TC Minutes 08-24-19930 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 24, 1993 - 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 Albert J. Reynolds at
7:45PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy -
Yoder present. Also present were Town Manager Bill James, Town
Attorney John Dunn, Engineer Norm Wood, Director of Community .
Development Steve Amsbaugh, Director of Municipal Services Larry
Brooks- Police Chief Art-Dalton, Town Clerk Patty Neyhart, as well
as members of the press and public.
First item added under Citizen Input was Eagle County for Human
Rights.
Ms. Ann Waller and Ms. Sue Fontanese requested the Town of Avon
cosponsor adiversity celebration to be held on Saturday, October
9, 1993. As a,cosponsor- they requested,from the Town a donation.
of park usage. ( the entire Nottingham.. Park) --and -A f inancial
contribution. This would be a day to recognize, respect,,-,and
celebrate all.'cultures and ethnic groups and to promote awareness
of the human condition. The Avon event would be called the "Salad
Bowl Celebration" to include arts festival; different"dances,,
theatre, face painting, etc. Eagle County for`Human Rights is a
registered non profit organization awaiting 5013C authorization.
Councilor Nottingham's :suggestions were that :the group seek other
cosponsors, contact-the Avon Beaver Creek Resort Association for
help in coordinating this event, check with the Community-Calendar
so-as to not conflict with other events for this date; and compile
a budget for this event.
Council's consensus.was that a lot more detail is needed and
tabled this matter until further information-is received.
Councilor Fawcett suggested checking the calendar for the park.
Councilor Fawcett added that if they are asking the Town to donate
the park for one day, in one way that deprives the rest of the
citizens use of the park. Council needs to.make certain this is a
well planned event that the community supports.
Second Reading of Ordinance No. 93-7, Series of 1993, AN
ORDINANCE AMENDING CHAPTER 15.12 NATIONAL-ELECTRICAL CODE, OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO CERTAIN FEES; AND
PROVIDING FOR PENALTIES THEREFOR
Mayor Reynolds stated this is a public hearing.
Mr. Steve Amsbaugh stated this Ordinance will amend the National
Electrical Code section of Chapter 15 of our Municipal Code to
provide fora fee to be charged for an inspection of elevators in
the Town of Avon. There are about 22 elevators in Avon that would
require an annual checkup.
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This Ordinance passed on first reading August 10th and at that
time the Northwest Colorado Council of Government's elevator
inspector gave a presentation about the purpose of the program:
Our 1,991 code allows us to inspect elevators. Implementation of
an inspection program requires that a qualified person make those
inspections. And, NWCCOG does have such an inspector on staff.-
This Ordinance allows the Town to charge a fee,to offset charges
that would be charged by that inspector for those inspections.
The inspection fee if $150 for elevators and escalators and $75.00
for commercial dumb waiters.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Hines motioned-adoption-of Ordinance No. 93-7, Series
of 1993 on second reading. Councilor Roof seconded the motion.
With no further discussion, Mayor Reynolds entertained a-roll
call.
Those Councilors voting in favor were Judy Yoder, Jim Roof,
Celeste C. Nottingham, Tom Hines, John Hazard, and Jack Fawcett.
The motion carried unanimously.
Resolution NO. 93-32, Series of 1993, A RESOLUTION TO CERTIFY THE
ELECTION BALLOT.
Mr. Bill James stated there are three questions that will be put
before the electorate on November 2, 1993. Question A, regarding
the aquatic / recreation facility, is-asking for authority to
issue $3,900,000 bonds for construction of the facility. That
amount represents $3,-450,,000 for construction costs, $100,000 for
bond insurance costs,,-and $350,000 for bonder-eserve.fund.
Question B is asking for authority'to issue,bonds to purchase land
for a public works facility. That amount represents $1,507,500
for the purchase of the land,.$42,500 for bond insurance costs,
and $150,000 for bond reserve fund. And, Question C, after the
aquatic / recreation facility is built, will allow the Town to
collect-and-spend annually, for the operations of the facility,
$450,000.
