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TC Minutes 02-22-1983MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL FEBRUARY 22, 1983 - 7:30 P.M. The regular meeting of the 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 Nottingham at 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. Also present were Attorney Art Abplanalp, Town Manager Dick Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator Dick Evans as well as members of the press and public. The Mayor called for Citizen Input. There were no citizens wishing to address any item to the Council Councilman Buick requested that the Public Works Superintendent look into providing hockey nets. Mr. Sunday stated he would price them out for next year. Second reading of Ordinance No. 483-6, Series of 1983, AN ORDINANCE CONCERNING THE PLUMBING CODE. The Mayor stated that this was open for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. Don Buick moved approval of Ordinance No.#83-6, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-7, Series of 1983, AN ORDINANCE CONCERNING THE MECHANICAL CODE. The Mayor stated that this was open for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. Larry Kumpost moved approval of Ordinance No.#83-7, Series of 1983, on second reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-4, Series of 1983, AN ORDINANCE CONCERNING TEMPORARY CERTIFICATE OF OCCUPANCY. The Mayor called for discussion. There being none, Al Connell moved approval of Ordinance No.#83-4, Series of 1983, on first reading, seconded by Larry Kumpost. Those Councilmembers voting aye were:Larry Kumpost,Sheila Davis,Greg Gage,A.J.Wells,A1 Connell and Don Buick.There were no nay votes.The motion was unanimously carried. First reading of Ordinance No.#83-5, Series of 1983, AN ORDINANCE CONCERNING THE UNIFORM BUILDING CODE AND STANDARDS. The Mayor called for discussion. There being none, Larry Kumpost moved approval of Ordinance #83-5, Series of 1983, on first reading5seconded by Al Connell. Those Council-:.embers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried. 0 0 First reading of Ordinance #83-8, Series of 1983, AN ORDINANCE ON THE FIRE CODE was continued until later in the meeting so that the fire chief Jay Hosburgh could give his input. First reading of Ordinance #83-9, Series of 1983, INTIMIDATION OF A WITNESS. Al Connell moved approval of Ordinance No.#83-9, Series of 1983, on first reading. The motion was seconded by Larry Kumpost. It was suggested that Judge Buck Allen review this ordinance before second reading. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick, There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-10, Series of 1983, AN ORDINANCE CONCERNING LOCK-OFF UNITS. Greg Gage moved to table Ordinance No.#83-10, Series of 1983. The motion was seconded by Larry Kumpost. It was requested that this be tabled for further discussion and thought. Councilman Kumpost stated he still had problems with the language that deals with common central corridor and also the definition of Lock-Offs. After lengthy discussion those Councilmembers voting to table this ordinance were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Council then proceeded with the first reading of Ordinance #83-8, AN ORDINANCE DEALING WITH THE FIRE CODE. Jay Hosburgh Fire Chief approached the Council. He stated that there was one item that he would like the Council to consider which was in Section 15.32.130. He stated that the version of the code that had been adopted had a limit factor as it relates to the storage of flammable liquids within the town. The current provision limits the storage to quantities in excess of 10 gallons or less. He stated with the amount of construction activity and related activities that do take place, he felt it would be desirable to see this version be amended to permit storage of flammable liquids in excess of 10 gallons. It was suggested that Section #5 amendment be deleted. After discussion A.J. Wells moved approval of Ordinance #83-8, Series of 1983, on first reading with the suggested changes and that Jay Hosburgh work with the Council to clarify this without repetitions that appear to exist. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was uananimously carried. First reading of Ordinance No#83-11, Series of 1983, AN ORDINANCE CONCERNING THE PLANNING AND ZONING COMMISSION. Al Connell moved to table and refer the ordinance to the DRB. The motion was seconded by A.J. Wells. The Mayor called for discussion. Councilmember Connell requested that there be some changes to this ordinance such as; (1) change a nine member committee to a seven member committee, (2) that "real property owners " be deleted and changed to read, "that residents could serve on the committee", (3) terms of the committee members be that three members shall serve for terms of one year and four members shall serve for terms of two years, (4) that the DRB require specific numbers to be from different professions, (5) that the Town Council may postpone final action for not more than thirty additional days. After lenghty discussion those Councilmembers voting to table this ordinance and refer the ordinance to DRB were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 2 - 0 0 First reading of Ordinance No.