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TC Minutes 02-12-19910 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 12, 1991 - 7:30 P.M. The regular meeting of the Avon 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 Jerry Davis at 7:30 P.M. A roll call was taken with Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach present. Councilman David Garton was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services, Larry Brooks, Director of Community Development Rick Pylman, 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. The Mayor presented Ms. Shannon Loomis, a student of Battle Mountain High School, with a check in the amount of $915.00 for the Close-up Program. This program allows the students to travel to Washington, D.C. to view the government a work. The Mayor requested that Ms. Loomis return to the Council after her trip so as to update the Council. There being no further Citizen Input, the Mayor closed that portion of the agenda. Under unfinished business the first item before the Council was the Agreement between the Town of Avon and Avon/Beaver Creek Resort Association. There being no discussion, Councilman Ptach moved to direct the Town Manager to execute the document. The motion was seconded by Councilman Bennett and was unanimously carried. 0 0 Next on the agenda was discussion of the firework damage to the vehicles at the Avon Benchmark Mobile Home Park. Mr. James stated that the Scottsdale Insurance Company would not change their original decision to deny the claims of damage that were reported on July 7th, 1990. The reason for the decision was due to the inability to determine that all the damage was caused by the fallout from the fireworks show and that the weather conditions were the primary cause of any fallout that might have caused the damage. It was the consensus of the Council that they needed to see a summary of the information before a decision could be made. Next on the agenda was discussion of Animal Control. Mr. James stated that this issue stemmed from the proposed agreement with Eagle County to provide animal control. He stated that when looking at the agreement there was concern and discussion of the term "control". He stated that there were a number of ordinances collected from various towns on the definition of dog control. The Council reviewed the various ordinances on this matter. Councilman Ptach stated that he would support the language of "command leash control", specifically in Wildridge, but in the town core areas, such as the park, they would need to be physically on a leash. He felt that a two-teer definition would be appropriate for Avon. The Mayor stated that Avon needed some reasonable enforcement. Councilman Ptach stated that the Council needed to come up with an ordinance with "command leash wordage. Police Chief Art Dalton stated that he did not see that wordage feasible. He stated that if and when a dog problem would go to court, it would be difficult to determine if the dog was on voice control or not. Discussion followed. Councilman Ptach recommended that the Town AbEtorney draft an ordinance with some wordage that Art Dalton would feel comfortable with, have Art Dalton's input, to take into consideration the Telluride language, and also to take into consideration, the Town of Vail's two-teer language. The Town Council agreed. -2- Next on the agenda was the appeal of the Phoenix Discovery Group based on the decision of the determination of the Building Official of the Notice of Violation of abandoned foundation. Rick Pylman stated that on December 21st, the Avon Building Official sent a Notice of Violation a declaration of Abandoned Foundation of Lot 46/47, Block 1, Benchmark at Beaver Creek. Mr. Pylman then reviewed the chronoligical history of events relating to the above. Mark Donaldson, a general partner with Phoenix Discovery Group, approached the Council. He stated that it was their intention to complete this development, and hopefully the Council would cooperate with the Group in repealing the Notice of Violation dated December 21. Mr. Donaldson gave the following reasons why the Notice of Violation should be repealed. The Planning and Zoning Commission approved the project on August 7, 1990. He stated that they had sent out the public notices to the adjacent property owners, received no complaints or objections concerning the status of the project. He stated that since purchasing the property, they have performed each and every item that had been requested of them. He stated that they have obtained a Development Sign Permit, and have installed the sign on the property in accordance with the approval. He stated that since the Town had taken a very active roll in Affordable Housing for local residents and employees, that he asked that the Council respectively repeal the Notice of Violation issued by the building official in order to allow them to pursue this development. He requested that Council allow them to have the remaining 17-18 months of the design approval to let this development accomplished. He stated he understood the problem with abandoned foundations, but like all other developers too, they have had problems with financing, qualifying buyers, and pre-sales. They have pursued the FHA route, because of the minimum cost of purchasing units and making it truly affordable housing. He stated they had purchased the property in 1987 which was about 14 months before the ordinance was adopted on abandoned foundations. He stated that they had a design review approval, which had expired, they made a new application and revised the design from 10 to 12 units and had the design review approval reinstated for the new design. He stated that the foundation was inspected in August of 1990. They have two pre-sale contracts, which were being negotiated, they need two more pre-sales to be able to start construction. Mr. Donaldson stated that they hope to start construction in mid-summer. He discussed some minor change to the foundation as it sets today. The Mayor suggested that sometime in the near future, a building permit be pulled for that project. Mr. Donaldson stated