Mr. Dee Wisor, bond counsel with Sherman & Howard, informed the
Resolution this evening is before Council due to Amendment 1. The
Eagle County Clerk and Recorder will be-conducting a coordinated
election this November. The intention is to have-these three
questions, on the Resolution, submitted as,part of that
coordinated election. Parts of these questions are specifically
required by Amendment 1.
Councilor Fawcett stated that wherein our citizenry is asked to
approve two bond-issues. In each"instance, there is a sentence
that states, there will not be any increase in the current rate of
any.such taxes. Mr. Wisor stated this was based upon Council's
direction. Mr. Wisor added that if the bond.issue passes-and-you
-issue the bonds and later wanted to increase taxes to pay those
bonds, you would have to go back to the voters to request that
approval.,
Councilor Nottingham motioned to approve Resolution No. 93-32,
Series of 1993. Councilor Roof seconded the motion.
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Councilor Fawcett amended the motion, that is; in section 4,
paragraph C; that the last three lines; that a period be placed
after Constitution, where it says Colorado Constitution. With a
questions mark; not a period. And, then the "such amount to be
adjusted in 1995, and thereafter for inflation and local growth to
the extent permitted by Article X, Section 20 of the Colorado
Constitution?" be stricken. Councilor Roof seconded the
amendment.
Mr. Wisor noted that the amendment would require three other
changes; the same question appears on pages 6, and 9, as well as
page 3. Councilor Fawcett confirmed his amendment to include this
same language on pages 6 and 9.
Councilor Nottingham withdrew her motion.
Councilor Fawcett withdrew his amendment to the motion.
Councilor Hines motioned to approve Resolution 93-32 with the
aforementioned clause stricken from all questions C, as referred
to on pages 3, 6 and 9. Councilor Fawcett seconded the motion and
the motion carried unanimously.
Resolution No. 93-30, Series of 1993, A RESOLUTION APPROVING THE
FINAL PLAT FOR A DUPLEX RESUBDIVISION FOR LOT 13, BLOCK 1,
EAGLEBEND SUBDIVISION FILING NUMBER 1, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Mr. Amsbaugh stated this Resolution would grant approval of the
final plat for a resubdivision, Lot 13, Block 1, Eaglebend, Filing
Number 1 into two duplex lots. Final Plat map was displayed on
the wall. Basically, it is a rectangular lot being divided into
two; to separate an existing constructed duplex unit. This final
plat is consistent with the zoning requirements and subdivision
requirements of the Town. Staff has reviewed and recommends
approval.
Councilor Roof motioned approval of Resolution No. 93-30, Series
of 1993. Councilor Nottingham seconded the motion and the motion
carried unanimously.
Resolution No. 93-31, Series of 1993, A RESOLUTION APPROVING THE
FINAL PLAT FOR A DUPLEX RESUBDIVISION FOR LOT 29, BLOCK 1,
WILDRIDGE SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO.
Mr. Amsbaugh displayed the proposed plat map on the wall. This
is in the Wildridge subdivision. This is an existing duplex
structure that is nearing completion. Staff has review and
recommends approval.
Councilor Roof questioned the clause, "subject to completion of
technical corrections". Mr. Amsbaugh stated all has been
corrected and suggested approving by striking that sentence.
Councilor Hines motioned approval of Resolution No. 93-31, Series
of 1993 and strike the sentence "subject to the completion of
technical corrections as identified by the Town Engineer".
Councilor Yoder seconded the motion and the motion carried
unanimously.
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First item under New Business was the Master Drainage Update.
Mr. Norm Wood reminded.-approximately 1-2.months.ago Council
reviewed the preliminary 'phase of the first .phas,e of, the master.,
drainage study that was prepared by"Intermountain Engineering.
This is a proposal for phase two which will develop.,phase one"into
more detail. This includes detail mapping, developing detail
flow, routing flows, etc. The estimated cost_ is $44, 650. The
proposal was based upon an-hourly rate,,_with a'cost.not to exceed.
