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TC Minutes 10-24-1989• 0 P4114UTES OF THE REGULAR TOWN COUNCIL MEETING HELD OCTOBER 24, 1989-7:30 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 7:45 p.m. A roll call was taken with David Garton, Albert Reynolds, Mike Bennett, Gloria McRory,Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Community Development/Engineering Norm Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. Jeff Spanel of InterMountain Engineering and representing the developers of the Eaglebend Subdivision, approached the Council. Mr. Spanel was concerned of the recent ordinance that was adopted regarding the Real Estate Transfer Tax amendment. He stated that the ordinance was adopted with a $120,000 cap. He stated that they have had received a call from the buyer of a home, upset because the sales price on the home was $123.500. If you substract the transfer tax it would be below the $120,000 limit. The Council was to give some additional consideration of restructuring the ordinance. Mr. Spanel wanted to know if this was to be pursued. He stated that anywhere you draw the line, there will be concerns. He stated that there will be twenty two more of these homes, and twenty two more requests because the price will be close to this cap. Mr. Spanel suggested that rather than making it a flat figure, he suggested making it the first so many dollars of the project, then the locals could take advantage, rather than just a narrow market segment. Councilman Davis suggested that the Council consider a graduated to from $120,000 up to some level, but felt that transfer tax was something that needed to be charged. The Council agreed that the ordinance would be revisited. The Council suggested that a work shop be scheduled to look at the ordinance again. • 9 The Mayor requested that Council receive some figures from the Director of Finance to see where the impacts would be. The Mayor thanked Mr. Spanel for his comments. There being no further Citizen Input, the Mayor closed that portion of the agenda. Second reading of Ordinance No. 89-14, Series of 1989, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. Larry Brooks stated that this ordinance was before the Council for second reading. This ordinance would approve the purchase of a new Orion Bus. It was scheduled to arrive within the next two weeks. Councilwoman McRory moved approval of Ordinance No. 89-14, Series of 1989 on second reading. The motion was seconded by Councilman Bennett. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing and entertained a roll call. Those Councilmembers voting aye were: Dave Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 89-36, Series of 1989, A RESOLUTION APPROVING THE FINAL PLAT AND RESUBDIVISION OF LOT 2, BLOCK 1, EAGLEBEND SUBDIVISION, FILING NO. 1, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that an application had been received for Final Plat approval for the resubdivision of Lot 2, Block 1, of the Eaglebend Subdivision. The proposed subdivision divides Lot 2 into Lot 2A and Lot 2B in conformance with a duplex which had been constructed on the lot. The Plat has been reviewed by the staff and was found to be in general conformance with Town of Avon Subdivision Regulations subject to: 1. Completion and execution of all Certificates in a manner satisfactory to the Town Attorney prior to filing with the Clerk and Recorder of Eagle County. 2. Revision of property description in the "Townhouse Declaration and Party Wall Agreement" to conform with property description on the Plat. Councilman Stovall moved approval of Resolution No. 89-36, Series of 1989 contingent upon the above conditions. The motion was seconded by Councilwoman McRory and was unanimously carried. -2- • • Next on the agenda was discussion regarding a variance for off-site parking. Bill James stated that back in 1984, the Town Council granted the consideration of the expansion of the Buck Creek Plaza for additional retail space. He stated that somehow in the process it was discovered that the staff came up with a recommendation(their interpretation of the Zoning Code)that C.J., Inc. would be required to provide seven more additional parking spaces for that new expansion. The applicant, at that time, was unable to satisfy those additional parking spaces on that site. The applicant found those extra spaces at the Christie Lodge. They then entered into a lease arrangement which was between C.J., Inc. and Christie Lodge, to provide off-site parking. Now, the lease was no longer in effect. Mr. James stated that the staff has researched the matter of what took place in 1984. This building was bought under the town's Zoning Ordinance in Section 17.32, which addresses non-conforming uses and structures. This building was built prior to the Incorporation of the Town, which gave a little more latitude, in terms of what regulations they had to meet. Mr. James felt that C.J., Inc. cooperated with the Town at that time in the agreement process by providing those seven additional parking spaces. Mr. James recommended that somehow they should try to retract Resolution No. 84-30, and state that it is not required to provide additional parking under Section 17.32. Rick Cuny, C.J., Inc. partner, gave a brief history of this issue. John Dunn suggested that a resolution be drafted to repeal Resolution No. 84-30, The proposed resolution could be ready for the November 14th Council Meeting. Councilman Garton moved to directed the Town Attorney to draft a resolution which would repeal Resolution No. 84-30. The motion was seconded by Councilwoman McRory and was unanimously carried. The Town Attorney reported on the Avon Center Out-Lot #3. Mr. Dunn stated that they have received the deeds which were conveying the Avon Center Out-Lot #3 over to the Town of Avon. Mr. Dunn stated that he needed the exact figure for the back taxes on that lot, which would now have to be paid. Councilman Davis asked if the Town could ask for relief on those taxes. Mr. Dunn indicated that that would be a negative request. Mr. Dunn stated that he would bring this matter back to the Council for authorization for payment of those back taxes on Out-Lot #3. -3- Mr. Dunn stated that Tamra Nottingham would be admitted to the Bar on October 25, 1989. As of November 1, 1989, Tamra would be prosecuting cases in Municipal Court. He stated that there was one concern in regards to Municipal Court. There was a case pending which was set for trial on November 1, 1989, it was a vicious dog case against Louis Medeiro. Mr. Medeiro was disputing whether or not the dog was vicious. The dog had bite the Dog Control Officer. Mr. Dunn stated that the concern was that Mr. Medeiro was a client of Cosgriff, Dunn & Abplanalp, therefore there was a conflict. He stated that they would have to bring in someone else to prosecute the case. He stated that they have talked to Tom Silverman who prosecutes in the Vail Court, and he was willing to handle the case. Mr. Silverman would charge $90.00 per hour plus traveling time from Glenwood Springs. Mr. Dunn felt that the cost would run approximately $300. Councilman Stovall moved approval to the expenditure of $300 for the prosecuting attorney, Tom Silverman, to handle the trial scheduled for November 1, 1989. The motion was seconded by Councilman Garton and was unanimously carried. The Mayor stated that tomorrow would be the Town's first attempt to go to the State Highway Department for assistance in funding the proposed Separated Grade Crossing. The Committee was going to Grand Junction to approach the Western Slope effort. The Financial Matters were next presented to the Council. Councilwoman McRory moved approval of the General Fund of Accounts Payable for October 24,11989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved--approved of the Reconiliation Sheet of Accounts Payable for October 24, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the October 10, 1989 Council Meeting of Minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. -4- 0 0 Councilman Reynolds reported on the Peregrine Project. He stated that he had a painter lined up and ready to paint the building, if that was the desire of the Council. He stated that Dennis Craig had informally stated that they would hold off and complete the painting until the spring. Craig agreed to clean the windows, do the fencing and(ecorate the building with Christmas decor, but as yet, nothing has been done. A letter would be written by Bill James which would be a commitment from Dennis Craig that he would paint the building in the spring, if it was not sold. Councilman Garton felt that Dennis Craig should be reporting back to the Council with a progress report. He felt Bill James should contact Dennis Craig and ask for that report. Bill James presented to the Council, a contract which would move the fire fighting function from Avon Metropolitan District to the Town of Avon, rather than having Avon Metropolitan District contract with the provision of fire protection. This agreement would transfer all the fire fighting assests over to the Town of Avon, and also would be a commitment by the Town of Avon to assume the fire fighting function. Mr. James presented a chart regarding requests of contributions from various organizations for 1990. He suggested that the Council schedule a work shop as to study these requests and determine a budget for such. Mr. James stated that he has hired two consultants to work on the Railroad Crossing. Dave Mott at $2,000 per month and Frank Doll at $700 per month. There being no further business to come before the Council, Councilman Garton moved to adjourn. The motion was seconded by Councilman Davis. The meeting was adjourned by Mayor Nottingham at 8:35 p.m. -5-