TC Minutes 09-08-1992• 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 8, 1992 - 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 7:29p;m.
A roll call was taken with Councilors Charlie Gersbach, Tom Hines,
Celeste Nottingham, Derek Pysher, and Albert Reynolds present.
Councilor John Hazard was absent. Also present were Town Attorney
John Dunn, Town Manager Bill James, Director of Engineering Norm_
Wood, Director of Community Development Rick Pylman, Police Chief
Art Dalton, Fire Chief Charlie Moore, Town Clerk Patty Neyhart, as
well as members of the press And public.
First item under Citizen Input was discussion of Stonecreek
Condominium Homeowners Association.
Ms. Edie Hudson, member of the Board of Directors of the
Stonecreek Condominium Association, introduced other
j representatives present; homeowners Kelly Davis and Steve Bushman,
and property manager,:Jim. Poppelton. Ms. Hudson presented
Council with literature including site plan and floor plan of
change being requested to allow for an on-site maintenance person.
Ms. Hudson, informed an on-site maintenance person previously
lived in a rental unit at Stonecreek whereby the rent was paid by
the Association. However, that particular unit is for sale, thus
the Homeowners unanimously agreed to convert the public space into
a residential unit for an on-site maintenance person.
Mr. Poppelton informed the architectural drawings were submitted
to the Town's Building Department for a building permit after
Board (Stonecreek) approval. At that time, concerns were raised
regarding zoning. Discussions were held with Mr. Bill James,
whereby members of the Board were requested to go before Council
to change the zoning code.
Ms. Hudson stressed the importance of building and landscaping
maintenance. Ms. Hudson noted this dwelling unit allows for
on-site maintenance and does not effect the exterior of the
building. Ms. Hudson added this is common area, thus can never
be sold.
Councilor Reynolds questioned rentability of this unit in the
future. Ms. Hudson answered this unit will always be used by an
on-site maintenance person. Ms. Hudson offered to, "sign in
blood, whatever you want us to do, we just want a little studio
unit for an on-site maintenance person on an on-doing basis".
No rent will be accessed; space will be offered in return for
maintenance service.
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Councilor Reynolds questioned need for additional 10 units with
regards to the zoning concern. Mr. James responded that current
zoning allows for 15 units per acre. Stonecreek is at maximum
presently with 30 units. There are no exceptions under the
Municipal Code Book allowing a studio unit for an on-site manager.
Council would need to change the zoning code to allow for on-site
manager units for medium density projects.
Councilor Hines questioned square footage of proposed unit. Mr.
Poppelton responded approximately 350-400 square feet. Discussion
centered on proposed plans and scope of changes regarding the
conversion of the common recreation area to the dwelling unit.
Councilor Hines questioned amending the zoning code and what
impact to the current code. Mr. Pylman informed 2 options are
available. Those options being; 1) change zoning from residential
medium density to residential high density - from 15 units per
acre to 20 units per acre. With a 2 acre site Stonecreek would
take an additional 10'units, OR 2) add a provision to the
residential medium density zone district allowing an on-site
caretaker's unit in addition to the density allowed.
Councilor Hines questioned negative impacts of the mentioned
options. Mr. Pylman noted this proposal works well with
Stonecreek's situation. Mr. Pylman offered negative impacts such
as: other units, by building an additional unit, would produce
more bulk and mass,; existing projects could impact exterior of
building;'and enforcement - if they decide to go back to a
management company and rent the unit, how would this be enforced.
Councilor Pysher-questioned concerns if the zoning were passed for
all and suggested taking each request on a case by case basis.
Councilor Pysher.commented on the possibility of implementing a
restriction on the deed to run with the land to prevent the unit
from ever being sold, to always keep in the common area. Ms.
Hudson voiced agreement to this requirement.
Councilor Reynolds questioned complications of this. Mr. Pylman
responded there is nothing in the zoning law to allow for a
density variance.
Councilor Nottingham questioned whether legal title to this space
is'in the name of the Condominium Association and will it remain.
Ms. Hudson responded it is a part of the common area and added
legal opinion is that the Association cannot substantially change
the impact of any of the common area as far as the use of any
members of the association.