Mr. Jeff Spanel, from Intermountain Engineering, is present to
answer any questions. Staff recommends approval for this proposal
for engineering services for the master drainage study.
Councilor Roof questioned if this will address Tract G, proposed
building site for aquatic/recreation center-. Mr: Spanel stated
yes, in an overall concept. It will address how much water.needs
to go through this area. It can't provide specific design as we
don't know what is to be built yet.
Councilor Fawcett stated the site plan they had viewed with the
aquatic/recreation center, Mr. Wood indicated it may be-subjected
to flood. Councilor Fawcett questioned how much danger and what
can we-do to alleviate it, etc. Mr. Spanel stated this can be
included, as long as site plans are available.
Councilor Nottingham,questioned how long will this be good for.
Mr. Spanel stated the existing master drainage plan is 12 years
old. A lot has happened in the last 12 years and there will be.a
lot _happen in the next 12 years. Mr. Spanel would like to think
the core part of the reports will be good for at least that long
but it is difficult to predict what will happen in the next 12
years: It is intended to be a long term planning tool for
engineers and planners. Councilor Nottingham also expressed
interest in Tract G for the possible site of the
aquatic/recreation center. Mr. Spanel hasn't seen the plan and
from.what he understands it will be difficult to get the water
around it, but will see what can be done.
Mr. Spanel added we will be studying what is referred to as the
100 year storm which is a 1% probability storm event.
Councilor Hines questioned routing. Mr. Spanel stated this will
include-recommendations of how to get the flow through-the Town.
It is not going to be detailed designs. Councilor-Hines
questioned pollution and EPA mandates. Mr. Spanel will research.
Councilor Hazard questioned if Mr. Spanel was aware the
architects were bidding for the aquatic/recreation center on top
of,this drainage route. Mr. Spanel stated no; not until the
proposal had been submitted. Councilor Hazard stated obviously
the architect did not get the whole story because now they have to
-re-figure, to avoid this drainage problem. Mr. Spanel stated the
site plan will need to be looked at closer.
Councilor Yoder questioned if competitive proposals were received.
Mr. Wood informed not on this phase. Mr. James noted -
Intermountain Engineering was hired for phase one to determine if
there was a-need for additional planning for a drainage--study.
Mr. Spanel added it was intended to-be a phase one., phase-two
type of project. Councilor Yoder questioned policy of 'competitive
bidding. Mr. James stated there is no requirement in our-Charter
that requires us to go out and competitively bid for services.-
Councilor Hazard asked who decides who gets what. Mr. James
stated Town Council decides.
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Councilor Hines stated we approved phase one. Councilor Hines
added that since Mr. Spanel has already done phase one and since
Mr. Spanel probably already has a lot of the figures'; Councilor
Hines hoped the cost runs concurrent with having some of that
information and cautioned that if Council were to go out for bid,
it may cost a bit more. Councilor Fawcett concurred.
Mayor Reynolds remembered it was a forgone conclusion that Mr.
Spanel would do phase one and two.
Councilor Hazard suggested that maybe on further works Council .
gets competitive bids. Council's consensus was this is on a case-
by case basis.
Councilor Hines motioned approval of the proposal for engineering
services from Intermountain Engineering. Ltd. for master
drainage study, phase two with costs not to exceed $44,650.
Councilor Hazard seconded the motion and the motion carried
unanimously.
Next item under New Business was the County Agreement / Election.
Town Clerk Neyhart distributed revised copies of the
Intergovernmental agreement with Eagle County and the Town of Avon
regarding the coordinated election. Town Clerk Neyhart outlined
changes that were made to the document. Those changes were made
with the help of Town Attorney Dunn and customized the document
for the Town.
Councilor Fawcett noted emphasis is made on no new taxes, etc. in.
the ballot issues and requested Town Clerk Neyhart to urge upon
the County Clerk and Recorder to leave this as is. And, Councilor
Fawcett requested a separate ballot for Avon.
Councilor Roof motioned to approve the Coordinated Election /
Intergovernmental Agreement as presented. Councilor Fawcett
seconded the motion.