#83-12, Series of 1983, AN ORDINANCE AMENDING THE REAL ESTATE TRANSFER TAX. Attorney Art Abplanalp stated the fact that the real estate transfer tax ordinance does not now consider the possibilities of "in lieu of foreclosure" as a reason for granting an exemption from paying the transfer tax. He stated there have been arguments made to the town that a true deed in lieu of foreclosure serves the same purpose as a foreclosure without necessitating the expenditures for the parties that are associated with court or a public trustees foreclosure. Mr. Abplanalp defined "Deed in lieu of foreclosure" in the amended ordinance. In section 3.12.060, second line add "transfer", in section 3-M, line 12, add "sale and any obligation to prior lienholders paid from the proceeds of the sale". After discussion Larry Kumpost moved approval of Ordinance No.#83-12, Series 1983, on first reading as amended. The motion was seconded by A.J. Wells. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor stated that there was considerable discussion at the public work session that afternoon on the Gas Franchise Agreement and that the Council agreed to work with the gas companies and try to redraft the agreement to their satisfaction and this item would be resubmitted. The lease/purchase agreement for the police cars was cancelled from the agenda due to the fact that the ordinance had not been prepared and that the leasing company was in the process of drafting a blanket agreement or approval for any future leases. It was stated that this would be placed on the next regular agenda. Savoy Square, preliminary hearing, Lots #73,74, Block 2, Benchmark Subdivision. The plat was not returned in time for review the Public Notice was posted for the hearing for February 22, 1983, meeting and requested that this be continued until March 8, 1983. A.J. Wells so moved. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No.#83-5, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR OUTSIDE STORAGE ON LOT #22, BLOCK #1, BENCHMARK SUBDIVISION. The applicant was requesting to erect a fence on the property and use the property for outside storage. This request was before the DRB and was now before the Council with DRB recommendations. (see Resolution No.#5). After discussion A.J. Wells moved to table Resolution No.#5 and have it referred back to DRB for them to examine the question whether the construction of the fence should be for a limited time and for other specific reasons. The motion was seconded by Larry Kumpost. After additional discussion Councilman Wells amended his motion to request the DRB for recommendations as to time limitation for the time that they will have to erect the fence and paint it and also for a letter from the owner of the property agreeing to the request prior to final Council action. The amended motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Greg Gage moved approval to have the attorney amend Section 17.20.030, of the Municipal Code so that the Town Council has the ability to propose conditions on the granting of the Special Review Use. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 3 - 0 0 Resolution No.#83-6, Series of 1983, A RESOLUTION APPOINTING A DEPUTY CLERK. Don Buick moved approval of Resolution No.#83-6, Series of 1983. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No.#83-7, Series of 1983, A RESOLUTION FOR FEDERAL FUNDING FOR PINE BEETLE CONTROL. The Town Manager stated that the federal government had planned to reallocate some funds for pest control (primarily pine beetle control). It was urged that various governmental entities contact their representative in Washington and urge that funds not be diverted out of the area. Don Buick moved approval of Resolution No.#83-7, Series of 1983. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried. It was stated that letters would be sent out to the represntatives signed by the Mayor. The annexation of Confluence at Beaver Creek was next presented to the Council by Clint Watkins. He stated that Peter Blunt, one of the General Partners of the project, was unable to be at the meeting and had asked that Mr. Watkins present the request to the Council. Mr. Watkins stated the the applicants have the desire to annex their property into the Town of Avon and formally convey to the Council that the applicants would like to work with the Town on the Master Plan amendment process. He stated that the applicant would be selecting a representative that would be able to talk about the type of land use they would be requesting. The proposed ordinance and other documents were filed with the exception of the map that is required. The Town Manager stated that there was one other item that came up which relates to 6/7 th interest of land ownership having been represented by the petition while 1/7th has not, also that Cosgriff, Dunn and French law firm is representing that 1/7th interest. He stated that there may be a conflict of interest. After discussion Don Buick moved to receive the information submitted by Confluence at Beaver Creek. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No.#83-8, Series of 1983, A RESOLUTION SUPPORTING S.B. 211, LAND USE ANTITRUST IMMUNITY. Art Abplanalp stated that the purpose of this bill was to state firmly that local governmental decisions relating to planning land use should fall under the state immunity from the antitrust acts. After discussion Sheila Davis moved approval of Resolution No.#83-8, Series of 1983. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No.#83-10, Series of 1983, A RESOLUTION OPPOSING S.B. 210, MANUFACTURED HOUSING ZONING. The attorney stated that S.B. #210 prohibits cities and counties including home rule municipalities from enacting land use codes which would exclude manufactured housing including mobile homes, modular homes or panelized homes. After discussion Greg Gage moved approval to adopt Resolution No.#83-10, Series 1983. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor stated that in regards to the town attorney legal fees that the Council agreed to review the fees with John Dunn. - 4 - The status report on the refund of the exemption of the real estate transfer tax on the mobile home of Gary Miller was discussed. Mr. Abplanalp reviewed the history of the request. Mr. Miller approached the Council. His concern was the time factor from when the application was filed. He stated it took approximately two months for a response from the town staff. He stated that it was written under ordinance law that the application for exemption shall be approved or disapproved within seven days or shall be deemed as being approved. After discussion Larry Kumpost moved to grant Mr. Miller his exemption and refund his tax of $165 based on the fact it was not handled within the seven days, although, since it was a levied tax to begin with, that it shall not include any additional interest and that any further applications for exemptions be denied based on what the law is. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. It was requested that the staff research and see how many transfer taxes were paid on mobile homes. The Council recessed at 9:50 p.m. and reconvened at 10:00 p.m. The fuel bids were discussed. The bid came in from Collett Enterprises, Inc. Dan Sunday stated that if Collett's prices go up, the town's price goes up, that Collett maintains the same number of cents per gallon profit margin. The spread was .03 cents per gallon. Mr. Sunday stated that going to a six month bid, the town would get a substantially better price per gallon, between 5-10%. After discussion Sheila Davis moved to accept the bid from Collett Enterprises, Inc. and enter into a contract for a period of six months and to have the contract approved by the town attorney. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Manager reported that there was a request from the finance director to have the Sales Tax Ordinance amended that the due date for the sales tax would be changed from the 15th of the month to the 20th of each month, which would coincide with the state collection of sales tax. Sheila Davis moved approval to instruct the Town Attorney to amend the Sales Tax Ordinance. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Centennial Events were discussed. Because it was difficult to rearrange and plan a new theme, it was stated that the town will include the centennial events in with the town's special event this summer. The status report of land use of the Master Plan was discussed. It was requested that maps of the Master Plan, Land Use,Wildridge,Wildwood be placed on the wall in the chambers so the Council could use them to refer to and review. The financial Matters were next presented to the Council. Don Buick moved to receive items #1 through V. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No.#83-9, Series of 1983, A RESOLUTION INCREASING THE HOURLY RATE OF THE TOWN ATTORNEY'S FROM $70.00 to $75.00 PER HOUR. Don Buick moved approval of Resolution #83-9. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 5 - 0 0 Sheila Davis moved approval of the General Accounts Payable with the correction of #1491, change from "Gas Franchise" to !'Paul Swift." The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Sheila Davis moved approval of the reconciliation sheet of Accounts Payable. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Sheila Davis moved approval of the minutes of the February 8th meeting. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. There being no further business Sheila Davis moved to adjourn. The motion was seconded by Don Buick. The meeting was adjourned by Mayor Nottingham at 10:35 p.m. Respectfully Submitted: G cy, Patricia J. Doyle 6 Town Clerk