Councilor Hines questioned how to accomplish Stonecreek's request
without changing the zoning across the'board. Mr: Pylman stated
it would need to be across the board. Councilor Hines questioned
possibility of attaching limitations to view on a case by case
basis. Mr. Pylman suggested a Special Review Use with a public
hearing process.
Mayor Davis questioned how much community space will be left if
.this area is converted. Ms. Hudson stated a small kitchen and
living area with fireplace, one sauna, shower, and restroom will
not be impacted.
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Mayor Davis informed that the Stonecreek lot used to be a 36 unit
lot and was downzoned to a 30 unit lot and some land taken away
from it. Mayor Davis noted in researching his title, there is an
agreement related to Stonecreek's lot. Mayor Davis added the 6
units that were displaced went to 3 duplexes on Nottingham Road
and is the reason they have legal mother-in-law units.
Council's consensus was to allow this request and questioned
procedure how to proceed. Mr. Bill James suggested Council
motion for Staff to prepared and submit an Ordinance at Council's
next-meeting to allow this change in residential medium density
zoning. Mayor Davis noted it needs to include the Special Review
Use process and meet parking concerns.
Councilor Pysher questioned procedure; across the board. Mr.
James informed this will be across the board but will be dealt
with*on a case by case basis with the Special Review Use-that
includes a public hearing.
Council agreed to first reading of the proposed Ordinance at next
meeting.
Mayor Davis informed Ms. Hudson that the Homeowners Association
will need to reapply under the new Ordinance and will need
approval as such.
Next under Citizen Input was Ken Sortland's Wildridge Special
Assessment concerns regarding Lot 87 and 89, Block 1, Wildridge.
Mr. Ken Sortland presented council with a packet of literature.
Mr. Sortland gave history of lots 87 and 89. Lot 87 has been
owned by Mr. Sortland since 1979 and lot 89 was purchased
approximately 2 years ago. Mr. Sortland received subdivision
approval whereby two lots from 87 were transferred to 89, thus lot
89 was a resubdivision with 6 development rights and lot 87 with 2
development rights. One duplex was built on lot 89, both sides
sold and closed in December, 1990. The Special Assessment was
occurring the same time the purchasing contracts were being drawn
on these units. Mr. Sortland understood the assessments would be
transferred to the buyers and was written into the closing papers.
Mr. Sortland expected to received tax notices of-2 for lot 87 and
4 for lot 89. However, Mr. Sortland received tax notices for the
same amount owed on both lots 87 and 89. Mr. Sortland stated all
taxes were paid up through 1990, at the closing of the two units.
Mr. Sortland paid 1/2 of taxes and assessments expecting an
adjusted assessment to pay the other 1/2 in June. Regular taxes
were paid in June, but nothing was heard of regarding the Special
Assessment taxes. Mr. Sortland discussed-the matter with Mr.
Norm Wood with regard to the same amount of payments being due for
both lots. Mr. Wood informed the Assessments would have to stay
with the lots, both lots to be assessed 4 each. Mr. Sortland's
taxes, while trying to make payments on his lots and seeking
payment from the title company of the 2 lots sold, became totally
due as they went into default. Mr. Sortland requested Council to
waive penalty and interest for his efforts to pay.
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Mr. Wood stated the Special Assessment Roll was formed for the.
Wildridge district,,forwarded„to the'County-, and adopted by the
Council in August, 1990: The following Januar-y,`.1991, lot 89 was
resubdivided. However, by that time the assessment was already
set for both lots 87 and 89. That assessment was $6,367.48 per
lot. Each lot had the same payment due in March, 1991 of $806..56.
Approximately 1/2 payment was received per lot; this barely
covered the interest the Town was paying on.the bond issue and
essentially was in default at this time and has been in default
since that time. There is a provision in the Ordinance, if
everything is current, that properties may be reassessed for the
resubdivision; can not change assessment for total lot, but can be
redistributed. The problem with lot 89 is there are two owners.
not of record as far as the special assessment is concerned. Once
in default, the full amount becomes due and payable. Now, to
bring the properties current, with penalties and interest,
payments of $1899.98 and $2989.62, for lot 87 and 89 respectively,
would need to, be made. Anything less than that does mot clear the
property to reassess. Once it is brought current, reassignment.of
assessments may be directed to the duplex owners.
