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TC Minutes 07-09-1991• i MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 9, 1991 - 7:30 P.M. The regular meeting of the Avon Town Council of the Town of Avon, Colorado, was-held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Jerry Davis at 7:30 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall,:Tom Ptach and David Garton. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Art Dalton, Planner Jim Curnutte, Director of Recreation Meryl Jacobs, Public Relations Officer---Teresa Albertson, Town Clerk Patricia J. Doyle, as well as members of the press and public..,- The Mayor called for Citizen Input. Sandy Blaha with the Northwest Colorado Council of Governments approached the Council. Ms. Blaha updated the Council on the various programs that were taking place. Some of the programs were: Seniors Housing; Water Quality/Quantity; Weatherization, childcare; Solid Weste Planning, etc. Ms. Blaha reviewed each of the.-above. The Mayor stated that Avon, Vail and VA were dealing with Regional Transportation. He stated that one of the communities concerned about was the petition with Minturn and Red Cliff. He stated that they were not sure thay'had budget money to join'.with the other communities. He asked if any of those monies would be available to those communities to provide rolling stock for operation of a bus system. Ms. Blaha stated that Larry Kallenberger, Executive Director of Local Affairs, had proposed that any region that would like to take their allocation of Minerial Impact Funds, to make those decisions, to disperse.those funds may do,so. She stated that-a meeting was.scheduled for July 25th to discuss this issue. She stated the difficult part was to establish a criteria for those funds and how those funds would be used. The Mayor thanked Ms. Blaha for her presentation. i 0 The next discussion was in respect to duplex-subdivision in Wildridge. Hen Gubler approached the Council. He wanted to express his opinions of the issue of the subdivision of lots in Wildridge. He stated that his goal was to have a single family home and two car garage:. He believed-and hoped the opportunity would surface in' Wildridge with some of the re-zoning of'some of the multi-family lots, down-zoning and building of single family homes, that those would provide a range that his budget could afford. Joe Peplinski, a Real Estate Broker and who was also involved in the Claivin Project in Wildridge. This project had a lot-of focus in respect to this issue. The project was a six unit detached townhomes. He stated that their group had purchased another lot in'Wildridge,. Lot 17, Block 1, which was zoned for four units. He stated that their main concern was whether those units could be detached. They were not going to change the density or the zoning. The Claivin was six detached Townhomes. He stated that in appearance they looked like single.family homes. Councilman Stovall stated that the resolution that was adopted would not preclude the developer from developing the lot as requested. He stated that the developer bought the lot with the knowledge of the restrictive covenants of Wildridge. He stated that those restrictive covenants could be amended. He stated that there was an alternative process that could come into the Town-'which-probably would be more appropriate and that was to amend the covenants to allow what was, wanted to be accomplished. Councilman Ptach stated.that the intent,of the resolution was not to restrict conventional attached duplexes,or multi=family subdivisions. The intent was to restrict subdivision or resubdivision of undeveloped land to allow for additional single family housing to be constructed. Mr. Peplinski stated that there was a market`,for detached units verses .attached units. Paul Jeppson a property owner in Wildridge stated that he had bought in Wildridge three yeara ago because that was the only undeveloped property in the area. He stated that he like the open space. He stated that it was important to take a look of what would be built-in Wildridge. Mike*Bruen owner of a lot in Wildridge and, also a real estate agent. He agreed with the above comments. He stated that they were ready to break ground for a fractionalized project that would allow six units on a four-plex lot. This was approved in June of this year. He stated that there seemed to be a wide variety of lot sizes, square footage acreage, some lots had multi-entrances off of different roads. He stated that there were a lot of gray areas, nothing was written in stone. He stated that. the variety was much more attractive than having buildings all the same. -2- 1 1 • Michael Rick, property owner in Wildridge,and owner of a duplex in Wildridge approached, the'Council. The original intent of what the building was to be in Wildridge when he bought his lot now seemed to be changing. He stated that if you let one developer have approval for subdividing, then you would have to let all developers have their wish. Ken Sortland property owner and developer in Wildridge approached,the Council. He felt that there have been too many changes in the laws in Avon. He stated that Council wanted to encourage building in Avon; then they dempen that encouragement by changing the laws. He stated that the lenders would not loan any funds on four-plex units unless all the units-were,pre-sold. He sug,gested'that the requests should be on a case.by.case basis. Peter Monroe, property owner in Wildridge and structural engineer approached the Council, He stated that the'resolution was excellent. He stated that the guidelines have,to be'.specific: He stated,that a more simplified language in the resolution could have read, "Undeveloped property cannot be subdivided and sold". Jack Hunn.,:resident of Wildridge approached the.