TC Minutes 12-13-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER 13, 1994 - 7:30 P.M.
A 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 Reynolds at
7:32PM. A roll call was taken with Councilors Richard Carnes,
Jack Fawcett, John Hazard, Celeste C. Nottingham, and,Judy Yoder
present. Councilor Tom Hines arrived approximately 7:50PM. Also
present were Town Manager Bill James, Town,Attorney'John Dunn,
Town Clerk Patty Neyhart, Planner Mary Holden, Fire Chief Charlie
Moore, Police Chief,Gary Thomas, Transportation Director Harry
Taylor, Director of Municipal Services Larry Brooks, Recreation
Director Meryl Jacobs, and Community Service'Officer Steve
Hodges, as well as members of the press and public.
First Reading of Ordinance No. 94-23, Series of 1994, AN
ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN LEASE AGREEMENT
Mr. Bill James stated this lease agreement is for the purchase of
the "Pledge", a sculpture by Glenna Goodacre. The purchase price
is $150,000 and the sculpture is valued at $195,000. The lease
payments will be $50,000 each year for 1994, 1995, and 1996; plus
interest.
Councilor Hazard motioned approval of Ordinance No. 94-23, Series
of 1994, on first reading. Councilor Yoder seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Second Reading of Ordinance No. 94-21, Series of 1994, AN
ORDINANCE AMENDING TITLE 8, CHAPTER 8.24 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF
Mr. James reminded that Council, Planning & Zoning Commission (P
& Z)-and Staff have received a lot of input and reviewed this
Ordinance. Changes have been made to reflect that input and
review. Those changes are: change 72 hours, in terms of how long
a recreational vehicle can be stored on site, to 14 continuous
days. After that, if there is to be permanent storage on site,
they have to go through the process of getting approval from the
P & Z to screen recreational vehicles from public view.
Temporary structures are basically the same, with the addition of
an administrative procedure. They can make application to the
community development department for approval of temporary
structures. Staff is recommending deletion of the newspaper
racks from this Ordinance. Cliff Thompson has volunteered to,
help with the volunteer program. Staff is also recommending an
administrative process for the outdoor display of merchandise.
These changes are offered for Council's consideration this
evening.
Mayor Reynolds opened the meeting for public hearing.
Mr. Jack Hunn, Wildridge resident for eleven years and a P.& Z
Commissioner"for five years, shared his views as a citizen;
primarily the recreational vehicles. Mr. Hunn has been concerned
about the image of these'in our town and particularly in
Wildridge.. Mr. Hunn distributed to Council photographs taken
last summer of the conditions in Wildridge.
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The photos were taken from public roadways of some of these
examples of how recreational vehicles have been stored up there.
Mr. Hunn encouraged Council to adopt this Ordinance. It has been
amended sufficiently to create flexibility. Mr. Hunn thought
this Ordinance is fair and reasonable. Mr. Hunn recommended one
change in paragraph 8.24.111 on the first page, paragraph C there
is a typo in the last sentence; visible form should be visible
from. And, then you limit the enforcement to public roadways.
Mr. Hunn encouraged Council to consider the visual impacts from
adjacent properties as well.
Mr. Myers, resident of Wildridge, questioned the 14 continuous
days.- It says 14 continuous days then the vehicle has to be
pulled out; what would happen if the gentleman just pulled it out
and two weeks later he brings it back in? You can just keep
doing this? Or, if he is on a duplex lot put it from one side,
wait 14 days and put it on the other side. You got anything on
that, that is just going to stop it?
Mr. James stated discussion focused on that today. That is the
way the Ordinance is written - as long as they are moving the
vehicle - if it sits there for 13 days and they move the vehicle
and come back and park it - technically they have met the
definition of this Ordinance.
Mr. Myers stated he thinks this is just foolish - if you are
going to have the law, have a law that sticks - nothing that we
can go around.
Councilor Yoder asked Mr. Myers if he would suggest the 14 day
period be one time per year. Mr. Myers suggested 14 days and
you're out - in other words you have 14 days - yes, there should
be a grace period, they've got everything covered right now.
But, once you're there, they know the law - and then it doesn't
come back; period. If you are going to have the law, enforce it.
If you aren't going to have-the law, don't put a loop hole in it
so we can just hop around it. You,sure are going-to have people
jump around it.' Mr. Myers stated he would rather not.see the law
at all, but if you are going to have it, enforce the thing. And,
if you do have the law, make sure it is enforced.
Councilor Yoder asked what about if it was 14 'continuous-days in
one year; that would allow you to have a guest that comes
annually. Mr. Myers said that is OK; I'm just using,common
sense. Up in Wildridge, I see snowmobiles.right now sitting out
in the front yard. And, if by the law, all they do is pull it
out, pull it down to a gas station, come back two days later,
they have 14 days again. Or if they own a duplex, just move it
to the next duplex.
