04-27-1982• • MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD APRIL 27, 1982 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held In the Municipal Building in the Council Chambers. The meeting was called to order by Mayor Alpi. at 7:45 P.M. A roll call was taken. with Larry Kumpost, Sheila Davis, Allan Nottingham, A.J. Wells, Steve Erickson; anO Greg Gage in attendance. Also present were the. press and public. The Town Attorney arrived late. Before the regular meeting convened the Mayor read his last parting comments as Mayor. He stated he took special pride in announcing, as Mayor and on behalf of the Avon Town Council, that the spirit upon which the Town was founded was alive and well. He stated he had looked back over the last four years and realized what a unique experience and pleasure he had of enjoying being Avon's first Mayor and co-founder. He thanked the Council and the citizens. The meeting then convened. Jim Mortar with Mortar, Fisher, Arnold Architects approached the Council. He was representing the Cottonwood Developers. He stated that their project was zoned RHDC which allows for eighty (80) foot building height. However, they agreed to restrict the area where there could be eighty (80) foot high, to be sixty (60) foot high. He was req>>esting that the project define one other s*.*Iall_ area of the site where they could go to the eighty (80) foot height because they have an architectural projection, that's a tower, and they feel that would add to the visual interests and impact of the project. It was stated that the Design Review Board approved the height on the tower on February 3, 1982.. It was stated that there would have to be an Amendment to the agreement and zoning for this request. Steve Erickson moved to approve the map that Jim Mortar produced this afternoon allowing that particular area where the tower is going to go up to eighty(80) foot, contingent upon the Town Attorney and a representative of Cottonwood working out the proper agreements that would make this binding. The motion was seconded by Sheila Davis and was unanimously carried. Mr. Mortar requested that the Council hear one other request regarding lock-offs. Mr. Mortar asked the Council to instruct the DRB either to overlook the lock-offs or to approve the plans with the lock-off use, to be reviewed at a later time. After discussion Councilman Greg Gage moved to instruct the DRB to consider the plans regardless whether or not the design of the floor plan layout constitutes use as accomodation units or as lock.-offs and that the Town Council would consider_ an Ordinance restricting the use of those units at a later date. After additional discussion. Councilman Gage's motion was withdrawn. A.J. Wells moved to recommend to the DRB to consider any design features in the Cottonwood Project and any other project that could result in being termed a "lock-off or an accomodation unit", as merely being a design feature of a residential unit at this point because the Town Council is in the process of developing an. Ordinance to define the use of a "lock-off". The motion was seconded by Greg Gage and was unanimously carried. It was noted that Mortar, Fisher, Arnold Architects would write a letter to DRB regarding this item.. Mike Blair approached the. Council. He was representing the Avon Metropolitan District regarding the location. of the fire substation, Tract C in the Wi.ldridge Subdivision. He stated that the substation had been originally approved by the Town Council in July of 1979, as a SPA (Special Planned Area). The statement on the plat states that, "Open space, pedestrian access and park tracts may be used for municipal and utility facilities and easements when permitted by the owner and the Town of A-%Ton. Mr. Blair 6 9 stated that the design plans were approved by the DRB at the meeting of April 15, 1982, but they had concern as to the ownership. He stated that one of the owners of land was Wildridge Development Company and they had agreed to lease that portion of Tract C to the Metropolitan District as necessary to accommodate the fire station building and parking area, but eventually the Town would own that land. Council Erickson had some reservations about the owner of the lot being represented. Mr. Blair stated that he could represent both, the Wildridge Company and Avon Metropolitan District. A. J. Wells stated that he would abstain from voting, but did not think he had to re- strain from the discussion because he had no financial interest in the project. He stated he was merely a Board of Director of Avon Metropolitan District. Councilman Erickson stated that he had some reservations about the site for the sub- station. Mr. Blair stated that the Fire Chief had viewed the area before it was developed and had viewed the site after the development and had looked at at least six sites, but determined that Tract C was the best site, because of the fact that it was adjacent to three major road ways. After discussion Sheila Davis moved approval of Tract C in Wildridge Subdivision for the fire station. The motion was seconded by Larry Kumpost and was carried with A.J. Wells and Allan Nottingham abstaining. The other item Mr. Blair presented to the Council was the renewal of the