-Council. He served on the,Plahning and Zoning Commission for two years and dealt, with these issues of for and against of these types of projects. He stated that for two years he had been encouraging the Planning staff to come up with a criteria on which you could consider these types bf.projects. There was, no process to notify owners of what was going on. People that own property-in Wildridge that do not live in the area, do not' know what is being proposed in Wildridge, and how their property value may be greatly effected. He stated that there are covenants in Wildridge, they,were legal and binding. The people that bought in Wildridge had confidence that the laws of the covenants would stand., Celeste Nottingham approached the Council. She also was a property owner in Wildridge. She stated that she also supported the resolution. She felt that the Wildridge covenants was there to protect the intent of openance, which was very attractive. The Council should not be moving as a reaction to the market or, chasing the market. She stated that Council should not loose site of the big picture. Those people were looking toward the Council to preserve that confidence for them. Councilman Bennett asked if the resolution precluded anyone from appealing.to the Council to allow subdivision of a lot. He was under the impression that the request could be heard. -3- i Mr. Dunn stated that there was nothing in the resolution that stated that a developer could not ask. He stated that what was really being talked about was the SPA for Wildridge. The provision of the resolution was for the Planning and Zoning Commission to enforce the regulations as they were written for Wildridge. Councilman Garton stated that it had always been his understanding that protective covenants ran with the land. He stated that he did not feel that Council could override protective covenants. He did not think it was the right group of people to be discussing changes in the covenants that govern the building in Wildridge. He stated that there was a provision in the covenants that would set forth how amendments could be made to those covenants. He stated that 75% of property owners would have to get together in order to change the zoning in Wildridge. Councilman Ptach stated that one observation was that people who live in Wildridge support the resolution, and those who do not live in Wildridge, do not support the resolution. Mayor Davis stated that the Town of Avon did not have the obligation or responsibility to amend the covenants, but the Council did control Design Review and zoning and what can and cannot be built in Wildridge. The Planning Commission did not have an ordinance that would enforce the covenants, and that the resolution did not enforce the covenants. He stated that he objected to the process last time. There was a market out there now for single family homes. There are not any single family lots in the valley. He stated that Avon could continue to build row townhomes. Single family homes would add to the variety. He stated that there was an article in the Planning Issue of July, 1991 in which they were describing a new idea called "Co-Communities". He stated that things change, new ideas come along and he did not know why Avon should resist. Perhaps staff could look at a study then, come up with something that would be acceptable. His concern was that the Council had cut off all requests, when probably an ordinance needed to be established to clarify what was and what was not proper to define a SPA. He felt it was a very unstable situation. He stated that he would like to see Avon grow, and having a few more single family homes would do that. He had hoped that this Council could look at that somewhere in the future and solve the problem. He stated that he was not sure that the problem was solved with this resolution. Councilwoman McRory stated that there were more duplex lots than there were multi-family lots. She felt that was a great concern. She suggested that a open hearing or work session be scheduled to discuss this issue and set a criteria for two single families on a duplex lot provided the lot was large enough and flat enough. -4- • • Councilman Reynolds stated that two weeks ago the Council had requested that Rick Pylman research this issue. He stated that he voted unfavorably of the resolution because there was not a public hearing on this issue. He requested that Mr. Pylman do the research and return to the Council. He ,.stated that possibly some lots were feasible. He felt that the resolution needed to be in writing so it would not be interpreted differently each time it was discussed. Mr. Dunn stated that the resolution was written into the minutes therefore, a resolution was not needed. Being there was no further discussion on this matter, the Mayor stated that the resolution would stand as is. The Council recessed at 9:30 p.m. and reconvened at 9:35 p.m. Second reading of Ordinance No. 91-11, Series of 1991, AN ORDINANCE REGULATING FIREPLACES AND OTHER SIMILAR DEVICES WITHIN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Bill James stated that there were three parts to the proposed Air Quality Program. 1. Was the ordinance regulating fireplaces and other similar devices. 2. Was the resolution in respect to an Incentive Program to encourage people to convert from Solid Fuel Devices to Certified Solid Fuel Devices. 