Councilor Hazard asked if this could be amended a little stricter
- in other words, so that we do not have a loop hole. Councilor
Yoder suggested to just add 14 continuous days per year.
Councilor Fawcett agreed with Mr. Myers that we should provide
something to make sure the snowmobiles, motor homes, etc., aren't
jogged downtown for a day and then brought back up and reset on
the property. Fourteen continuous days in any one year might
need some reworking. We might have to look at this again on the
tenth of January. Or, make the amendments right now. Councilor
Fawcett continued, the other thing I am a little concerned about
is "except when screened from public view". Screening seems to
indicate some kind of a manufactured device which would prevent
someone from seeing this; be it a wooden framed building or
fence, even shrubbery. I think there are some homes in Avon
where you can probably put a vehicle or snowmobile or whatever in
a concealed or hidden location that would hide it from public
view, from both the street, public way, or adjacent property
owners; which is really the purpose, so that is it not seen.
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Councilor Fawcett continued, the objection is if they clutter the
property-up and the neighbors obviously can see them and if they
are observed from the public roadway. I am not sure screened is
the-right word. I would rather see hidden or concealed.
Mr. Myers asked if this Ordinance does go into affect, is Council
going to give people enough time to get them out of there. Mayor
Reynolds stated of course, perhaps a grace period of a couple
weeks, if it passes.
Mr. David Gosset, a Wildridge resident, asked,-so basically under
recreational vehicles, it is all targeting just motorized vehicle
use, correct? If you store a bicycle outside, that is fine? If
I can see someone's bicycle that is fine, but it isn't if you can
see my snowmobile? Mayor Reynolds stated that is the way I read
it. Councilor Nottingham asked what if it is a sail boat versus
a power boat? Mr. Gosset stated it is kind of discriminatory
towards motorized recreational vehicle use. Councilor Hazard
asked if Mr. Gosset had a garage. Mr. Gosset stated yes - I can
take everything out of my garage and put it,outside, but you
don't want to see that either. There are several cars that are
titled, registered; I can drive on the road. I can park them
outside; would you rather see those or my snowmobiles? You are
putting a lot of people in a catch 22 spot with this Ordinance.
Councilor Hazard asked Mr. Gosset if he lives in Wildridge. Mr.
Gosset stated yes. Councilor Hazard stated, when you bought your
property, you must have signed a covenant. Councilor Yoder
interjected, you don't sign it, you just get a copy. Councilor
Hazard stated those covenants you are suppose to abide by. Too
many people talking at one time; unable to transcribe. Mr.
Gosset asked if there have been alot of complaints about
motorized vehicles. Councilor Fawcett stated he is not sure what
Mr. Gosset is suggesting; what are you suggesting. Mr. Gosset
stated he rides snowmobiles and motorcycles and he leaves them
outside; this really affects him. Mr. Gosset stated his
snowmobiles and motorcycles are parked in the driveway on
trailers; they are visible. In the summertime, I store them
behind the house so I have space; I have limited space. Why
aren't lawn mowers and snowblowers included in this? Why is it
just recreational vehicles? Why are you coming down on the
recreational vehicle part when a lawn mower, weed chopper, etc.,
is just as bad to look at as this is?
Councilor Fawcett stated just to go one by one snow cat or other
similar type of snow vehicle the idea a snow remover,,snow
blower, etc. I think would be included and.that. would be the
intent. Mr. Gosset stated so I put a log chipper; I buy a.yard
tractor and stick outside; what is the distinction between a yard
tractor and a snowmobile? Councilor.Fawcett'-stated I,think you
have a good point in terms .of; you know we are thinking in terms
of yard tractors and other vehicles of that nature; even
unmotorized. Mr. Gosset stated it says recreational vehicles.
Councilor Fawcett stated I think we do wish to include certain
other things such as yard tractors; it is difficult to list them
all. And, when we say motorized vehicles; I don't really think
we are referring only to motorized vehicles because we could have
an old wreck sitting in your yard. And, you might be intending
to restore and there is no engine in it. So, it is unmotorized.
So does that mean it can stay out in front? Technically yes.
Specifically, I don't think that is the idea. I think your
points are good and I think maybe we ought to go back and work on
this amendment a little more. Councilor Carnes asked if someone
parks a junk car out there; isn't that already against the law?
Mr. Gosset asked if I have a snowmobile that is registered with
the Colorado Department of Recreation; that is OK? The Ordinance
says unlicensed motorcycles; well unlicensed and licensed
motorcycles; what is the difference? I can license my dirt bike
and now I can park it outside, right? The same dirt bike that is
not licensed right now that I ride in the woods; I can come down;
it has lights; it has everything on it; just no license.