Councilor Hines motioned to amend the motion to authorize the
election officer for the Town to sign the Coordinated Election/
Intergovernmental Agreement subject to the Town Attorney making
changes that-relate specifically to the Town of Avon. Councilor
Roof seconded the motion.
Councilor Fawcett stated-there are no changes to be made as they
have the revised copies.
Councilor Hines motioned to amend his amendment,to withdraw the
part of-his amendment that relates to the chances but left in the
part that authorizes the election officer to sign,the agreement.
Councilor Fawcett seconded.
Attorney Dunn interjected this is still subject to approval of the
County and may require=further Town changes: Attorney Dunn
suggested to leave the 'change clause in the,motion.~'
Councilor Roof withdrew his motion.
Councilor Hines withdrew both of his amendments.
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Councilor Hines motioned to authorize the election officer for the
Town to sign the Coordinated Election / Intergovernmental
Agreement subject to the Town Attorney making changes that relate
specifically to.the Town of Avon. Councilor Fawcett seconded and
the motion carried unanimously.
Next item on the Agenda was the Town Attorney Report; Rental of
Bedrooms in Residential Areas.
Attorney Dunn reminded Council had asked him to report on the
issue of rental of bedrooms in Wildridge. Attorney Dunn
distributed copies of the plat of Wildridge. The definition of
dwelling unit, that appears on this plat, is one or more rooms in
addition to a kitchen and bathroom facilities in a permanent
building designed for use as a dwelling exclusively by one family
or one or more human beings as an independent housekeeping unit
and independent of other such families. There are things that are
not included; hotels, lodge units, railroad cars, etc. Attorney
Dunn understands the issue to be whether under that definition a
property owner may lease out bedrooms to more than one persons
under separate leases. Attorney Dunn stated his opinion that
staff may adopt a construction of the definition of a dwelling
unit which does not permit that, if that is the desire of the
Council. This construction of the definition may preclude that
kind of a use and this is based on the language of independent
housekeeping unit. Attorney Dunn stated he does not believe when
you have more than one person renting out bedrooms under separate
leases, even though they may share the housekeeping facilities,
that they are a housekeeping unit. This is an interpretation and
subject to legal recourse. Attorney Dunn noted it makes more
sense to take the definition we have, put an interpretation on it
and enforce the definition as it has been interpreted by Staff.
Councilor Fawcett questioned if we need a resolution for the
construction of this definition and then do we follow up with a
letter of those properties that are nonconforming.
Councilor Hines questioned prudence, legality, and intent.
Councilor Fawcett responded he does not think we should rent out
each bedroom in a single family home; this is a boarding house.
And, with Council's interpretation of this particular definition
we have a basis to prevent it; just as it is; direct Staff to
interpret it that way; the construction of the definition.
Councilor Hines questioned necessity of defining the statement to
such an extent that it negates the freedom of the homeowner and
what they want to do; does this mean that the homeowner can't
leave for a month and rent the home out. Councilor Fawcett
responded not at all, just single bedrooms.
Councilor Roof questioned does it mean that you can't rent a
single bedroom out of your home. Councilor Hines questioned
providing a lock off with their house. Councilor Nottingham
stated a lock off doesn't have a kitchen. Councilor Hines stated
a family may live in the house and they rent a bedroom out for
supplemental income that shares the same kitchen and other
facilities as the family.
Councilor Hines questioned enforceability.
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Councilor Fawcett explained separate leases for each bedroom are
the concern. Councilor Hines ask if the homeowner has the
mortgage and they lease a bedroom would this situation be
included. Attorney Dunn stated yes. Councilor Hines confirmed;
if this language is interpreted this way the homeowner would not
be allowed to rent a bedroom of his house to an individual.
Councilor Fawcett stated we can make a distinction between a
separate lease of each bedroom and from someone paying a monthly
fee. Councilor Fawcett noted we have currently something that
might prevent what is going on in Wildridge and is in favor of
interpreting it that way and having a letter go out. On the other
hand, we may wish, in the future, to write a separate Ordinance
with respect to people leasing out a bedroom with someone that is
living in the house. You are the primary owner and the idea is
you are there; you are watching over your possessions. In the
other case, you are not; you're not living there at all and using
this as an investment tool.
