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TC Minutes 05-24-1994MINUTES OF THE REGULAR. MEETING OF THE TOWN COUNCIL HELD MAY 24, 1994 - 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 7:35 p.m. A roll call was taken with Councilors Jack Fawcett, Tom Hines, Celeste-C. Nottingham, Jim Roof and Judy Yoder present. Councilor John Hazard was absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Director of Municipal Services Larry Brooks, Planner Mary Holden, Town Engineer Norm Wood, Transportation Director Harry Taylor, Superintendent of Recreation Meryl Jacobs, Fire Chief Charlie Moore, Police Chief Gary Thomas, Deputy Town Clerk Kris Nash, as well as members of the press and public. First item on the Agenda under Citizen Input was a Request for Sponsorship to Wrestle in Austria. Mr. Robert Hermosillo stated he has been invited to represent the Junior College National Wrestling Team to wrestle in the Austrian Grand Prix June 24 and 25, 1994. Mr. Hermosillo said his goal in wrestling is to represent the United States in wrestling and in a sense this is the first step to that goal. Mr. Hermosillo is now trying to gather the funds. He has been a lifelong resident of the valley and has wrestled for over nine years. He finished runner-up in state for Battle Mountain High School last year and finished in fourth place the previous year. He competed in the Junior National tournament both his junior and senior years and. almost made it to the placing grounds which is where he gained recognition with this coach who thinks he is a strong competitor to represent the Junior College National team in Austria. Mr. Hermosillo stated the cost is approximately $1,800. Mr. Hermosillo is currently employed by Gallegos Masonry and is putting $500-$700 of his own towards the trip. The $1,800 will cover food, airfare, room and board, entry fees to the tournament, etc. Mayor Reynolds asked if Mr. Hermosillo has approached anyone else. Mr. Hermosillo has approached Gallegos Masonry. He has not approached any other municipalities and was not sure if the local businesses would be more inclined to help high school students as opposed to college students. He is planning to approach Gorsuch, Ltd., and Gallegos Masonry. His family is also helping him. Councilor Fawcett asked if Mr. Hermosillo has made the $1,200 payment yet. Mr. Hermosillo said he has not made any payments yet, but has spoken with the coach and has made arrangements to gather all the money and make one payment prior to leaving June 18. He is guaranteed a spot on the team. Mr. Hermosillo was asked where he lives. He responded in Minturn.. Councilor Fawcett asked if he has approached the Minturn-Town Council. Mr. Hermosillo stated he'has not been able to approach them yet but will be speaking with the Minturn Town Manager to schedule to meet with their Town Council. Councilor Roof asked who paid for the Junior Nationals. Mr. Hermosillo stated the local businesses donated half the money and he.paid half, but the cost was only $500. Mr. Roof suggested he contact the same businesses who helped with the Junior Nationals to,help.with the Austrian Grand Prix. i • Mr. Hermosillo stated the Vail Daily also interviewed him and he gave his telephone number in the article so anyone interested in helping can contact him. Mayor Reynolds asked how much money Mr. Hermosillo was asking for from the Avon Council. Mr. Hermosillo responded whatever the Council would be willing to donate. Councilor Yoder congratulated Mr. Hermosillo and said it was a great opportunity, but she believed he should be going through private sources and this donation would not be proper use of public funds. She felt the community would support him. Council Roof was in agreement that this was private funding not government. Councilor Hines appreciated Mr. Hermosillo coming before the Town and he was following the right path; it takes courage to try to drum up money. Councilor Hines stated a standard policy the Town has adopted was to take requests on a per budget basis and appreciate requests coming in at budget time. Councilor Hines stated Mr. Cliff Thompson of the Vail Valley Times was willing to contribute. Mr. Thompson presented a check to Mr. Hermosillo. Ms. Gloria McRory, owner of Avon Quick Print, told Mr. Hermosillo she would donate. Councilor Nottingham, being-a Community Advisor for Colorado Mountain College, stated she would be willing to see if there is any athletic scholarship money they could put toward this and he should.contact.Kay.Saulsberry at the college. Councilor Nottingham also stated it is more'difficult for the Town to give out taxpayers dollars and sales tax dollars than it is for the private industry. Councilor Fawcett suggested Mr. Hermosillo give his phone number out at this meeting as it was being televised. He did so. Council's consensus was donations-should come from-the private sector and wished Mr. Hermosillo much luck and thought he would do very well. Resolution No. 94-20, Series of 1994, A RESOLUTION AMENDING THE 1994 BUDGET Town Manager Bill James stated the Council approved a new position for the Town titled Code Enforcement Officer. This person will be responsible for animal control as well as enforcement of municipal ordinances. This budget will provide for-one half year salary and equipment needed to start the new position. Mayor Reynolds asked if the County had been terminated. Mr. James stated they are on a 60 day notice and their contract will terminate around June 15. Mayor Reynolds asked for action. Councilor Hines motioned to approve Resolution No. 94-20, Series of 1994. Councilor Yoder seconded the motion and the motion carried unanimously. 