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Mr. Gosset continued, so basically, I can put a license and park
it in the same spot - 'is that what you are saying? Mayor
Reynolds stated that is a legal motor vehicle in the State of
Colorado. Councilor Hines stated that is what this ordinance is
saying. Mr-. Gosset stated there is no distinction. It is so
vague and it almost seems like it is aimed at a certain user in
Wildridge; mainly myself. This covers alot of things I have
around the house.
Mr. Myers suggested, let's go the other way around. I think we
come up there; we all have homes up there that are worth anything
from $100,00 - $500,00'0. Let's go the other way - let's make
junk yards up there. I don't think anybody wants to live up
there in a junk yard. All we are trying to do is look down; is
maintain it. If people took care of their yards - property,
fine. And, we had a covenants when I moved out there that I had
to look into and I abide by. Yes, we let some-things slip by.
But, it is getting to the point now that anything goes.. In other
words, we are getting nit-picky; all we are just trying to do is
get a-few things out there. Mr. Myers stepped away from the
microphone and am unable to transcribe. Mr. Myers continued, I
mean it is just junk out there; all the way.through. I love -
sport's myself. I have a boat - but I got my boat jammed inside
my garage. I want a boat, yes - it is my activity. But, it is
my responsibility to take care of my own yard.. ;If you don't want
it up there; fine, let's-just have one big-junk yard up there. I
think we have to have some kind of law up there - a little bit of
common sense. I think, if people just took care of their yards
and didn't have something laying all over, we wouldn't have to
have an Ordinance at all.
Councilor Nottingham stated Mr. Myers' subdivision does have
covenants that you have the opportunity to enact; doesn't it - to
take care of your neighborhood? Mr. Myers stated I think you
have to go through - you have to sue the people = to get it all
done - it is a long process. Councilor Nottingham stated it
sounds like a neighborhood issue because you have the tools; your
subdivision has the tool? Mr. Myers stated yes. Councilor
Nottingham questioned this is kind of redundant on the tool that
you already have?' Mr. Myers stated we can't enforce it. If I
wanted to enforce it _ by the time I got a lawyer - it is not
worth it to me. I will be honest with you - I will get up and
move. Mr. Myers continued, I came up to Wildridge to build a
home - a nice home in a nice area. And, I don't mind a few
vehicles up there. But, you look what's happened in the last
four years up there - you just look at the area - it is going
down hill - people say well they don't do in Singletree; well
I'll move up to Wildridge - I can store anything I want up there.
Are we supposed to be the junk yard of the Town of Avon? I don't
want it.
Councilor Fawcett stated this Ordinance is not for Wildridge.
This is for the Town of Avon. Mr. Myers interjected I can
understand where the man is coming from, but if I'am going to,
have this equipment, I am going to have an area to-store it in.
Councilor Fawcett stated this is what I think the Council and our
P & Z Commission is trying to do - is to make it fair and
equitable for all, but just in the same way this town built the
streetscape - to try to make this town an attractive location to
live in - for people to come to. The same thing - this is
exactly what we are trying to do through this Ordinance. I am
not sure - the gentleman who pointed out the areas which really
aren't covered and where they might discriminate one vehicle
against another - I am not sure we have drawn this as tightly or
as well as we could. And, I think we might want to go back to
the drawing board on that.
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Councilor Fawcett continued, but I do think that this Council, at
least this one council member,',is definitely interested in doing
what is best for the Town of Avon. And, I think, what is best,
is to try to, in someway, regulate what you might refer to as
junk, but then to be fair to the other person, they may think it
is the most beautiful object in the world. Somewhere we have to
come to something in between that is fair to all.
Mr. Doug Cross, a Wildridge resident for about ten years, stated
he has no problem with recreational vehicles, snowmobiles. I
think it is kind of ridiculous for us to complain about
.recreational things when this is all we do in this valley is
play. If our toys are in display in our yard - I just frankly
think we,have better things to do than to worry about whether the
guy down the street has $100,000 motor home in his drive. I
don't have a problem with that. I looked at the pictures - I
don't have a problem with those pictures - I don't see the
problem.
