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TC Minutes 10-27-1981T, 0 • MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD OCTOBER 27, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Municipal Building in the Council;Chambers. The meeting was called to order by Mayor Alpi at 7:55 p.m. A roll call was taken with all the Councilmembers in attendance. Also present were Assistant Town Attorney Art Abplanalp as well as members of the press and public. First on the agenda was Ordinance No.#81-34, Series of 1981, AN ORDINANCE ANNEXING TO THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL A - The NI/2 EI/2 EI/2 of Section 2 and the NI/2 Sl/2 El/2 of Section 2 and the 'Nl/2 of Section 1, and the N1/2 SW1/4 of Section 1, and the E1/2 SEl/4 of Section 1 and the N1/2 NE1/4 NE1/4 of Section 12. All in Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, containing 626.93 acres more or less. PARCEL B - A portion of the W1/2 of Section 2 and a portion of the E1/2 El/2 of Section 3 in Township 5 South, Range 82 West of the 6th Principal Meridian and the E1/2 El/2 of Section 34 in Township 4 South, Range 82 West of the 6th Principal Meridian, and a portion of N1/2 NW1/4 of Section 11, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, containing 633.5 acres more or less. George Rosenberg stated that the petition had been filed on behalf of the United States of America through the Department of Agriculture Forest Service and the property is described on the Annexation Map #4 which is exhibit "A" to the petition. The petition requests that the Town annex the property along Buck Creek between the Metcalf connection to Wildridge, that area of Forest Land, then the area to the west of the Metcalf area, along Neal Gulch and June Creek. It basically would square off the Town boundaries. He stated that the property was owned by the United States of America, the Federal Government and that their regulations and statutes would pre-empt local and state statutes. He stated that the Federal Government would cooperate with the local government to the fullest extent possible. After discussion Steve Erickson moved approval of Ordinance No.#81-34, Series of 1981 on first reading. The Ordinance was read by title. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-33, Series of 1981 was next presented to the Council. AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. It was noted that A.J. Wells stepped down. Mr. Rosenberg stated that this was a request for re-zoning from IC to SPA concerning Lots# 38,40,41, Block#l Benchmark at Beaver Creek Subdivision.(See the minutes of the October 13, 1981 meeting). There were some changes to this Ordinance. After discussion Larry Kumpost moved approval of Ordinance No.#81-33, Series of 1981 on first reading as modified. The Ordinance was read by title. The motion was seconded by Sheila Davis. A roll call was taken with the Councilmembers voting yes. A.J. Wells obstained. George Rosenberg representing Benchmark at Beaver Creek and Tansora II LTD concerning the proposed Ordinance No.#81-35, Series of 1981 was next on the agenda. AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. It was noted that A.J. Wells and Allan Nottingham stepped down. -1- Continued Ordinance No.#81-35 Page 2 Mr. Rosenberg stated that this property was annexed approximately June of 1981. It sets on the eastern part.of the Town, commonly known as the Swift Gulch Parcel. He stated that this was a new zoning situation. This matter was before the Design Review Board on August 5, 1981 and September 2, 1981 and that the DRB recommended to the Town Council that it should be placed in the SPA area. After discussion Steve Erickson moved approval of Ordinance No.#81-35, Series of 1981 on first reading with the stipulated changes showing the number of units to be a limitation. The motion was seconded by Bill Doyle. A roll call was taken with the Councilmembers voting yes. Allan Nottingham and A.J. Wells obstained. Tyson Schaeffer, manager of the Benchmark Apartments cancelled from the agenda. Paul Ecklund with Chambertin Townhouses approached the Council for a Townshouse Map Approval, filing No.#3. After some discussion A.J. Wells moved approval of the Chambertin Townhouses Map, filing No.