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TC Minutes 03-23-19820 0 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCILMEMBERS HELD MARCH 23, 1982 - 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 Town Attorney John Dunn as well as members of the press and public. Second reading of Ordinance No.#82-2, Series of 1982,AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON; AND ZONING CERTAIN PROPERTY RECENTLY ANNEXED THERETO. Jerry Wood representing Otis Development Co. stated that this was the second reading for the zoning designation for the Nottingham Associates Parcel. After some discussion Sheila Davis moved approval of Ordinance No.#82-2, Series of 1982. The motion was seconded by Steve Erickson. A roll call was taken and was carried with Greg Gage abstaining. At that point the Mayor requested that they step aside this project for a few minutes. Second reading of Ordinance No.#82-3, Series of 1982, AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T.5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. The applicant had requested that this Ordinance be continued until the next regular meeting (April 13, 1982). A.J. Wells moved approval to continue Ordinance No.#82-3, Series of 1982 until April 13, 1982. The motion was seconded by Larry Kumpost and was carried with Steve Erickson abstaining. Second reading of Ordinance No.#82-7, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO.#17, SERIES OF 1979, TO DEFINE AS A NUISANCE ALLOWING DOGS WITHIN TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. This Ordinance was tabled the last three meetings. There was discussion of inserting wording in the Ordinance in regards to owners to carry provisions to clean up the feces of their pets in the town park. There was a lengthy discussion that followed. Sheila Davis moved to table Ordinance No.#82-7, Series of 1982 once again and to instruct the Town Attorney to insert some provisions for pooper-scoopers and to find out from Avon Metro District whether the urine from the pets would be a problem. The motion was seconded by Greg Gage and was unanimously carried. Second reading of Ordinance No.#82-8, Series of 1982, AN ORDINANCE AMENDING CHAPTER 17.20, OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO ALLOWED DENSITIES. The Town Attorney stated that there had been filed with the Town Clerk an appeal from the decision of the Design Review Board which was made at the meeting on the 18th of March, 1982, but that the DRB has not transmitted that decision. The Town Code requires that any appeal be heard within 20 days of the decision of the DRB. The code further provides that in the event that there is insufficient information to provide a basis for a sound decision, the Town Council may postpone final action for not more than 30 additional days. The Town Attorney recommended that the Council by motion continue the appeal of Roadcal from the decision of the DRB to the first regular meeting in April(April 13, 1982. The Town Attorney stated that Ordinance No.#82-8, Series of 1982 was before the Council on second reading and the Ordinance has been posted and that the matter was before the Council for Public Hearing as an amendment to the Town's Zoning Ordinance. • • continued Ordinance No.#82-8, Series of 1982 Barry Goldstein approached the Council. He is an attorney with Isaacson, Rosenbaum, Spiegeman and Freidman and representing the owners of Roadcal. He stated he had a number of statements that he would like to make on the proposed Ordinance as well as questions to ask the Council. He stated as the Council was aware there was an opinion by the Town Attorney that was dated February 17, 1982 where he confirmed to the Town Council, Roadcal's property, that the density of that property is presently subject only to the Town of Avon's zoning ordinance. Roadcal's property Lots#29-32, Block#2 is presently zoned RHDC(Residential High Density and Commercial). This zoning allows a density of 75 hotel lodge units per acre or 25 condominium units to the acre. The zoning limitation is applicable equally to all landowners, therefore all parcels that are presently zoned RHDC has the same density. He stated that the proposed Ordinance that the Council is considering is effectively directed soley at Roadcal. He stated Roadcal has approached the town with a proposal to construct a hotel, condomium project on its property. Private density restrictions placed upon certain property within the Town of Avon by Benchmark does not apply to Roadcals property at this time as the Town Attorney had con- curred in his letter of the 17th. He stated that there was now a proposed Ordinance that was being considered at this time, which is structured in such a way that if would specifically reduce the density allowed on Roadcal property without having any substantial effect on any other properties within the Town of Avon. A lengthy discussion followed. There were questions addressed to the Council. The Town Attorney advised the Council not to get into legal agruments with counsel. At that point A.J. Wells stepped down. The Town Attorney stated he did not appreciate counsel interogating the Town Council. Mr. Goldstein stated that Mr. Larry Kueter of their office had a breakdown of the 70 lots that were excluded from the Benchmark Plat that supposedly was covered by this. He stated that the maximum density under the zoning for Roadcal was 450 units and if this Ordinance was passed it would be restricted to 60 units, there would be 390 units that would be effected. There was additional discussion that followed. Mr. Goldstein stated that they felt that the passage of the Ordinance would be done with- out any legal basis and would only involve retracted litigation and excessive cost on .everybody's part. Mr. Goldstein stated he urged the Council not to pass the Ordinance. The Town Attorney stated that in all fairness he would like to correct the record and ,explained the history of the Town in regards to the zoning. ,Steve Erickson moved approval of Ordinance No.