Mr. Josh Hall stated this strikes me as weird, I am sorry. I
kind of held off because I felt, well, I'd just get up and say
ditto because a bunch of people would get up and go this is a
Wildridge problem - this is not an Avon problem. I am a little
offended by the fact certain people are saying, well, we are not
going to dictate what is junk and what isn't junk. We are going
to dictate about what a recreational vehicle should be outside
your home; where it should be outside your home; whether this
$19,000 shiny looking motorcycle should be there or, if this is a
piece of junk with a piece of tape on it, then I don't want it in
the same spot. Also, I noticed that just about everybody that
has talked here is from Wildridge - well, I am not from
Wildridge. The comment that was made at the last Council meeting
that this town is starting to look junkie; I am sorry but, I have
never ever heard that. Nobody came to me - I have never heard
people at parties or anything like that say, boy, this town is
getting junkie. You know, if you want to talk about junk, look
behind the Seasons. There is about 20 busses hanging back there
leaking fluid and there is junk - you know if you really want to
get picky and go around the town and look for all kinds of junk -
I am sure we can find it not only in the town's arsenal of
vehicles but also in other peoples recreational vehicles. Where
I live there are kayaks and things outside. Mayor Reynolds asked
where Mr. Hall lives. Mr. Hall stated at Beaver Bench
Condominiums, on the lake. Mr. Hall felt the Council is getting
into an area that he finds should be handled by the covenants,
that the folks are talking-about. Mr. Hall stated there are
homeowners' associations.- The reason that homeowner's
associations exists is because they get together and they say
this is the way we'd like our community to look. That is what
that is for. I don't think you guys are here to arbitrate to the
entire town a complaint-in Wildridge, what exactly, what vehicles
should be where. I am a recreator. I have no stake in this - I
have no recreational vehicles - I can't afford them. But, I feel
a guy up in Wildridge who bought a $200;000 home =maybe he put
every penny he had into it - and he can't afford.to buy a garage
- or something to hide that boat or whatever he has - or his
snowmobile. I feel that this is a recreational town. I
understand what you guys are trying to do - you are trying to say
OK, this is really junkie - and I understand what you guys are
talking about - you are saying this we want to kind of curve this
area of behavior. But, I don't think that is for the Town
Council to do.
Councilor Fawcett commented I agree with you Josh (Mr. Hall) on
the parking of our busses behind or next to the Seasons. And,
that is one of the reasons why we have passed a bond issue to
build'a public works site, which will eventually go up in Swift
Gulch, because we want to get that type of stuff out of town -
so, we don't have this unattractive looking really mess as even
Josh (Mr. Hall) would admit.
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Councilor Fawcett continued, in terms of what we can and can't
legislate, I agree; it is something the community as a whole has'
to come together. I-myself have heard many comments from people
who live in,Wildridge basically, but in other parts of town, who
are concerned with vehicles and items - they don't necessarily
have to be recreational vehicles or snow mobiles - but sometimes
it is just plain wagons'of trash that might sit there - or-as
somebody mentioned an old snow blower that is kind of a wreck in,
the middle of summertime when it,is never in use., Again; the
main point is to hopefully - we all want the same-thing,,
eventually - which is to try to increase property values - it
will make us have pride in the Town of Avon and in our
residential neighborhoods - if they are somewhat clean and not
cluttered. Junkie; I haven't heard that-word, myself but,'
somebody on Council may have. But, I certainly have heard
complaints from some that they want to - you know their neighbors
are leaving their yard a mess and yet we are cleaning it up. You
know, the P & Z Commission as well as the Town Management, as
well as the Council; there are things that are legislated. I
mean maybe they are wrong - maybe they are right, but they are Y
there - they are Ordinances - such as when you build a home there
are setbacks, height levels, the fact that you have to have
things like sprinkler systems, you have to have certain types of
plantinggs, etc. Now, that is taking something away from the
individual. This man or woman owns this land but, they can't use
it,just as they wish. And, they never have been able to. And,
this is something that is not just for Avon or Vail. It is
common through out the United States and in most civilized
countries of the world. So, I think we do have to have some type
of legislation. But, thank god you people are here to give us
some guidance as to what type we should have. That is why we
have these open forums and public meetings. I think we should go
back to the drawing board and look at the.Ordinance. I do think,
and I hope, that we can come out with something that will satisfy
those that don't want anything in the yard and those that want
everything - something that is workable for all of us.
Councilor Nottingham stated Councilor Fawcett is more optimistic
than she. Councilor Nottingham stated we are never going to find
something that satisfies everyone and find the happy medium. We
will never. I also think this is really a situation that is so
unfair; if we ever made it retroactive to those who have already
bought - and even if it is in Beaver Bench, because it would
apply there and they have boats out there and that type of thing.
They have no opportunity to create these enclosures where it
can't be viewed - its common area. We have so many of these
units down here in the core that can not comply - Buck Creek
Condominiums is another one. There is no land available for
those people to have that kind of thing. Perhaps they do have it
out on their deck, or whatever. But, they have another
protection built in, just like Wildridge Subdivision does - it is
within their condominium/townhouse association guidelines and
rules and covenants that they were aware of. And, I think it is
so unfair to have us go back and retroactively change the plan
that they thought they had when they moved into these places.
Councilor Nottingham continued, you can probably tell by now, I
am not in favor of this Ordinance, at all. I think it is to much
government. I think that there is already tools in place for
these people to use do these situations. This is just a case of
legislation that will end up being a bad piece of legislation.