2 0 • Next item under Unfinished Business was the Mobile Home Master Plan. Planner Mary Holden informed this was a request for approval of the Master Plan Development for the Aspens Mobile Home Village. The Aspens Mobile Home Village is an existing non-conforming use and they want to upgrade it but will not be able to upgrade to the standards set forth in our zoning code. The proposed development plan would include: 158 home spaces (93 single wide, 65 double wide), the set backs would be 3 feet from any line and the mobile homes would have to have a minimum separation of 10 feet. Decks, stairs, storage sheds, carports would also have the required 3 feet setback from any lot line. There will be 2 9' X 18' parking spaces on the sites that will be asphalt or concrete. Each lot is.allowed to have 'a storage shed. Each site must be landscaped with grass-or sod. Staff would recommend approval of the Master Development Plan and the standards for the Aspens Mobile Home.Park. Ms. Holden then introduced Teresa, manager of the Aspens Mobile Home Village, to answer questions. Mayor Reynolds stated several months ago, Mike Sullivan with the trailer park, came before, Council and said they were trying to get rid of some of .the old trailers in the park and relocate the people. Mayor Reynolds asked Teresa if this had been accomplished. Teresa stated they still have quite a few undesirable homes that they cannot remove until the owner sells the home. When they do sell, they are asked to move the home because it is not up to park standards. Mayor Reynolds questioned "you ask them to move it". Teresa stated yes because they cannot sell it when they are in bad shape and cannot bring it up to park standards. Mayor Reynolds commented he thought they were doing a very nice job at the park but had legitimate concern for some of the people who have been there for so many years. Teresa stated yes but those people that are there are not being asked to move out unless they say they are moving,out, then they are being asked to sell it and move it out of the park unless they can bring it up to standards. Mayor Reynolds asked if the park sets the standards. Teresa responded yes, when a home sells they do a walk through of the home telling them what needs to-be done to bring the home up to standards. Councilor Roof asked if the standards were presented to Council tonight. Teresa responded no, they are not in writing. Councilor Fawcett asked if the owner of the home cannot sell his home unless they make these improvements or the new purchasers make these improvements. Teresa stated yes, it is in the lease that before a home is sold the owner must have park approval. Councilor Hines asked what right does the park have to dictate what needs to be done if the owner sells his home and moves the home out of the park. Teresa stated that does not apply. Only the homes in the park. Councilor Fawcett asked if any of the owners have complained that they cannot sell under those terms. Teresa stated the last homes that have been sold, the required work was done. None have said they want to sell but cannot afford the upgrades. Mayor Reynolds asked how many homes were left. Teresa stated about 30 percent of the smaller 12' x 60' older homes. Councilor Roof asked basically there are a certain number of homes that no matter what is done will not meet the standards. Teresa stated that is correct. 3 Councilor Nottingham asked even though they do a walk through and say what needs to be fixed, the standards are not in writing. Teresa said that is correct. Councilor Nottingham suggested it be put in writing. Teresa stated it is in the lease that they do need to have to have park approval prior to selling.. Councilor Nottingham asked about the size of the storage sheds. Teresa stated they should not be over 120 sq. ft. per lot. Councilor Nottingham asked Ms. Holden if that is in writing on the Master Plan. Ms. Holden stated it is not. Councilor Nottingham thought it should be part of the Master Plan. Councilor Nottingham asked what is the breakdown of spaces now. Lots now are 162 and are going down to 158. What amount of people now are paying for a single wide space and for a double wide space. Teresa stated there are now 54 double wide and 108 single. Of the 54 double wide, that means there are 54 people paying for double wide spaces that are not in adouble wide home but'are in a double wide space. Actual double wide homes are 25. Councilor Roof stated regarding the standards, he has heard in some situations,some of the requirements,.being-put on the sale of these homes is making it not worthwhile 'to sell. He has heard some people are just going to leave'the'trailer on the site and not make any improvements because anything they do is not going to meet standards and they are not willing to put the amount of money into the-mobile home that is going to be required of them to sell. The result is that these homes are not going to be asked to be pulled out because rather than put the money into it they are just not going to sell it and live in it until it crumbles. Teresa said at this time they are sending letters to those homes that are in such bad condition and asking them to make the improvements; make them livable. Upgrade them by painting, fixing stairs, adding porches, cleaning yards to make it look better. Teresa agreed that eventually people do outgrow their home and she has had several families in very small homes who are looking to pull out their current home and putting in a regular size home but are financially unable to do it. Councilor Roof confirmed that that option is available to them. Teresa said yes once they are in the space they do have the option to pull out the old trailer and put in a new one. She has had two people do that since she has been managing. Councilor Nottingham asked if the people who,were sent letters to make improvements