Councilor Hines interjected that his response received from
Attorney Dunn was that yes it would unilaterally apply.. Councilor
Fawcett reiterated at a later date we may consider passing an
Ordinance that would allow someone as long as they are living
there so they can monitor the situation and is meant to produce
additional revenue for the owners.
Councilor Hines agreed to defining the interpretation of the
language in existence and at the present time move forward on
adopting the language of an Ordinance to concern the other
subject.
Councilor Roof expressed concern about this applying to all or is
this just Wildridge. Mayor Reynolds stated this would be for all.
Mayor Reynolds noted they installed cable hookups and telephone
hookups without coming before Council.
Councilor Yoder added we should also include that there shouldn't
be a commercial establishment in a residential area that rents
their place out for weddings. Mayor Reynolds stated those people
went before the Planning and zoning commission and received a
variance.
Councilor Hines stated he would be comfortable if Attorney Dunn
could adopt language that precludes the intent of the
Councilmembers desire of i.e. the separate leases type thing but
does not preclude the homeowner renting out the downstairs or a
room, whatever, to another individual. Attorney Dunn thought a
summation can be drawn; one is a pre-planned marketed scheme and
the other is incidental use.
Councilor Fawcett motioned that the interpretation given by Town
Attorney John Dunn as to the construction of the language or
definition of dwelling unit contained in a final subdivision plat
of Wildridge Town of Avon, Eagle County, Colorado be the
construction adopted by the Town and by our Town Staff and that
notice be given to anyone that may presently, or in the future, be
violating that provision. Councilor Nottingham seconded.
Councilor Roof requested clarification of motion; does this just
include Wildridge or all of Avon? Councilor Fawcett stated only
in this plat; thus Wildridge only for this purpose.
The motion carried unanimously.
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An item added to the Agenda under Other Business was discussion on
the Wildridge Pocket Park / Secondary Utility Locate.
Mr. James stated during construction of the Wildridge Pocket park
a secondary power line was hit. Holy Cross Electric is not
responsible for locating secondary lines therefore it is the
Town's responsibility to replace this line. An estimate from
White River Electric is for $3,850. There is $1,160 in
contingency, thus Council needs to authorize a change order or an
expenditure of $2,690 to replace this secondary power line.
Councilor Roof stated that Holy Cross Electric, if requested, will
locate every line in a location. But, Holy Cross Electric is not
responsible for a secondary power line if it is hit.
Councilor Yoder voiced concern about water running from the
hydrant and a tree that was knocked down. Mr. Larry Brooks
informed the tree was still in a wire basket from when it was
Planted and it had a diseased root system. It was determined that
it was not worth the effort. Mr. Brooks informed the customer
that ordered the hydrant meter is paying for that water.
Councilor Fawcett questioned bidding out this work. Mr. James
stated White River Electric does most of the Town's electrical
work. We can bid it out and will incur some time delays. Mr.
Brooks stated we need to complete this electrical work in order to
finish the grading. Mr. Brooks added this is a very responsible
and effective quote.
Councilor Nottingham motioned to authorize an additional
expenditure of $2,690 to replace the secondary power line and
conduit that was hit during the site excavation. Councilor
Fawcett seconded the motion and the motion carried unanimously.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #6 and
approve items #7 through #8. The motion was seconded by Councilor
Roof and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Yoder motioned approval of the July 27, 1993 Regular
Council Meeting Minutes as presented. Councilor Hazard seconded
the motion and the motion carried unanimously.
Councilor Hines motioned approval of the August 10, 1993 Regular
Council Meeting Minutes as presented. Councilor Roof seconded the
motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Yoder moved to
adjourn. The motion Was seconded by Councilor Hines. The meeting
was adjourned by Mayor Reynolds at 9:28pm.
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RESPECTFULLY SUBMITTED:
Patty,Ney art', Town-_Clerk
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