Mr. Rich Howard, a citizen of Avon, stated I don't live in
Wildridge - I live in Beaver Creek West. Mr. Howard reiterated
some of the comments that have already been made. I think that
this is bad legislation. This is government that is being heavy
handed. The comments, that seem to have been made, have been
related to Wildridge. I want to reiterate that I think there are
tools in place for Wildridge residents to try to take care of the
so called junkiness in their neighborhood. In my particular
condo complex, we do have homeowner's covenants.
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Mr. Howard continued, I agree and sympathize with those of you
and also of the audience that have a problem with some of the
various aesthetics in their particular neighborhood or their
condo complex. I have had that problem with my condo complex and
I have been working through our homeowner's association to
enforce our covenants. I don't think this is the type of
legislation that any government ought to be doing. It is using
taxpayers' money essentially to try to enforce private covenants.
If residents that are living under private covenants don't think
that those covenants are being enforced, well, then it is their
obligation and prerogative to use their money to try to litigate
the enforcement of those covenants. I don't want to see them use
my money and other residents' money - tax money - to enforce
those private covenants. Mr. Howard continued, also, there seems
to be a cost to this Ordinance that has not been discussed at
all. Assuming that this Ordinance does pass and there is
enforcement;- who is going to be enforcing the terms of this
Ordinance. I would assume that it is going to be probably our
police department. Councilor Hines interjected Code Enforcement
Officer. Mr. Howard stated none the less, they are an employee
of the Town. And, there are probably other codes that are just
as important, if not more important than to be having one of our
publicly paid individuals constantly going around counting the
number of days a given vehicle is in a given spot. I would like
to see that money being spent on this Code Enforcer to be
enforcing perhaps codes that are directed more towards the health
and public safety of our citizens. It also seems that there are
many terms-in the particular section that we all seem to be
discussing tonight - 8.24.11 as it relates to recreational
vehicles - it seems to me, that the intent, of the Council and
the intent of this Ordinance and especially that particular
section. is to get not only vehicles but any unsightly type of
material out of the yard 'and out of public view and get it behind
some type of closed structure. Two points that relate to that -
going back to the enforcement of this regulation - if it is in
fact-enforced -where are we going to put those vehicles? Is the
town in fact going to have this screened area, screened from
public view? Assuming that we go and we round up every single
vehicle that is in violation of this Code, how many vehicles are
we talking about? How large of an impoundment area do we have to
worry-about? And, we also have to worry about the duration of
time of that impoundment and the unsightly aspect of those
impounded vehicles until the owners can reclaim those vehicles.
As it relates to the actual homeowners and their lawns that we
are trying to get these vehicles off of - if we are looking in a
broad sense in trying to-'get unsightly material out of lawns it
seems to me that the way-this code is written is vague. We have
already heard much discussion about the interpretation of what a
motor vehicle is. And, if it is registered one day and not
registered the next day,-;how does that fall into the enforcement
of this regulation? I look at junker cars that happen to be in
my particular condo complex. They are registered vehicles
however, they are incredibly unsightly. Right behind you, there
is a new condo complex being developed right now. There are
construction vehicles that are stored on that site day•in and day
out. To me they are most unsightly as well.- But; again, they
are registered vehicles and so therefore they would be-exempt. I
have also seen very junky swing sets that I also would like to
see taken off of lawns but, they don't fall into this Ordinance.
There are also open garages around town.that are also unsightly -
are we going to regulate-those as well? So, I caution the
Council before you start passing a regulation like this - think
about what your intent-is and if there-are other alternatives to
try to achieve your intent.- Also, think about the-costs,that are
involved in enforcing this type of a regulation.
Mayor Reynolds questioned Mr. Howard - you said you were in the
process of representing your condo association? Mr. Howard
stated he is not representing them - just as a homeowner.
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Mr. Howard added, I am making an effort to make sure that our
covenants are enforced as written and the rules and regulations
that we as a condo complex do live under. Councilor Carnes
asked, so you have had experience enforcing them? Mr.-Howard
stated what we have done is we have passed it on to our legal
counsel for our particular.complex and they are taking the
various measures that are necessary to try to clean up and
enforce those covenants. But, we as homeowners are bearing that
cost - it is nobody else - it is not Beaver Bench, it is not Buck
Creek, it is not Wildridge residents - it is Beaver Creek West
residents - it is not taxpayers.
Councilor Fawcett stated you indicted that you are suggesting we
come up with something else that will more or less follow through
with the same intent that we are - I think somewhat similar to
what you may be doing within your condo association right now - I
am not sure what that is but, maybe it is some of those cars that
you mentioned or other trash left outside. I don't know but,
again that is the intent of this Ordinance. And, also the intent
is of course not to have each individual fighting every other
individual or one suing the other - something that makes sense
for the town as a whole so that the town can go out and say, you
know, hey, come on, lets clean this up, etc. Now, what I am
getting at, is, I am asking you whether you have any suggestions,
which is the whole purpose of the public meeting, as to how we
can accomplish some of these ideas or some of these thoughts.
Maybe they are all wrong, I don't know. Some how I feel, no,
they are not all wrong - that some how we want to make this a
community that we are proud of. But, whether we are going at it
the right way - we may not.
Mr. Howard stated a couple of comments. First, and I will get to
suggestions that I have and the primary one is that those people
that live in an area, whether it is Wildridge or any other
community,-neighborhood, or condo complex, if they don't like the
aesthetics of their neighborhood, than privately try to achieve
their goals of cleaning it up. And, I suspect that many of our
neighborhoods already have some type of private covenants already
in place. I would not like to see the Council and the tax
payers' money trying to achieve the problems of a neighborhood.
The problem that you start having then is that this Council and
this town starts getting in the litigation business. And, if the
private citizens are trying to abdicate their responsibility and
place that upon the government, I don't think that is the right
goal of any town or any government. I think the people, the
private citizens, ought to be taking some responsibilities
themselves to try to manage their own affairs. And, they can
manage them either between neighbor and neighbor, or manage them
within a private governmental system. We have that - those
private governmental systems are covenants and restrictions that
private individuals buy into. They buy into them when they agree
to buy that piece of property. If they didn't like those
covenants then they have one of two options; they can either not
buy the property or they can buy the property and then see to
amend those covenants through the private governmental system
that that neighborhood or condo complex may have. But, I don't
want to see this government or any government in the litigation
business cause it is very expensive quite frankly and I think
there are other ways that those goals can be achieved.
Councilor Fawcett stated what I gather from what you are telling
me is the only way you see or the only one you suggested is by
private covenants. In other words, I suppose we could abdicate a
lot of the areas such as dog control and so on to private
covenants amongst neighbors, but we don't; we have a municipal
government that handles those items. There are a lot of other
areas the municipal government could abdicate certain functions
to private citizens, but we don't because that is why a municipal
government is formed.
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Councilor Fawcett continued, in other words, I find a very fine
line as to whether and what and when municipal government should
be in control or at least try to organize - or a group of private
citizens, a vigilante committee, if you will - I am kind of in
favor-generally of trying to do it through the public forum such
as this ,and not through the private groups because I think
disputes become quite out of hand.
Mr. Howard stated I think that I would disagree in your comment
about vigilante groups because to me that lends an air of
illegality to their efforts. There is nothing illegal about a
private citizen trying to enforce a private covenant. It may be
expensive, it may be unneighborly to do, but the neighbor at whom
that litigation may be directed is also living under those same
rules. And, they understand those rules, or should understand
those rules when they buy into those rules.
Councilor Fawcett stated I agree. And, in the best of all
possible worlds that would be happening with all of our different
covenants and the different homeowners associations.
Unfortunately, it hasn't been working.
Mr. Howard stated I would have to assume that it-hasn't, at least
in Wildridge, because I know of no effort by Wildridge residents
to bind together to try to enforce any covenants that they may
have against their neighbors. And, if in fact Wildridge
residents, and for that matter any other residents living under a
private covenant, if they don't like the way those covenants are
enforced, I would like to see them take personal responsibility,
not abdicating that responsibility to local government; to try
and enforce'those covenants under which they are being ruled.
Councilor Fawcett asked what would you say if there were no
covenants or homeowners' associations through out Avon. Mr.
Howard responded by saying that is a hypothetical and I would
much rather not answer that because that is not the case we have.
To me that is really not relevant to the discussion because it is
a•hypothetical.
Councilor Hazard pointed out that Wildridge is part of Avon.
And, Wildridge citizens.pay taxes just like anybody else in any
other neighborhood. I-think they have the right, if they wish
to, to be part of this Town of Avon. They are not a little group
completely separate. They have ,a neighborhood where they paid a
lot of money for that land to be kept nicely. If, like you said,
it would be a personal - where every citizen should take care of
itself and so forth - if this was an ideal situation we could
save a lot of money by cancelling our police department. That
would be the first thing I would do - if everybody was a law
abiding citizen this would be marvelous. We could live with each
other very, very easily. But, unfortunately I think you have to
consider; we all talk about Wildridge like somebody - some place
separate. Wildridge is part of Avon and it pays their taxes just
like everybody else.
Mr. Howard agreed that Wildridge is part of Avon. I agree that
all Wildridge residents are citizens of Avon. However, it seems
as though this Ordinance got started through the concerns of
Wildridge residents. If in fact Wildridge residents are able to
lobby this Council and convince you to pass this Ordinance, I say
I am all for.it, because that is democracy working. If other
citizens, whether they live in Wildridge or not,_are able to
lobby a majority of this Council to act a different way, then I
would say at least those people have spoken. So, it depends
upon,'obviously, the way that this Council is going to rule as to
whether this Ordinance is passed or not.
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Mr. Howard continued-, I still think though that if there are
private covenants - you know, I question why have private
covenants - if there was not the intent of developers and also
homeowners to try to rule themselves then it doesn't seem as
though there would be any reason to have private covenants. I
also agree-that many people don't take self responsibility for
their lives either and that is unfortunate and that is why we
have police departments'and quite frankly-that-is why we have
government. However, if we do have covenants already in place-
and there are residents that are living under those covenants,
again, I would like to see them try to enforce them using there
own money and not my money. It seems as though that is what
certain residents of this town are trying to do. They are saying
we haven't even tried, we are not even going to try; but, we want
you as the government and we want the rest of the..taxpayers to
help us out - to subsidize cleaning up our neighborhood. I say
that, is not good legislation. I don't happen to enjoy the looks
of some of my neighbor condos, but I can't do anything about that
other than,not buy into their private covenants or buy into their
junky aesthetic looking place. I just want to try and make sure
that the environment that I am living in is as nice as possible
and I have ways of going about doing that and, it has nothing to
do with government, at least not this government.
Mr. Hall added that it was one thing - Councilor Fawcett wanted
to defend the passing of the Ordinance because he mentioned other
examples of the passing of Ordinances for instances landscaping,
for instances planning and zoning concerns - my comment to the
Council, in regard to that, is that you are now entering an area
where you are the arbiters of taste. A dog is a dog.
Landscaping is grass. How high a building is - yes - then you
are getting into the-arbitration of taste to a certain degree;
before the building is built. But, retroactively you are now all
saying I am going to decide what boat looks good-where,-what
motorcycle looks good where; I am not sure you guys want to get
into that.
Councilor Fawcett stated I don't' think that is the point either,
Josh (Mr. Hall). I don't think that is what we are doing, if we
do anything. All I am saying - I shouldn't say we're saying, and
I think we need to find out where the Council--stands because
sometimes you don't hear until the public session - but, all I am
saying is that if there is something that doesn't - shouldn't be
there - as far as most of the citizens of Avon - so far here I
guess we're kind of.split in terms of the input I've got and
phone calls and so on; its running quite a bit in favor of this
type of Ordinance. But, that is people that are calling me. So,
all we are doing is airing it in the public as we should and
finding out what is best and what we want as citizens. I mean
Rich (Mr. Howard) very lucidly presented the-position of no
legislation but he did admit that it is the will of the people
that will finally - and I have got to kind of find out what are
constituents really want.
Mr. Hall stated right; my only point was that I thought in mind
there was a distinction between Ordinances that had been passed
and this one. Councilor Fawcett stated no; it is just that there
are Ordinances that have been passed that have some similarity to
this in terms of they control what you can and can't do with your
private property.
Ms. Colleen Carter, from Wal-Mart, stated you asked if there was
another way to accomplish the same thing that you are trying to
do here. I have been in a lot of different communities and lived
in a lot of different places with Wal-Mart. One of the things-
that I am seeing in.common in a lot of communit'ies' is residents
trying to legislate the people as to how their areas should look.
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Ms. Carter continued, what happens if we challenge these people
to - maybe a community week - cleanup week'or something, where we
once in a while bring to the forefront of their mind; hey, this
is something we want to look good, we want to look good in our
community. Challenge our people to fix the problems that are out
there. I didn't realize that some of the problems we have at
Wal-Mart were a problem, like the front sidewalk, until it was
brought to my attention. But, by the same token, I am more than
willing to work to fix up that type of problem. But, how much of'
our community would be willing to get out there and clean and fix
it up? I have seen communities that have - there is one
community in Neosho, Missouri that is called the flower box
community. They get out there and they build flower boxes - I am
not recommending that, but why not a community clean up week?
Why not something that will challenge our people, rather than
regulate them to do the same type of thing. When you put down
rules, like with children or anyone else, the more rules you
make, the harder it is to do. But, if you challenge that same
person to accomplish something greater than what they have
already done, sometimes it happens a lot easier and a lot
quicker.
Councilor Hines stated a lot of what he wanted to say has already
been said. Quite honestly, Councilor Fawcett is kind of throwing
us out as a whole - I am not a part of that whole on this issue.
The only negative comments that I have received regarding the
Town of Avon is either from fellow council members or from the
two individuals who have stepped up to the podium tonight. Most
of the comments that I have,received from the public at large
have been negative on the town passing this ordinance. They echo
the concerns that were raised by the audience. A lot of
individuals feel this is preempted at this stage of the game for
the Town of Avon to be moving forth on something where you do not
have town wide support. I notice that most of the discussion
seems to center around recreational vehicles - I don't know
whether we've moved into temporary structures or outdoor display
of merchandise yet, but I'll stick to the recreational vehicle
side of things. To me, most municipalities do not enforce
covenants - do not actively seek to try to do so. That is a
private right to be utilized. Most of the comments that I have
heard have centered around Wildridge and it means that the town
is trying to - or we as a body are trying pass legislation town
wide which the rest of the town has not called for. That seems a
little selective in my mind. You are implementing town wide
regulations for a specific neighborhood - I don't feel very good
about that - unless there was a major outcry by residents. I
think that I would offer a suggestion - it may be unfeasible, I
don't know. But, I have always wondered how come this hasn't
taken place - I hear members say that there are an awful lot of
negative comments or that they receive a lot of criticism, from
neighbors about Wildridge. I haven't heard that and I don't know
what process they have gone through.in order.to try to rectify .
their problem. Have'they picked up'the phone-and contacted-that
neighbor and said, hey I perceive a problem here? Have they even
tried to work it out on that level? I see you shaking your head,
'Mr. Myers, I presume :you'have. Mr. Myers stated it is none of
your, business - I bought my house and I am going to treat it the
way I want to. Councilor Hines stated but, therein lies - you
bought in there specifically and you brought it.up; Mr. fellow
council member Hazard has brought it up; I've heard it brought up
many.times - covenants. I remember the town going through this
issue three and a half, four years ago, I think it was. If there
is such a desire, by Wildridge residents, I would suggest that a
diligent effort be made in order to try and find a consensus of
Wildridge residents. I know that that is a major task. I know
to some extent some individuals, private homeowners, property
owners did attempt to do that. It is a large job.
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Councilor Hines continued, I.would rather volunteer the time of
the town or maybe some town dollars - but I would rather see the
process go through the correct process before the town seeks to
step in and be over intrusive in terms legislation. Personally I
feel that is what you need to do. If you shake your head and
disagree with me than you as a private homeowner have full right
to try to rectify the problems or wrongs that you see right now.
As I understand the covenants, that are written up there, you
have that right. Other individuals have raised the comment, why
should we be spending other tax payers' dollars. I_f I am going
to implement this` town wide', - I need to hear a town wide out.. cry;.
I have not heard that.- from my neighborhood I have not heard
that. I have not received anything negative from Wildridge. I
have to have more motivation before I would want to-see
government become this intrusive.' I don't have that yet. I
would like to see you - whom ever - pursue trying to form some
sort of a true covenants committee,,homeowner's association, what
ever it may be and to try and find a'consensus of what is'desired
in Wildridge. If we had that, I think it would be an awful lot
easier for this town to back something of that nature; because
you have the support of a majority, instead of, as I see it right
now, the push of a few. Councilor Hines continued, in terms of
the temporary structures and the outdoor display of merchandise I
must agree it is written a whole lot better. I think that-we
already - doesn't this already back up what is written on the
books. People already have to come in and submit an application
for a temporary structure - don't they? This is nothing new,
unless there is some new twist to this that I don't understand.
Mr. Norm Wood answered away from the microphone and am unable to
transcribe. Councilor Hines asked so we are just changing the
application process? Again, Mr. Wood answered away from the
microphone. Councilor Hines stated well in terms of the way this
ordinance is proposed those two issues certainly fall more within
the perimeters of this Ordinance. And, the recreational
vehicles, to me, seems to fall outside. Just for public's
knowledge, as this Ordinance is stated; Whereas the Town has an
obligation to the general public to ensure a reasonably
unobstructed passage over the public ways in a clean, safe, and
orderly manner; Whereas the public, health, safety, and welfare
require the adoption of regulations with respect thereto as well
as the adoption of the other regulations herein after contained -
I mean we are specifically addressing a public right of way issue
when we say something like that. At least that is the way I
interpret this. When we tag in recreational vehicles under this,
to me that is where we are trying to implement something on
private property that really has nothing to do with public right
of way. As I read this, the intent of this is to control by
regulation for the benefit of the public at large and not for the
benefit of any one member of the public - the movement of people
and property on the streets and sidewalks of the Town of Avon.
No where does it say private property. So, personally I would
like to see the recreational vehicle issue dropped from this. I
wouldn't mind moving forth and having some discussion in terms of
the other parts of this Ordinance. But, the recreational vehicle
I do not support in any way, shape, or form.
Councilor Yoder stated I don't see this as enforcing covenants.
I don't see this for a specific neighborhood. For instance, last
summer I saw either a motor home or travel trailer sitting right
over here on Nottingham Road all summer. There is a motor home
right now sitting over here on Avon Center's parking lot that
appears to be lived in. This isn't just a Wildridge issue. It
is a Wildridge issue to a lot people because there is a
substantial part of the people in this town who live in Wildridge
that are active and talk to people, just as there are in other
parts of the town. But, I really don't consider the neighborhood
issue. I do consider it an issue in another way. We are
constantly reminded that we are not just Avon - we are a ,part of
a larger resort community. We have to be responsible in the
entire resort community.
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