choose not to, can the park choose not to renew their lease. Teresa said now everyone is on a month to month lease and they are renewing all the leases because they were so outdated. Councilor Nottingham asked so if a person chooses not to make upgrades you may say to them that since you have not done this you have no lease? Teresa stated actually it is very hard to convict someone who is paying their rent on basis of not doing things. At this time the park is talking with their attorneys about the people who are breaking the rules. All the rules and regulations are in writing and they must upkeep their home. They are trying to see how they can go about getting and injunction or citation to the people who don't follow the rules. So far they are sending out letters to people at the beginning of the month and the people are coming back and saying to give them so much time and they will make the improvements. The ones they are having the problems with are the ones with renters in. The owner lives in a different area and they don't care. 4 Councilor Roof asked if the owners who put up fences are required to remove them when they sell. Teresa stated yes. Just like the mud rooms, it was grandfathered in that the ones that are there could stay but no new ones are allowed. Councilor Roof asked why. Teresa stated it is in the park rules. Councilor Roof thought fencing is an added thing to some of those homes and disagrees with the rule of no fencing. Mayor Reynolds asked if the approval of the Master Plan should be in the form of a resolution. Attorney Dunn stated he was hesitant because it was not the typical thing that goes through the zoning process, there is not a site plan or something-that Council ordinarily approves. Attorney Dunn believes it is just more informational and asked if there.is a request by the owners that they receive any approval. Councilor Hines questioned Ms. Holden about the visibility problem, the 3 foot set back and the staggered parking caused site corridor concerns.' Did Staff perceive any problems with that. Ms. Holden stated what they are proposing is upgrading the park, they are spacing out so the view corridors are not getting anymore blocked than they already are. Councilor Roof added to Councilor Hines questions about the site corridors. Some of the trailers are being allowed to park three feet from the pavement and with the parked cars lined up as it is, you cannot see into the road because the trailer is obstructing your view as you back out onto the roadway. Councilor Hines stated the issue raised is there are no sidewalks, there is a lot of pedestrian traffic and blind spots. There was concern raised now and at previous discussion there was not an answer as to whether the change in lot lines would ease the situation or if it would remain the same. As it stands now some residents complain that when they back out of their lot they have no visibility. Teresa stated there are no homes 3 feet from the street they:are all 10 feet back. Councilor Roof disagreed he felt there were several that were only 6 or 7'feet'back. He added the opportunity exists in this new Master Plan for some homes to be,positioned on some lots 3~feet from the curb. That could be a`potential problems with the traffic and pedestrians. Ms. Holden stated they may want to increase the front yard setback from 3 feet to 10 feet to provide the parking in front. Councilor Hines stated he needs to know if they have the ability to move the mobile homes back and what set back could be 'worked with to comfortably shift back the mobile homes on the lot so the minimum and maximum setback could be made. Ms. Holden stated she could get back to Council on whether or not the 10 foot setback could go as a change over. Councilor Fawcett confirmed that with the existing non-conforming use and month to month leases the owners are asking the Council and planning staff for approval of the upgrading which they may be able to do without the approval. Teresa confirmed that is correct. Councilor Fawcett said he was not sure why Council was needed. Attorney Dunn thought it should be made informational and Council should not be in a position of approving a non- conforming use. 5 • 0 Councilor Nottingham asked Ms. Holden that in her introduction she stated they could not do the proposed Master Plan-for what it should be and Councilor Nottingham would like to know what should it be. Town Engineer Norm Wood stated there is a section in the zoning code addressing mobile home parks, primarily new ones, establishing set back standards, street standards, etc. for new parks. It is substantially more restrictive than what this park was developed under. In the rezoning process, the original zoning was mobile home park and under the rezoning it was zoned residential medium density so with the rezoning the mobile home park became a non-conforming use. What is being proposed here is somewhat of an upgrade from the current standards that the park was developed under but not brought up to full standards that would be required of a new mobile home park under the zoning codes. Councilor Hines stated so this is not something we can demand of them. Councilor Roof disagreed because the existing code states that any changes that occur in the mobile home park cannot not be less conforming than originally expected of from the rezoning. Councilor Hines asked what is less conforming. Councilor Roof exampled the three foot setback becomes a safety concern that was not there prior to the new mobile home moving on site. Attorney Dunn stated degree of non-conformance may not be increased. Councilor Fawcett stated they cannot legislate a non-conforming use because it is grandfathered. Councilor Roof agreed but they can't agree, to allowing it either. Councilor