#3 contingent upon adding the wording of no time-sharing allowed, the owners conveying a fee(ownership interest in the road right-of-way easement that was agreed to), the execution of the plat by the owners, seconded by Steve Erickson and was unanimously carried. The mill levey was discussed. Steve Erickson moved approval not to change the mill levey of 15 mills for the year of 1982. The motion was seconded by Larry Kumpost and was unanimously carried. The Beaver Creek Transportation Study, phase II was discussed. It was agreed to pay for the phase II of the study. the amount to be $7,561.88 for the Town of Avon. Second reading of Ordinance No.#81-31, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO.#16, SERIES OF 19 9 TO PROVIDE A NEW RATE SCHEDULE FOR ROCKY MOUNTAIN CABLE TV, INC. It was noted that Sheila Davis stepped down. Larry Kumpost moved approval of Ordinance No.#81-31, Series of 1981 on second reading. The motion was seconded by A.J. Wells. A roll call was taken with the Councilmembers voting yes. Sheila Davis obstained. First reading of Ordinance No.#81-30, Series of 1981, AN ORDINANCE CONCERNED WITH AMENDING THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, ADOPTED BY ORDINANCE NUMBER 2, SERIES OF 1978, AS AMENDED, TO PROVIDE FOR A PROCEDURE FOR THE IMPOUNDMENT AND DISPOSAL OF MOTOR VEHICLES PARKED OR ABANDONED IN VIOLATION OF THE PROVISIONS OF SAID CODE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. This Ordinance was tabled on October 13, 1981 so further information could be obtained. After discussion it was requested by the Council that wording should be added. to the Ordinance concerning what document would be given to the person who bought the vehicle. Steve Erickson moved approval of Ordinance No.#81-30, Series of 1981 on first reading provided that wording be included in the Ordinance concerning a specific document to be given to the purchaser of an impounded vehicle and to delete the words in the title "and providing penalties for the violation thereof". The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-22, Series of 1981, AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON; PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING A DEVELOPMENT REVIEW BOARD, OUTLINING ITS FUNCTION IN RELATION THERETO AND REQUIRING OFF-STREET PARKING; REGULATING SIGNS; PROVIDING FOR NON-CONFORMING USES AND STRUCTURES; WITH PROVISIONS FOR INTERPRETATION, REVOCATION AND INVALIDATION OF PERMITS; PROVIDING PENALTIES FOR VIOLATION THEROF; AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. -2- 0 0 Continued Ordinance No.#81-22 Page 3 After discussion the Council decided to table this Ordinance. It was agreed to set up a Special Meeting with the DRB November 4, 1981 at 7:30 P.M. Larry Kumpost so moved, seconded by A.J. Wells and was unanimously carried. NWCCOG - A-95 - A proposal for the Development of the Tri-State Energy Employment and Training Consortium. After discussion the Council agreed in favor of this review. Steve Erickson moved approval of the A-95 review, seconded by A.J. Wells and was carried with Bill Doyle opposing. Norm Wood, Town Engineer reported on the progress, items and fees that took place this last summer, the soccer field, West Beaver Creek Boulevard, Christie Lodge, Town Center. The contract with the Town Engineer was discussed. Benchmark Road was also discussed. After some discussion of all these items it was requested that the Town Engineer give an estimate on an overlay on Benchmark Road, check to see if there could be land traded to straighten the road out and if not, what would the cost be. If the property owners would partcipate1) give an estimate of re-doing the whole road. The up-to-date 5 year projection plan was discussed. After some discussion it was agreed to wait until spring or summer of '82 to revise the plan. The financial matters were next presented to the Council. After discussion Larry Kumpost moved approval of the Accounts Payables subject to discussing the itemized billing with the Town Engineer, seconded by Bill Doyle and was unanimously carried. The minutes of the October 13, 1981 meeting was next presented to the Council. A.J. Wells moved approval of the minutes of the 13th of October, 1981. The motion was seconded by Bill Doyle and was unanimously carried. There being no further business A.J. Wells moved to adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 10:50 p.m. Respectfully Submittp-d': Patricia J. Doyle, ToRn Clerk -3-