3. A request for a purchase of a street sweeper. He stated that approximately 40% of the air problems were created by dust. The Town was looking at using a different type of material in the winter months to reduce the dust. Mr. James reviewed the ordinance with the Council. If the Council approved the resolution in respect to the Incentive Program then Section 15.40.070-could be deleted from the ordinance. The resolution outlined conditions that staff suggested for consideration. Staff made an extensive study of costs that would make conversions. The Certified Solid Fuel Devices range in price from $750.00 to $1,500. Mr. James recommended that the Town pay 50% of the actual cost not to exceed $750.00 for the conversion of any existing Solid Fuel burning device to any Certified sold fuel burning device, gas log fireplaces or gas appliance. The program would be limited to only two units of condominiums complex within any given year. The ordinance did allow a wood burning fireplace in the areas of hotel lobbies and lodges and recommended that a fee of $3,000 be applied to the Construction Fund. There were some modifications to the ordinance. 15.40.030, add to the sentence, "provided, a fee in the amount of $3,000 is paid at the time of application for building permit". -5- u Councilman Bennett moved approval of on second reading, with the deletion was unanimously carried. • Ordinance No. 91-11, Series of 1991, of Section 15.40.070. The motion Councilman Bennett moved to amend the motion to include the additional wording in Section 15.40.030 "that a fee in the amount of $3,000 is paid at the time of application for building permit to allow for wood burning fireplaces in hotel lobbies or lodges. The amended motion was seconded by Councilman Reynolds and was unanimously carried. The Mayor opened the meeting for public hearing. Ken Sortland approached the Council. He asked if a project had already been approved and was designed for a wood fireplace, did the project have to be changed, if they wanted to eliminate the fireplace, would the developer have to still build the chimney chase on the outside of the building. How would this ordinance effect the already approved projects. After some discussion, Councilman Ptach moved to amend the motion to grandfather in for a period of six months, a project that had been approved or in the process that they fall under the old rules. If a building permit was pulled within the period of six months, the new fees would apply. The amended motion was seconded by Councilwoman McRory and was unanimously carried. The Mayor then closed the public hearing and entertained a roll call. At that point the Council asked for clarification of Councilman Ptach's motion. If the plans had entered the Planning and Zoning Commission and Design Review process and paid their fees, those plans would have six months from the effective date of this ordinance to pull their closing permit and not pay any of the fees covered by this ordinance. At such time, if they do not pull a building permit within the effective date of this ordinance, then the fees would apply to this ordinance. The Mayor again asked for a roll call. Those Councilmembers voting aye were: David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes. The motion-was unanimously carried. The Council then discussed Resolution No. 91-18, A RESOLUTION REGARDING A INCENTIVE PROGRAM FOR THE PURPOSE OF AIR QUALITY. Councilwoman McRory moved approval of Resolution No. 91-18, Series of 1991. The motion was seconded by Councilman Reynolds. Councilman Ptach suggested that a fund be established and not allow any payment except out of the specific fund. -6- • 0 Mayor Davis agreed that there should be a fund established and that a designated amount should be applied to that fund. Discussion followed. Councilman Bennett moved approval to table Resolution No., 91-18. The motion was seconded by Councilman Ptach. It was suggested that this matter be discussed at the budget process. First reading of Ordinance No. 91-12, Series of 1991, AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE TOWN OF AVON, COLORADO, OF TAXABLE LOCAL ASSESSMENT REFUNDING BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,085,000 FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS AND'THE INTEREST THEREON; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. Mr. James stated that last year the Town issued Bonds to provide for Wildridge to install natural gas and cablevision. He stated that at that time the interest rates were 11 1/2%. He stated that since interest rates have gone down, Caughlin and Company were looking at this program to see if there was an opportunity to refund those Bonds. David'Bell stated that they had prepared all the docomentation to present to the Council. They were going to try and sell the Bonds next week.' He stated that they felt comfortable with the rates. The opportunity existed to reduce the interest on the Assessment from the current rate of 10% to 10 1/2%. This would benefit the property owners, would benefit the Town for the obligation that the Town contributed to the Bond.Issue. The.interest rate of'the_old-Bonds were from ".9 1/2% to 12%01 the rate on the-,new Bonds were projected somewhere between 8 1/2% to 10=10 .25%.,'He-stated the net sadi.ngs-was somewhere over $100,000 over the life of the Bond Issue. Councilman Bennett moved approval of Ordinance No. 91-12, Series of 1991 on'first-reading. The'motion was seconded by Councilman Garton. The Mayor called for a roll call. Those,Councilmembers voting.'aye.weie:.