#82-8, Series of 1982 on second reading. The motion was seconded. by Larry Kumpost. A roll call was taken and was carried with A.J. Wells abstaining. Mr. Wood at that point approached the Council again. He presented to the Council a Petition, Resolution and Ordinance regarding the Nottingham Ranch Co., a Colorado Limited Partnership. The Town Attorney stated that the Petition, Resolution and Ordinance all would be amended to include the railroad right-of-way and that the Annexation Plat needs to show that. He stated that Avon Road was not another parcel, that it-was a right-of-way that is contiguous to the parcel that was proposed to be annexed which was Nottingham II. He stated that the legal description would be included in the legal description of Parcel I. Mr. Wood requested that the Council consider passing Resolution No.#82-7 and Ordinance No.#82-9, Series of 1982 on first reading. It was requested that Nottingham Associates be changed to "Nottingham Ranch Co., A Colorado Limited Partnership". The Town Attorney stated that he had examined the petition and appears to be in substantial compliance with the statute. The Mayor than read the Resolution No.#82-7, Series 1982 by title. A.J. Wells so moved provided that the name of the owners would be corrected to read, "Notting-- ham Ranch Co., A Colorado Limited Partnership". The motion was seconded by Sheila Davis and was unanimously carried. The Publication date commencing no later than April 2, 1982 and the Public Hearing would be held May 11, 1982. First reading of Ordinance No.#82-9, Series of 1982, AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T.5 SOUGH, RANGE 82 W. of the 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. Larry Kumpost moved approval of Ordinance No.#82-9, Series of 1982 on first reading with the provisions that a correction be made to read "Nottingham Ranch Co., A Colorado Limited Partnership" and that the date of publication be set for April 2, 1982 and the Public Hearing be set for May 11, 1982. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. -2- • 0 The Mayor reported that the Avon-Vail bus donations from the Chamber of Commerce were as follows: Warner Properties $250.00, Benchmark Cleaners $50.00, Avon Center $500.00, Hole in the Wall Restaurant $250.00, Lasmanatis Restaurant $300.00, Vail Eagle Title Company $150.00, U.S. Home $500.00 and City Market has pledged, but have not received the donation as yet. A total of approximately $2,000.00 was collected. The Mayor reported that the Town Municipal Judge, Geo. Rosenberg has resigned;from his position also four days prior the Deputy Judge, John Blish had resigned. He stated the reason for the resignations was time factor and conflict of interest. He thanked them for their time and a good job done. He stated that at the present time there have been no applications for the position, he did state that an applicant must be an Attorney licensed to practice law in the state of Colorado for at least five years. The Mayor reported that the Town Council had interviewed 10 applicants for the Town Manager position and that out of the--10--,-the Council had condensed it to 5 applicants. He stated that they had one more to interview and than they would make their decision. Resolution No#82-8, Series of 1982 was then presented to the Council and read by title. The Town Attorney stated that when the Council adopted the conflict of interest Resolution, the Section 6 of the Resolution provided that if a Councilmember was disqualified, he had to step down, but if his vote was necessary to the quorum he could participate, but not vote. A similiar provision was not adopted for the DRB or other Boards or Commissions. and that was the reason for the drafting of this Resolution. Larry Kumpost moved approval to adopt Resolution No.#82-8, Series of 1982, seconded by Sheila Davis and was unanimously carried. Councilmember Kumpost reported that there was a Resolution drafted by the Design Review Board regarding the density issue that was addressed earlier in the evening and then the Resolution was read by Councilmember Kumpost. The Town Attorney reported that sometime ago the Council sponsored his membership in the National Institute of Municipal Law Offices and stated that on April 25,26,27, 1982 there would be a seminar in Washington D.C. dealing with Municipal litigation. Mr. Dunn stated it would be of value for the Town for him to attend. The cost would be approximately $1,200.00 and stated that he would donate his time. A.J. Wells moved approval to sponsor John Dunn to the NIMLO. The motion was seconded by Larry Kumpost and was unanimously carried. The Financial Matters were next presented to the Council. There was discussion on the mall fund expenses in regards to the bookkeeping, Town Attorney fees and Town Engineer fees, a total of $11,560.98. It was stated that it had been paid out of the town's general fund. The Council felt that the town should be reimbursed through the mall fund. It was requested to check the files regarding the building permit fee for Hensel Phelps to see whether or not that building permit was reimbursed(approximately $3,200). It was requested that the minutes be checked to verify that indeed the expenses would be reimbursed through the mall fund. The Nottingham Park Fund was discussed. A.J. Wells moved approval of the Accounts Payables for the general fund, seconded by Larry Kumpost and was unanimously carried. It was reported that the Phase II of the Transportation Study was received from Price Water- house. -3- 9 0 The minutes of the March 9, 1982 meeting was next presented to the Council. Larry Kumpost moved approval of the March 9, 1982 minutes with a clarification in the second paragraph as to read, "the motion to continue the hearing of the annexation of the Confluence at Beaver Creek was made at the request of the applicant". With that clarification the motion was seconded by Sheila Davis and was unanimously carried. There being no further business Steve Erickson moved to adjourn. Larry Kumpost seconded the motion. The meeting was adjourned by Mayor Alpi at 10:55 p.m. Respectfully Submitted: Patricia J. Doyle, 1~kown Clerk -4-