Mr. James informed that giving Mr. Sortland a break may not be
an option as Ordinances need to be followed and bonds were-issued
with covenants attached setting up the Special Assessment
District. Mr. James suggested that if Council wishes to give Mr.
Sortland a break, possibly exempt the penalties. Attorney Dunn_
noted there is nothing in the Special Assessment Ordinances which
permits waiver of penalties or interest. Attorney Dunn added
Council has an obligation to the bond holders. Mr. James stated
any shortfall, the Town of Avon is responsible for making that up.
Attorney Dunn cautioned Council of a possible precedent being set
in offering Mr. Sortland a break.
Mr. James suggested Council refer this item to himself. Mr.
James and Attorney Dunn will research this further review the
Ordinances and Bonds. Mr. Sortland stated he is looking to pay
this week; by Friday. Council's consensus was to refer to Mr.
James.
Second:Reading of Ordinance No. 92-16, Series of 1992, AN
ORDINANCE REPEALING AND REENACTING CHAPTER 6.04 OF THE MUNICIPAL
CODE,OF THE TOWN OF AVON, RELATING TO DOG CONTROL; ADOPTING BY
REFERENCE THE EAGLE COUNTY ANIMAL CONTROL RESOLUTION OF 1992; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
Attorney Dunn reminded that Council adopted this Ordinance on
first reading at their last meeting and is before Council this
evening-without changes from first reading.
Mayor Davis opened the meeting for a public hearing. With no one
wishing to.be heard, Mayor Davis closed that portion of the
meeting.
There being no further comments, Mayor Davis called for a motion.
Councilor Pysher motioned to approve Ordinance No. 92-16, Series
of,1992 on second reading. Councilor Reynolds seconded the
motion.
With no further discussion, Mayor Davis entertained a roll call.
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Those Councilors voting aye were Councilors Tom Hines, Charlie
Gersbach, Celeste C. Nottingham, Albert Reynolds, and Derek
Pysher. Motion carried unanimously.
Resolution No. 92-25, Series of 1992, A RESOLUTION OF APPOINTING
ELECTION JUDGES FOR THE NOVEMBER 3, 1992 GENERAL MUNICIPAL
ELECTION AND PROVIDING COMPENSATION FOR THOSE ELECTION JUDGES
Ms. Patty Neyhart informed this Resolution appoints judges and
provides compensation for them for the General Municipal Election
to be held November 3, 1992.
Councilor- Nottingham questioned alternates. Ms. Neyhart
responded this Resolution provides for alternates; appointing the
Town Clerk to find alternates. Ms. Neyhart added there are a few
citizens willing to serve as alternates should the need arise.
Councilor Pysher motioned to pass Resolution No. 92-25, Series of
1992. Councilor Reynolds seconded the motion and the_'motion
carried unanimously.
Resolution No. -92-26, Series of 1992, A RESOLUTION APPROVING-THE
FINAL PLAT OF SNOWBERRY TOWNHOMES, A RESUBDIVISION OF LOT 46,
BLOCK 2, WILDRIDGE SUBDIVISION TOWN OF AVON, EAGLE COUNTY,
COLORADO
Mr. Rick Pylman informed Snowberry Townhomes is a four-plex built
in Wildridge. The project is finished, people are willing.to
purchase, and move in. This Resolution creates fee simple
properties so people can purchase these units.
Councilor Pysher.motioned,.to pass Resolution No.•, 92-26; Series'of
1992. The motion was seconded by Councilor Gersbach and carried
unanimously.
Resolution No. 92-27,.Series of 1992, A RESOLUTION APPROVING THE
FINAL PLAT OF A RESUBDIVISION OF.LOT'1091BLOC -1, WILDRIDGE
SUBDIVISION, TOWN OF AVON,-EAGLE,COUNTY, COLORADO
Mr. Pylman informed this is a duplex, constructed in Wildridge.
Passage of this Resolution will create the-fee simple properties;
divide the one lot into the two units so that each unit may be
sold.
Councilor Pysher. motioned to pass Resolution No. 92-27, Series of
1992. The motion was seconded by Councilor Gersbach and carried
unanimously.
Next was New Business regarding Change Orders / Avon Road
Streetscape Plan.