*David Garton,"'-,Albert Reynolds, Mike Bennett,,.:Gloria McRo'ry,' Jim Stovall and Tom Ptach. There were no nay votes. The motion was unanimously"carried. Next on the agenda was the discussion of the Assumption of,the Service Agreement. -7- • This Agreement was previously-approved by the Town of Avon, Avon Metropolitan District, the Upper Eagle Regional Water Authority and the Eagle-Vail Metropolitan District. A condition of the Eagle-Vail approval was an Agreement that would allow them to also transfer their rights and responsibilities for water storage in Nottingham Lake to the water authority or a consolidated district at some future date. These were the last approval required for implementation of the Agreement and the assumption of water services by the Town of Avon. Mr. Wood stated that all that was needed was to execute the Agreement. The Coyncil agreed and was the consensus that the Mayor execute the Agreement. Next on the agenda was a recommendation that Council consider a purchase of a street sweeper under the 1991 budget revision. The Johnson Street Sweeper that has been specified has been further reviewed and used in the Town for two days. Mr. Brooks stated that the demonstrator could be purchased for $92,830 and would be available now with no guarantee of future availability. He stated that this could be acquired by lease purchase over a period of 60 months. Councilman Bennett moved to authorize the lease purchase of the Johnson Street Sweeper demonstrator in the amount of $92,830. The motion was seconded by Councilwoman McRory. The interest rate would be 7.9%. Note: An ordinance would be before the Council in respect to this lease purchase.(See memorandum attached to these minutes). Teresa Albertson updated the Council on the Avon Merchants Association and their regular meetings. The Town Attorney reported that the Town Manager would be taking Deposition on the Ted Bendalow Litigation Case. The Deposition would take place, Thursday in Denver. The Mayor reported on the Northwest Colorado Council of Governments Transportation Study Draft Report. COG failed to mention the Avon Interchange. He suggested that Avon respond to the report. -8- • • There would be a COG Water Quality/Quantity meeting Thursday, July 11, 1991. The Mayor read the letter of resignation of Councilman Stovall. The resignation would be effective thirty days from the date of this letter(July 9, 1991)or, until he was replaced, which was provided for by the Charter. At that point, Councilman Garton resigned his position as Councilman for Avon. He has now made his residency in the Edwards area. Bill James stated that the Avon had applied to- the State for reimbursement of 1.8 million dollars for the Separated Grade Crossing. Councilwoman McRory noted that the 4th of July fireworks were very impressive. It was coordinated very well. The Mayor indicated that there may be some support of combining some funds for next year's fireworks celebration with Vail. The Mayor requested that the Council complete the W-4 forms and return to the Town Clerk. Councilman Reynolds commended the police department of doing a good job with the detour. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 through #15. The motion was secmfided by Councilman Bennett and was unanimously carried. -9- Councilwoman McRory moved approval of the General Fund of Accounts Payable for July 9, 1991. The motion was seconded by Councilman Bennett and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for July 9, 1991. The motion was seconded by Councilman Bennett and was unanimously carried. Councilwoman McRory moved approval of the June 25, 1991 Council Meeting Minutes as presented. The motion was seconded by Councilman Bennett and was unanimously carried. There being no further business to come before the Council, Councilman Reynolds moved to adjourn into executive session to discuss the Town Clerk's position and to discuss pension plan litigation. The motion was seconded by Councilman Bennett. The Mayor adjourned the meeting at 10:40 p.m. The Council then retired into executive session. -10- 0. -0 MEMO TO: Bill James, Town Manager FROM: Larry Brooks, Director of Municipal Services DATE: June 27, 1991 RE: Street Sweeper Recommended Action: Consider demonstrator purchase under 1991 budget revision. The Johnston street sweeper that has been specified has been further reviewed and used in the town for 2-days. We find as follows: 1. Purchase price New sweeper - $109,312 (current price) 114,778.(1992 price) Demonstrator- 92,830 The demonstrator is available now, with no guarantee of future availability. 2. Finance package Power motive (the supplier) can offer financing for lease purchase packages.. The multiplier is .020248. Monthly payments on the above purchases are as follows: a. $109,312 : $2213.35 for 60 months b. $114,778 : $2324.02 for 60 months c. $92,830 : $1879.62 for 60 months 3. Availability a: New sweeper - 90 days b. Demonstrator - 14 days Memo to Bill James June 27, 1991 Street Sweeper Page 2 of 2 To purchaae a new sweeper this year, and wait 90 days to receive it, is not recommended. This leaves the current demonstrator, or the 1992, purchase as remaining options. A. Lease purchase demonstrator in 1991 1991 1992 Lease $7,518.48 $22,553.76 Parts 500.00 2,500.00 Total - $8,018.48 $25,053.76 B. Lease purchase new machine in 1992 1991 1992 1993 March Purchase Lease N/A $20,912 $27;888.24 Parts N/A 2,000 2,500.00 Total $22,912 $30,388.24. If feasible, the current demonstrator unit will clearly save money and satisfies the towns sweeping requirements completely. LB/mml