Special Use Permit for a temporary trailer park in Buck Creek for Schmidt Tiago and Cone Constructors. Mr. Blair stated that this permit was originally approved in 1979 for the location of 15 small trailers on Lot # 53-54, Block # 1 in Buck Creek. The purpose of the park was to allow employee housing for the construction workers and their families. He stated that these workers would be working on the roads in Wildridge and Wildwood. Mr. Blair stated that the permit had been approved the last three seasons and was requesting the approval of the permit be granted this season from May 1, 1982 to December 1, 1982. Larry Kumpost moved approval to renewal the Special Use Permit for temporary trailers in Buck Creek for Schmidt Tiago and Cone Constructors doing the work in Wildridge. At that point Councilman Erickson requested discussion. He stated that he would like the Council to look at why these Construction people can't start using and renting some of the accommodation units or dwelling units that are available in the Town, he stated he questioned the need for the temporary trailer park. Mr. Blair stated that the construction people bring their own trailers and that the problem with heavy equipment construction personnel is that they insist that the construction company allow them to bring their families with them and that they cannot afford renting units on a short term basis within this valley. Councilman Erickson stated that if the Council would renew their permit, it would hurt some of the builders that have put up rental units in town. At that point A.J. Wells stepped down. Councilman Erickson stated he was not convinced that this year the town has the housing shortage and he didn't want to be accused of favortism toward one construction company to another. Mr. Blodgett suggested that a public hearing be held to see if there would be any re- sponse. After additional discussion Larry Kumpost withdrew his motion. Sheila Davis moved approval to set May 11, 1982 at 7:30 P.M. in the Municipal Building for public hearing regarding the approval for the Special Use Permit for a temporary Trailer Park in Buck Creek. The motion was seconded by Steve Erickson and was carried with A.J. Wells and Allan Nottingham abstaining. Second reading of Ordinance No. #82-10, Series of 1982, AN ORDINANCE AMENDING CHAPTER 2.08 OF THE TOWN CODE OF THE TOWN OF AVON AS IT PERTAINS TO THE JURISDICTION OF THE MUNICIPAL COURT. Sheila Davis moved approval of Ordinance No. #82-10, Series of 1982 on second reading. The motion was seconded by Steve Erickson. A roll call was taken with all the Council- members voting yes. Second reading of Ordinance No. #82-11, Series of 1982, AN ORDINANCE AMENDING CHAPTER 16.52 OF THE MUNICIPAL CODE OF THE TOWN OF AVON BY REPEAL AND RE-ENACTMENT OF THE PENALTY PROVISION THEREOF. The Town Attorney stated that Mr. Blodgett had submitted a memorandum expressing concern. - 2 - 6 0 The issue was whether pre-sales are allowed. He stated at this time the Town Subdivision Ordinance reads that it is a violation of the Ordinance to sell con- dominium units prior to final plat approval. Mr. Blodgett stated that the preliminary and final subdivision plat should go before the Council for approval, then the pre- sales could take place. He stated that if the Council allows pre-sales to take place before the approval of the final plat, then they would be allowing a situation where the perspective purchaser really doesn't have anything tied down. There was a lengthy discussion that followed. There was a motion and was seconded. A roll call was taken with Sheila Davis voting no, Steve Erickson voting yes, Greg Gage abstaining, Larry Kumpost abstaining, Allan Nottingham voting yes and A.J. Wells abstaining. Councilman Kumpost requested a point of order. He stated he thought the Council passed an Ordinance through the back door and felt that the discussion was not completed and was improperly closed. UUUiiUiluidu nL.LUMOULL uiUVCU LU ie-uvuslaer the actoption of Ordinance No. 482-11, seconded by Larry Kumpost. A roll call was' taken with all the Councilmembers voting yes. At that point the Mayor called for a fifteen minute recess. The Council reconvened the meeting at 9:45 P.M. Steve Erickson moved to table Ordinance No. # 82-11 Series of 1982 and to instruct the Town Attorney to revise the Ordinance to indicate the Council wants to legalize pre-selling in the Town, to delete parts of the Ordinance that requires re- cording of plats and to delete parts regarding the Town being third party to pre-sale contracts. The motion was seconded by A.J. Wells and was unanimously carried. Second reading of Ordinance No. # 82-12, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO. 13, SERIES OF 1981, AS IT RELATES TO PLAN REVIEW FEES IN CONNECTION WITH UNIFORM BUILDING CODE INSPECTIONS. A.J. Wells moved approval of Ordinance No. # 82-12, Series of 1982 on second reading. The motion was seconded by Sheila Davis. A roll call was taken with all the Council- members voting yes. First reading of Ordinance No. #82-13, Series of 1982, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AND CONCERNED WITH THE PROHIBITION OF UNLAWFUL PARKING ON PRIVATE PARKING LOTS OR PRIVATE STREETS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After discussion Allan Nottingham moved approval of Ordinance No. #82-13, Series of 1982 on first reading. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. The next item on the agenda was the outstanding bill for Beaver Creek Drain Service. Be it noted that Steve Erickson stepped down. The outstanding bill was for labor done by Beaver Creek Drain Service, Inc. for the Town. The amount being $3,060.00. The Town Attorney's opinion letter was discussed. He stated that the audit stated that the direct charges were $508.75 and the con- clusion of the audit was that Beaver Creek Drain Service, Inc. provided substantial services as a subcontractor to B & B Excavating, Inc. There was a lengthy discussion that followed. A.J. Wells stated that he would be willing to set off Beaver Creek Drain's bill against the Town's damages and call it even, if the rest of the Council and Mr. Erickson agreed. Councilman Erickson disagreed. The Town Attorney stated that his conclusion was probably no liability therefore no claim should be pursued. The Town Attorney stated he would write an additional letter that would clarify with respect to the 1981 rate schedule and that his recommen- dation was to deduct the $508.75 from the bill of $3,060.00 and the balance would be - 3 - 0 0 in the amount of $2,551.25. A. J. Wells stated that he wanted to remind the Council that the audit figure that the Town was paying was $5,500.00 and would be added to the $6,354.00 which would be a total of $11,854.00 that the Town has incurred and then in addition to that another $2,551.25. Larry Kumpost moved approval to pay payment deducting the $508.75 to pay to Beaver Creek Drain Service, Inc. the total of $2,551.25. The motion was seconded by Sheila Davis and was carried with A. J. Wells opposing and Allan Nottingham abstaining. Next on the agenda was the Memorandum of Understanding of the Town Manager. The Town Attorney stated that in respect to the termination pay that it should be clarified to read, "he shall be granted a severance pay". Add, "The Town of Avon hereby employs Richard D. Blodgett as Town Manager. Richard D. Blodgett agrees to devote his full time and attention to serving as the Manager of the Town". Paragraph 2, add, "shall be allowed, paragraph 3, delete, "unless such policy should be changed", paragraph 4, delete, "unless such policy should be changed", paragraph 7, change "of" to "that" and delete "to". It was suggested that the Attorney assist the Manager with those changes. A.J. Wells moved approval of the Memorandum of Understanding and the changes that were discussed. The motion was seconded by Steve Erickson and was unanimously carried. The Town Attorney reported on his trip to Washington, D. C., the NIMLO Conference. He stated that he felt it to be very valuable to him. The Denton, Harper and Marshall bills were discussed. It was stated tha-rthey have been approved by the committee. Next on the agenda were two change orders to the Mall. These change orders were then discussed. A.J. Wells moved approval of the two change orders for the Mall, seconded by Larry Kumpost and was carried with Steve Erickson abstaining. Dick Blodgett requested a Council motion to proceed to create a Building Board of Appeals. It was suggested that it probably should be investigated further. Dick Blodgett reported on the insurance proposal of T. Charles Wilson for Town coverage. He stated he was requesting approval from the Council. He suggested that they go with a higher level of liability. Sheila Davis moved approval to go with T. Charles Wilson Insurance Agency and that the Town take the additional three million dollar umbrella liability policy also. The motion was seconded by Steve Erickson and was unanimously carried. The financial matters were next presented to the Council. After some discussion A.J. Wells moved approval of the Accounts Payables, seconded by Steve Erickson and was unanimously carried. The Mayor reported that there were a few addendum to the Accounts: Paya,bles., (1) The Ski pass reimbursement for Town employees. Steve Erickson moved approval of the Ski pass reimbursement to the Town employees, seconded by Sheila Davis and was unanimously carried. - 4 - 0 0 (2) Was traveling expenses for the Mayor and the Town Clerk. These were itemized statements. There was a question of the out of pocket money on the statement of the Mayor. The balance was changed to $189.40. Steve Erickson moved approval of the itemized traveling statements of the Mayor and Town Clerk showing the correction of $189.40, seconded by Larry Kumpost and was unanimously carried. (3) Was a month severance pay for Mayor Alpi. Larry Kumpost moved approval of the one month severance pay, seconded by A. J. Wells and was unanimously carried. The minutes of the April 13, 1982 meeting were next presented to the Council. Steve Erickson moved approval of the April 13, 1982 minutes with these corrections, change "eliminating" to "reducing" and add "for". With those corrections A.J. Wells seconded the motion and was unanimously carried. There being no further business Steve Erickson moved to adjourn. Larry Kumpost seconded the motion. The meeting was adjourned by Mayor Alpi at 12:25 A.M. Respectfully Submitted: - 5 -