Fawcett stated the Council should do nothing. Councilor Nottingham stated as far as the Accessory Setbacks, she cannot even make an informational comment because she wouldn't know if it is better or worse than it already is. She has nothing to gauge it and it is not her business to do so since it is non-conforming use. Councilor Roof stated he would like to request more information on the standards that the park would require of the residents. Mayor Reynolds stated under the circumstances Council is.unable to do anything because it is a non-conforming use and the meeting should proceed. Next item on the Agenda was Town Attorney Report. Attorney Dunn reported last week Mr. James, the planning staff and himself met with Jack Hunn regarding the Wildridge Covenants. The Town has never felt it appropriate to enforce the Wildridge Covenants and some of the residents of Wildridge feel the Covenants should be enforced. The consensus of the meeting was that Staff would do two things; adopt the design guidelines as part of the Town's guidelines and make those design guidelines applicable to Wildridge, and amend the Wildridge PUD to make the Wildridge Covenants a part of the PUD and make them enforceable. Any zoning change must be in compliance with the Master Plan. There are two sources of information in the case of Wildridge, the private covenants and also the Master Plan. As long as those two are consistent something can be accomplished. As far as the design review guidelines are concerned, those would be considered first by the'Planning Commission as amendment to the design guidelines. The function of the Council would be to approve or disapprove those design guidelines as they are amended. As far as zoning or PUD is.concerned, that would be a Town initiated zone change. It would have to proceed with a public hearing and start at the Planning Commission level and once a recommendation is made it would then move onto Council. 6 Mayor Reynolds commented he hoped it would be very successful and has been a long time coming. However, there is a lot of work to be done when it comes to public hearings. Councilor Fawcett asked if the PUD is amended would it be retroactive with existing homes. Attorney Dunn answered no. It would be any home that is not in compliance with the non- conforming use and would not actually get any protection or lack of protection. It would be a matter of violation of private covenants. If the dwelling is in violation of covenants that remains something subject to applicable statues of limitations anyone could seek to enforce. The statues of limitations is only one year. Mayor Reynolds asked if the covenants would be upgraded. Attorney Dunn said it is very difficult-to amend covenants because it requires a large percentage of the owners to consent. Mr. James stated there are two separate documents; design guidelines and the protected covenants. Councilor.Fawcett commented the P&Z are doing an excellent job in trying to promote the best quality construction, design, appearance, etc. they can. Where there is a lack is the area of enforcement of some of the provisions such as completion of driveways. He hopes that when evaluating the covenants we think in terms of enforcement in case these guidelines are not followed. Mayor Reynolds stated that should be one of the jobs of the new Code Enforcement Officer. Councilor Fawcett stated there should be some sort of fine on the property if X number of days after notice the party is fined X number of dollars per day and then lien that property for that money and eventually foreclose on that property should they not pay. Mr. James stated we need to legislate protective covenants and put some teeth into the design guidelines as well. The whole purpose is to adopt this is so it will be a Municipal- Code violation and then they can be cited into municipal court, $500 offense and 90 days in jail. Mayor Reynolds asked how long this would take. Attorney Dunn stated once it gets moving through the process it would only take a couple of months. Next item on the Agenda was other Business. Councilor Yoder stated John Hazard was presented a plaque awarding him thanks for all of his years with the Avon/Beaver Creek Resort Association on behalf of marketing at the Avon/Beaver Creek Resort Association Hoedown. Councilor Yoder stated also John Hazard was in France giving a eulogy on Omaha Beach. Councilor Fawcett added he also plans to put a wreath at Omaha Beach on the monument that will say the Town of Avon. Councilor Fawcett stated he attended the CML meeting last Saturday and he has the latest pamphlet on Amendment one if anyone would like a copy. 7 s Mr. James stated regarding the question why"so much money was being spent at Doctors on Call, approximately $450 was for the police department for annual physicals. Transportation Director Harry Taylor stated the, large amount was for physicals for new hires for summer, pre-employment drug test for new drivers, and random drug testing. Councilor Hines stated there is a COG meeting in Steamboat Springs on Thursday if any of his fellow Councilmembers would like to attend. Councilor Nottingham stated the first Eagle County Charter School has been approved and the school will be opening as Eagle County Charter Academy September 6th, 1994, at the Vail Bible Church in Eagle Vail. Next item on the Agenda was the Consent Agenda. a.) Financial Matters b.) Approval of the May 10, 1994 Council Meeting Minutes Councilor Nottingham motioned to approve the Consent Agenda. 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 Nottingham moved to-adjourn.. -The"motion was seconded by Councilor Fawcett. The meeting was adjourned by Mayor Reynolds at 8:47 p.m. RESPECTFULLY SUBMITTED: KiWNash, De"uty Town Clerk 8 APPROVED: