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TC Minutes 04-14-1981MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD APRIL 14, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Offices, second floor, Benchmark Shopping Center, Avon. The meeting was called to order by Mayor Alpi at 7:45 p.m. A roll call was taken with all the Councilmembers in attendance with the exception of Hugh Price who was absent. Also present were Town Attorney John Dunn, Chief of Police Dave Martinez as well as members of the press and public. First item of the evening was second reading of Ordinance No.#81-2, Series of 1981, AN ORDINANCE PROVIDING REGULATIONS FOR MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Steve Erickson moved to table this Ordinance, seconded by Sheila Davis and was unanimously carried. The reason for tabling this Ordinance was to have time to insert additional information from the Fire Department. Rick Larson with Sea Mountain Developers approached the Council. He was requesting that the Council grant permission for Peregrine Properties, Lots#62,63,64, Block#2 to use a part of Tract G property north of their property line and a 20 to 25 foot stretch on the west side of their property line for construction right-of-way. He was requesting permission to use that property for approximately 15 months or whenever the Town found that they were in- terfering. It was stated that they would not be storing any material on Tract G. Councilman Erickson stated he saw no problem with the request as long.as the developer was amenable to restricting himself should the Town want to use the property. Mr. Erickson directed the Town Attorney to make sure that the Town would be held harmless from any liabilities. It was suggested that the sprinkler system be removed from that area and that time would be determined at a later date. It was stated that the developer would be granted a license terminable for any reason and conditioned upon a hold harmless agreement to reimburse the Town for any damage caused by the use of the land. It was agreed to give a one week notice of revokation. It was stated that Peregrine would have the construction completed by fall of 1982. Don Buick of Avon Center at Beaver Creek stated that by the Spring of 1983 the Mall would be finished in front of Peregrine and in front of Phase II of Avon Center Building. The Mayor stated that the Town reserve the right to cancel the license as they see fit. Steve Erickson moved to approve the license to use the property directly to the north of lots#62,63,Block#2 and Lot#64, Block#2 for access for construction purposes of part of Tract G, adjacent to Lot#64 on the west, revokable by the Town on a one week notice and that priority be given to any utility installation along that licensed area. The motion was seconded by Sheila Davis and was unanimously carried. The second request by Mr. Larson was approval to amend the vacation of lot lines and the easements between Lots#62,63 and between 63 and 64, Block#2 and the northly boundaries of lots#62,63,64, Block#2. After discussion;A.J. Wells moved approval of the vacation of Lot Lines between 62,63 and between 63,64, Block#2 and the back lot line and easement to the north across Lots#62,63,64 and that the plat be revised to show one LOt,LOt#63, as it will be. The motion was seconded by Steve Erick§on and was unanimously carried. Continued Page 2 Rick Larson, Sea Mountain Developers The third request from the developer was that he needs a letter from the Town granting easements for the Telephone Company and Upper Eagle Valley District. The Town Attorney stated that a description of the easement and a sufficient Deed of Conveyance should be tendered. The Town Attorney also stated it would be the responsibility of the developer to obtain the information and bring it in before the Council. There will be a Mall Committee Meeting Thursday April 16,1981 at the Avon Center construction trailer at 9:00 a.m. John Lorenzen with Pier 4113 Deli approached the Council to discuss catering within the Town of Avon. Mr. Lorenzen stated he would prepare the food at his place of business which is Pier 1113. After discussion the Council approved the business license for Mr. Lorenzen's catering service. Bill Kasel with LTS Security Systems was not present. This item was cancelled from the agenda. Resolution No.1181-5, Series of 1981, A RESOLUTION STATING THE PROCLAMATION OF "COLORADO VOLUNTEER RECOGNITION WEEK" FOR THE WEEK OF APRIL 27,THROUGH MAY 3, 1981. Steve Erickson moved approval of this Ordinance, seconded by A.J. Wells and was unanimously carried. The abandon vehicles in the Town limits were discussed. After some discussion the Council agreed to schedule May 9th as official clean up day in the Town of Avon. Resolution No.#l, Design Review Board and Ordinance No.1181-7, Series of 1981 were next presented to the Council. They are both related regarding Time-Sharing. John Blish representing his clients asked the Council if they wished to approve Time-Sharing as a Special Review Use in the "TC" Zoned area as it was presented in the Ordinance No.4181-7, Series of 1981. Councilman Erickson stated he would be willing to set it for Public Hearing and invite the owners and anybody else in Town that might have something to say about this item. Most of the Councilmembers were not in favor of Time-Sharing. Councilman Wells stated he was not in favor going across the board with "TC". He thought that the Design Review Board's concern was the other alternative and to change the zoning on Lot4160,Block#2 to RHDC strictly spot zoning. He asked the Town Attorney if it would be spot zoning it they were to consider changing zoning of Lots1157,58,59 and 60, if the other owners were included to want the same thing. The Town attorney stated that spot zoning was a matter of degree, but he thought it would not be. Don Buick stated that the Avon Center's position would be, if Time-Share were granted as Special Use or if a Variance were granted, to totally revaluate their project. The first building they could do nothing about, but if Time-Sharing went in on Lot1160, they would reconsider on whether they would do Time-Share. Their position when they came into the valley was to build what they thought, one of the finest developments in the entire:.oaunty. Mr. Buick stated he thought Time-Share has a different orientation to what Avon Center was trying to create. He stated they would like to see high quality Condominium units and superb commercial facilities and they object to Time-Share Use. After some discussion A. J. Wells moved to postpone the first reading of Ordinance 1181-7, Series of 1981, AN ORDINANCE AMENDING THE ZONING CODE FOR THE TOWN OF AVON, ORDINANCE NO. 1179-12, TO MAKE TIME-SHARING UNITS A SPECIAL REVIEW USE IN THE "TC", TOWN CENTER ZONE, indefintely. The motion was seconded by Bill Doyle and was unanimously carried. -2- i 0 First reading of Ordinance No.#81-6, Series of 1981, AN ORDINANCE AMENDING ORDINANCES NO. #17, SERIES OF 1979, AND NO.#7, SERIES OF 1980 TO DEFINE THE OFFENSES OF "FRAUD BY CHECK" AND "POSSESSION OF MARIJUANA" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After discussion Steve Erickson moved approval of Ordinance No.#81-6, Series of 1981 on first reading. The motion was seconded by Allan Nottingham. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-8, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO.# 79-9, SERIES OF 1979, AS IT RELATES TO DRAINAGE PLANS FOR SUBDIVISIONS TO MAKE ADDITIONAL REQUIREMENTS IN REGARD THERETO. After discussion Steve Erickson moved to table this Ordinance until the Drainage Study is completed or at another time when the Council feels fit to do so, seconded by Bill Doyle and was unanimously carried. First reading of Ordinance No.#81-5, Series of 1981, AN ORDINANCE ESTABLISHING A WATERSHED DISTRICT, WHICH DISTRICT ENCOMPASSES ALL TERRITORY OCCUPIED BY THE TOWN OF AVON WATER SOURCES IN AN AREA FIVE MILES NORTHERLY, SOUTHERLY AND EASTERLY BOUNDARIES; PROHIBITING CERTAIN ACTIVITIES WITHOUT A PERMIT; REQUIRING A PERMIT FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; PROVIDING A PERMIT AND HEARING PROCEDURE FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; ESTABLISHING FEES FOR PERMIT APPLICATION REVIEW; ESTABLISHING STANDARDS FOR THE ISSUANCE OF PERMITS; PROVIDING PROCEDURES FOR ENFORCEMENT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After discussion A.J. Wells moved approval of Ordinance No.#81-5, Series of 1981 on first reading, seconded by Sheila Davis. A roll call was taken with all the Councilmembers voting yes. The Mayor reported that the Municipal Building was about 75% completed and hopefully moving day would be in June. The Mayor reported on the railroad crossing, that the exception of the Town of Avon filed on December 23rd, 1980 with respect to the recommended decision NO.#R-802256 entered on December 24th, 1980, was hereby denied. The pedestrian crossing over the tracks was discussed. The railroad expressed interest. They may install the overpass. The Council requested that the Mayor pursue the issue. The Financial Matters were next presented to the Council. Bill Doyle moved approval of the Accounts Payables with the exception of holding the invoice of Wildridge Development's invoice, seconded by Allan Nottingham and was unanimously carried. The Police vehicles were discussed. The Mayor stated that the State bid vehicles were Chryslers and suggested to the Council that they buy two vehicles, the.cost would be under $7,000.00 each. After discussion the Council agreed to the two vehicles. The minutes of the March 24th meeting was next approval of the March 24th minutes. The motion unanimously carried. presented to the Council. A.J. Wells moved was seconded by Bill Doyle and was f• It was suggested that the Town establish a Yacht Club on the Lake. It would be looked into. -3- 6 0 There being no further business A.J. Wells moved that the Council adjourn and Steve Erickson seconded the motion. The meeting was adjourned by Mayor Alpi at 11:20 p.m. Respectfully Submitted: Town Clerk Approved: -4-