Mr. Wood informed change order No. 2 to
reduce the'contract amount by $2,241.00 to
involved are with regards to: drop inlet,
metal pipe and pressure reducing valve.
B & B Excavating would
$668,659.50. Changes
drainage, corrugated
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Mr. Wood informed change order No. 2 to SaBell's Landscape and
Maintenance Company,would increase the contract amount by $3,030
to $454,885.92. Changes involved'are with regardslto:. marshal
green ash and orderless compost.
Councilor Nottingham questioned eliminaton.of trees. Mr. Wood
informed no trees have been eliminated, they will'be moved.
Councilor Hines questioned contingency fund. Mr. James responded
the fund is approximately $30,000 and these changes will be
covered.
Councilor Reynolds questioned additional changes. Mr. Wood
responded there will be other change orders and will get to
Council as figures become available. Mr. Wood added these are
not large amounts.
Councilor Reynolds motioned to approve change orders No. 2 for B
& B Excavating and SABell'S Landscape. Councilor Nottingham
seconded the motion and the motion carried unanimously.
Next was the Town Attorney's Report.
Attorney Dunn stated information received from the Colorado
Municipal League is that they are not aware of any Ordinances
having been adopted in Colorado to deal with the issues Council
heard about from the residents of the mobile home park. CML is
aware of Ordinances dealing with discrimination but not problems
that were discussed.
Mayor Davis informed of his discussion with the owner of the
trailer park. The owner assured Mayor Davis no one is being
displaced and lack of communication was the issue of concern. A
meeting of the owner and three Councilmembers will be held in the
Municipal Building on Friday, September 11th.
Councilor Pysher questioned, "if anyone has a substandard unit and
they want to transfer ownership, the only way they can do that is
by upgrading". Mayor Davis responded either by upgrading or
moving out. Councilor Pysher questioned,people owning several
units: Mayor Davis responded only when those units change present
occupant.
Mayor Davis noted that Council can be a mediator, but is uncertain
what the Council can do legally to accommodate the situation.
Next was the Mayor's Report.
Mayor Davis mentioned Amendment 1. The Tabor Committee concludes
the Amendment is poorly written and will probably be in court for
several years. It sounds like a tax limitation but will hamper
the operation of municipal government.
Next was Other Business and Councilmembers' Committee Reports.
Councilor Pysher attended a two day seminar for NWCCOG. Councilor
Pysher noted items of discussion were future concerns of NWCCOG
and prioritizing issues to be addressed in the future.
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Councilor Nottingham attended one day of the NWCCOG seminar and
discovered, with regards to NWCCOG's future goals, Avon is on the
leading edge of various services to residents.
Councilor Nottingham noted Channel #23's new Director is Suzanne
Silverthorn.
Councilor Nottingham informed Drug Free Eagle Valley.is rolling
into Red Ribbon Month. Family Challenge is encouraging the family
to do some special interest things together that are alcohol and
drug free.
Mayor Davis commented on the Vail Council has requested that the
Vail Valley Marketing Board withdraw the lodging tax from the
November ballot.
Mayor Davis noted letters have been mailed requesting money for
the transportation system / budget. For $45,000 to-hire
lobbyists, we will receive $1.2 million to purchase 7 new busses.
Mr. James informed he will be attending a CDOT meeting to discuss
available grants tomorrow.
Mr. James gave Council a list of the top 10 goals that Council
discussed at Worksession.
The Financial Matters were next presented to'Council.
Mr. James notedpages"11 and 12 of the financial regarding sales
tax. Mr. James estimated a 7% monthly increase to calculate the
remaining 1992 sales tax., Accommodations tax.in June was up_and
mainly attributed to the onda Motorcycle Group.
Councilor Reynolds moved to receive items #1 thru #12 and approve
items #13 thru #20. The motion was seconded_by Councilor Pysher
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Reynolds motioned approval of the August 25th, 1992
Regular Council Meeting minutes as presented. The motion was
seconded by Councilor Gersbach and the motion carried unanimously.
There being no further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Reynolds. The
meeting was adjourned by Mayor Davis at 9:12pm.
RESPECTFULLY SUBMITTED:
Patty Ney art, own Clerk
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APPROVED:
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