that the foundations were installed in 1981. -3- 0 0 Mr. Donaldson stated that if they do not bring this item to development, they would loose a lot in time and money. He suggested that if at the end of the summer they could not accomplish what they wanted to for this building season, that they go in and paint the concrete foundation to match the earth. Councilman Reynolds requested that a privacy fence be installed around the front of the foundation. After additional discussion, Councilwoman McRory moved to table the appeal until September 1, 1991, and at that time be given additional direction by the Council. The motion was seconded by Councilman Reynolds and was unanimously carried. (See memorandum attached to these minutes). Next on the agenda was the appeal of Greg Kraft and the Fractionalization of the Wildflower Condominiums, Lot 18, Block 1, Wildridge Subdivision. Jim Curnutte reviewed the history of the project with the Council. He stated that on December 20, 1990, the Planning and Zoning Commission reviewed and denied Greg Kraft's application for a fractionalized project. He stated that the Commission based their denial on criteria, citing incompatibility of the proposed unit size and unit mix with the existing and potential development in the vicinity. He stated that there were three residents opposing the fractionalization for that property. Councilwoman McRory asked how the Town could legally deny some people this request, but in the same fashion approval the same thing to other developers. Mr. Curnutte stated that all of the past approval that had been made, were in different areas of Wildridge with different surroundings. Peter Rudi, attorney and representing Greg Kraft, approached the Council. Mr. Rudi iscussed the project and why it was project so as to ease the housing crisis. He was of/high quality, that it would sell in thi He stated that Mr. Kraft was working with FHA Councilman Ptach asked the Town Attorney that approval, was there a precedent to fol6w. so necessary to have this explained that this project range of $80,000 to $85,000. at the present time. with another fractionalization Mr. Dunn stated that there was not a precedent to follow that all the Council would have to do was to decide this appeal of the action of the Planning and Zoning Commission on its merits alone. Councilman Stovall stated that with the Study that was done on the Housing needs of the Avon and the area, there was not enough information to generate any realistic numbers as to what the housing needs were. Mr. Rudi stated that this was not a Sunridge type of project, and was not a mass type of apartment complexes. He stated that only 14% of the lot would be covered. In terms of the needs of the area and the middle- management positions coming in the area, that he felt there was not enough housing. He stated that the building that was going on in Beaver Creek, the middle-management people could not afford living in that area, that these people would go somewhere else, they would go down valley. He stated that the Town had an obligation, not only for expanding the business base, -4- • but also for the housing needs. He stated that the denial of the Planning and Zoning Commission was rather sketchy, and it never really pointed to anything that changed or anything at the cost of being compatible. He stated that across the road from this proposed project was a fire house. Mr. Rudi then discussed the letters of opposition for the project. One of the residents of the Wildridge area stated that he strongly dis- agreed with the fractionalized project, and was opposed to the impact it would have on the area. He felt it would lower the property values of the existing homes. Jack Hunn, resident of the Wildridge area opposed the fractionalized project of Lot 18, Block 1. He stated that there were duplexssurrounding the proposed project and felt it was not compatible. Discussion followed. Councilman Davis stated that Council needed to look at what was best for Avon. The Mayor entertained a vote on this issue. Councilman Stovall moved to uphold the decision of the Planning and Zoning Commission to deny the fractionalization request, citing the incompatibility of this project with the surrounding development. The motion was seconded by Councilman Ptach. The Mayor called for a roll call. Those Councilmembers voting aye were Albert Reynolds, Mike Bennett, Jim Stovall and Tom Ptach. Councilwoman McRory opposed. The motion was carried by a 4 to 1 vote to uphold:,the decision of the Planning and Zoning Commission. (See memorandum attached to these minutes). It was the consensus of the Council to direct the Town Manager to execute the extended agreement with Ross Consulting Group until July 1, 1991, which was in respect to the expansion of Wal-Mart. Councilman Bennett moved to authorize the Town Manager to appropriate $88,000 in the Public Works Fund, to be used to call the outstanding Mall Assessment Bonds in the amount of $235,000. The motion was seconded by Councilwoman McRory and was unanimously carried. Larry Brooks presented the Council with a Transportation Summary update. Mayor Davis stated that the Transportation Task Force met on February 6th, 1991 and that it was their first organizational meeting. He stated that all the invited parties met with the exception of the respresentative from the County. He stated that the next meeting has been scheduled for February 27, 1991 at 8:30 a.m. The Mayor suggested that a letter also be sent to VRA, Gypsum, Town of Eagle, Eagle-Vail Homeowners Association so they could be resprsented on the Committee. -5- 0 0 Councilman Ptach moved approval to amend the Town of Avon's Mission Statement, which would read, "To provide the leadership service and regulations necessary to promote a quality life style for Avon residents, a positive economic climate for the business community, and a quality experience for the guest". The motion was seconded by Councilman Bennett and was unanimously carried. Tom Johnson, resident of Avon, approached the Council. He stated that an ordinance had been adopted in respect to commercial vehicles parked in residential areas and driveways. He stated that the ordinance did not help him with his problem, and was requesting some other alternatives to the ordinance so as to resolve his problem. Discussion followed. The Mayor suggested that staff take another look at the ordinance and to come back at the next meeting with some alternatives. Four of the Planning and Zoning Commission members terms will expire May 1, 1991. They are: Frank Doll, Albert "Buz" Reynolds, Jr., Jack Hunn and Patricia Dixon. It was the consensus of the Council to direct staff to advertise for applicants for the four seats that were available. The Mayor stated that the Mayor's Town Cup Race was scheduled for March 3rd, 1991. The Mayor requested that the woodburning issue be placed on the next agenda. The Financial Matters were next presented to the Council. Councilman Ptach moved to receive items 01 through #15. The motion was seconded by Councilman Stovall and was unanimously carried. Councilman Ptach moved approval of the Cash Requirement Report and and the General Fund of Accounts Payable for February 12, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. -6- 0 • Councilman Ptach moved approval of the Reconciliation Sheet of Accounts Payable for February 12, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the January 22, 1991 Council Meeting Minutes as presented. The motion was seconded by Councilman Ptach and was unanimously carried. Under other business, Bill James stated that an item needed to be transferred from the Housing Authority to the Town of Avon. He stated that they had received preliminary approval from Chyrsler Capital Finance Corporation to finance the housing project in Wildridge. He stated that there were a couple of changes in the terms: 1. To transfer this project from the Avon Housing Authority to the Town of Avon. 2. The proceeds would be used to build homes for the low to moderate income families, individual employees, in accordance with the guidelines of the Avon Housing Authority. 3. Security, to delete "A" from the terms. Councilman Reynolds had a concern of the "pink" bus that was parked in the town core area, and would like staff to proceed to try and remove it. He also suggested that the Town encourage American Flags to be placed in Avon. There being no further business to come before the Council, Councilman Bennett moved to adjourn. The motion was seconded by Councilman Stovall. The meeting was adjourned by Mayor Davis at 10:25 p.m. CTFULLY BM T ED: Patricia -66. Doyle, own Clerk -7- 0 0 December 31, 1990 MRS. PATRICIA DOYLE, TOWN CLERK Town of Avon Box 975 Avon, Colorado 81620 HAND DELIVERED DEC 31 90_ Dear Mrs. Doyle: On behalf of.Phoenix Discovery Group, a Colorado General Partnership,'I hereby appeal the determination of the -Building Official of the Town of Avon as stated in the NOTICE OF VIOLATION dated December 21, 1990 (copy attached hereto) to the Town Council. We will appreciate your setting a date for us to be heard before the Avon Town Council during the month of February 1991. Please let me know the time and date that you schedule for this appeal. Thank you in advance for your attention to this matter. .a Best Regards; Wit: ~ Victor-Mark Donaldson, General Partner PHOENIX DISCOVERY GROUP, a Colorado General Partnership cc: Arlette Weber and Joseph McGrath,-Chief Building Official Town of Avon end: as noted above. NOTICE OF VIOLATION DECLARATION OF VIOLATION OF CHAPTER 8.30 OF MUNICIPAL CODE RELATING TO ABANDONMENT OF A BUILDING. NOTICE IS HEREBY GIVEN that as of the 21 day of December , 19 90 , the Town of Avon, has found and determined that conditions exist on the real property described as: A portion of Lot 46/47, Block 1, As per Official Plat, Town of Avon, and Final Subdivision Plat, Amendment No. 4, Benchmark at Beaver Creek, Recorded September 5, 1978 in Book 274 at Page 701, more particularly described as follows: Beginning at the-northeast corner of said lot 46/47; thence south 01044'47" west, 41.13 feet to a_ point of the north right-of-way line of Nottingham Road; thence along said right-of-way following the 8rrc of a curve to the left 98.00 feet, sand curve having a central angle of 37 26'04" and a chord bearing to the south 81 22'27" west; then south 62 29'24" west, 104.18 feet; thence along the a.5 of a curve to the right 113.77 feet; said curve having a central angle of 44 59'59", a radius of 144.85 feet and a chord which bears south 85 09'23" west; thence along the arch of a curve to the left 52.45 feet, said curve having a central angle of "00 31'30" a radius of 4808.70 feet and a chord bearing north 72-39'22" west; thence leaving said right-of-way line at a heading of north 10005128" east, 156.86 feet; thence 79 54'32" east 327.09 feet to the point of beginning., which, constitute a public nuisance and a violation of the provisions of Chapter 8.30 of the Avon Municipal Code, in that the foundation on said real property is abandoned, as defined An Section 8.30.010(a). That failure to abate the nuisance by reoccupation, demolition or completion of the building, according to the provisions of Section 8.30.020 of the Municipal Code within sixty.(60) days from the date of delivery of this Notice, or within such additional time as may for the good cause be permitted by the building official, shall result in the commencement of enforcement proceedings for the abatement of said public nuisance pursuant to the provisions of Chapter 8.30. That if any completion, demolition, dismantling, moving, removal, additions to, or restoration or repair of any buildings, or reoccupancy of the premises is to be accomplished, or if any excavation of earth-is to be performed by persons or entities affected by this Notice, other than town officials, agents or employees, appropriate permits must be obtained prior to the commencement of any such work. NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the building official to the Town Council by giving written notice'of such appeal to the Town Clerk of the Town of Avon, P. 0. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 86-18 § 1(part)). \ Joseph McGrath Building Official Town of Avon, Colorado