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TC Minutes 09-08-1992• 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 8, 1992 - 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 7:29p;m. A roll call was taken with Councilors Charlie Gersbach, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Councilor John Hazard was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm_ Wood, Director of Community Development Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore, Town Clerk Patty Neyhart, as well as members of the press And public. First item under Citizen Input was discussion of Stonecreek Condominium Homeowners Association. Ms. Edie Hudson, member of the Board of Directors of the Stonecreek Condominium Association, introduced other j representatives present; homeowners Kelly Davis and Steve Bushman, and property manager,:Jim. Poppelton. Ms. Hudson presented Council with literature including site plan and floor plan of change being requested to allow for an on-site maintenance person. Ms. Hudson, informed an on-site maintenance person previously lived in a rental unit at Stonecreek whereby the rent was paid by the Association. However, that particular unit is for sale, thus the Homeowners unanimously agreed to convert the public space into a residential unit for an on-site maintenance person. Mr. Poppelton informed the architectural drawings were submitted to the Town's Building Department for a building permit after Board (Stonecreek) approval. At that time, concerns were raised regarding zoning. Discussions were held with Mr. Bill James, whereby members of the Board were requested to go before Council to change the zoning code. Ms. Hudson stressed the importance of building and landscaping maintenance. Ms. Hudson noted this dwelling unit allows for on-site maintenance and does not effect the exterior of the building. Ms. Hudson added this is common area, thus can never be sold. Councilor Reynolds questioned rentability of this unit in the future. Ms. Hudson answered this unit will always be used by an on-site maintenance person. Ms. Hudson offered to, "sign in blood, whatever you want us to do, we just want a little studio unit for an on-site maintenance person on an on-doing basis". No rent will be accessed; space will be offered in return for maintenance service. ® • Councilor Reynolds questioned need for additional 10 units with regards to the zoning concern. Mr. James responded that current zoning allows for 15 units per acre. Stonecreek is at maximum presently with 30 units. There are no exceptions under the Municipal Code Book allowing a studio unit for an on-site manager. Council would need to change the zoning code to allow for on-site manager units for medium density projects. Councilor Hines questioned square footage of proposed unit. Mr. Poppelton responded approximately 350-400 square feet. Discussion centered on proposed plans and scope of changes regarding the conversion of the common recreation area to the dwelling unit. Councilor Hines questioned amending the zoning code and what impact to the current code. Mr. Pylman informed 2 options are available. Those options being; 1) change zoning from residential medium density to residential high density - from 15 units per acre to 20 units per acre. With a 2 acre site Stonecreek would take an additional 10'units, OR 2) add a provision to the residential medium density zone district allowing an on-site caretaker's unit in addition to the density allowed. Councilor Hines questioned negative impacts of the mentioned options. Mr. Pylman noted this proposal works well with Stonecreek's situation. Mr. Pylman offered negative impacts such as: other units, by building an additional unit, would produce more bulk and mass,; existing projects could impact exterior of building;'and enforcement - if they decide to go back to a management company and rent the unit, how would this be enforced. Councilor Pysher-questioned concerns if the zoning were passed for all and suggested taking each request on a case by case basis. Councilor Pysher.commented on the possibility of implementing a restriction on the deed to run with the land to prevent the unit from ever being sold, to always keep in the common area. Ms. Hudson voiced agreement to this requirement. Councilor Reynolds questioned complications of this. Mr. Pylman responded there is nothing in the zoning law to allow for a density variance. Councilor Nottingham questioned whether legal title to this space is'in the name of the Condominium Association and will it remain. Ms. Hudson responded it is a part of the common area and added legal opinion is that the Association cannot substantially change the impact of any of the common area as far as the use of any members of the association. Councilor Hines questioned how to accomplish Stonecreek's request without changing the zoning across the'board. Mr: Pylman stated it would need to be across the board. Councilor Hines questioned possibility of attaching limitations to view on a case by case basis. Mr. Pylman suggested a Special Review Use with a public hearing process. Mayor Davis questioned how much community space will be left if .this area is converted. Ms. Hudson stated a small kitchen and living area with fireplace, one sauna, shower, and restroom will not be impacted. -2- • Mayor Davis informed that the Stonecreek lot used to be a 36 unit lot and was downzoned to a 30 unit lot and some land taken away from it. Mayor Davis noted in researching his title, there is an agreement related to Stonecreek's lot. Mayor Davis added the 6 units that were displaced went to 3 duplexes on Nottingham Road and is the reason they have legal mother-in-law units. Council's consensus was to allow this request and questioned procedure how to proceed. Mr. Bill James suggested Council motion for Staff to prepared and submit an Ordinance at Council's next-meeting to allow this change in residential medium density zoning. Mayor Davis noted it needs to include the Special Review Use process and meet parking concerns. Councilor Pysher questioned procedure; across the board. Mr. James informed this will be across the board but will be dealt with*on a case by case basis with the Special Review Use-that includes a public hearing. Council agreed to first reading of the proposed Ordinance at next meeting. Mayor Davis informed Ms. Hudson that the Homeowners Association will need to reapply under the new Ordinance and will need approval as such. Next under Citizen Input was Ken Sortland's Wildridge Special Assessment concerns regarding Lot 87 and 89, Block 1, Wildridge. Mr. Ken Sortland presented council with a packet of literature. Mr. Sortland gave history of lots 87 and 89. Lot 87 has been owned by Mr. Sortland since 1979 and lot 89 was purchased approximately 2 years ago. Mr. Sortland received subdivision approval whereby two lots from 87 were transferred to 89, thus lot 89 was a resubdivision with 6 development rights and lot 87 with 2 development rights. One duplex was built on lot 89, both sides sold and closed in December, 1990. The Special Assessment was occurring the same time the purchasing contracts were being drawn on these units. Mr. Sortland understood the assessments would be transferred to the buyers and was written into the closing papers. Mr. Sortland expected to received tax notices of-2 for lot 87 and 4 for lot 89. However, Mr. Sortland received tax notices for the same amount owed on both lots 87 and 89. Mr. Sortland stated all taxes were paid up through 1990, at the closing of the two units. Mr. Sortland paid 1/2 of taxes and assessments expecting an adjusted assessment to pay the other 1/2 in June. Regular taxes were paid in June, but nothing was heard of regarding the Special Assessment taxes. Mr. Sortland discussed-the matter with Mr. Norm Wood with regard to the same amount of payments being due for both lots. Mr. Wood informed the Assessments would have to stay with the lots, both lots to be assessed 4 each. Mr. Sortland's taxes, while trying to make payments on his lots and seeking payment from the title company of the 2 lots sold, became totally due as they went into default. Mr. Sortland requested Council to waive penalty and interest for his efforts to pay. -3- • 0, Mr. Wood stated the Special Assessment Roll was formed for the. Wildridge district,,forwarded„to the'County-, and adopted by the Council in August, 1990: The following Januar-y,`.1991, lot 89 was resubdivided. However, by that time the assessment was already set for both lots 87 and 89. That assessment was $6,367.48 per lot. Each lot had the same payment due in March, 1991 of $806..56. Approximately 1/2 payment was received per lot; this barely covered the interest the Town was paying on.the bond issue and essentially was in default at this time and has been in default since that time. There is a provision in the Ordinance, if everything is current, that properties may be reassessed for the resubdivision; can not change assessment for total lot, but can be redistributed. The problem with lot 89 is there are two owners. not of record as far as the special assessment is concerned. Once in default, the full amount becomes due and payable. Now, to bring the properties current, with penalties and interest, payments of $1899.98 and $2989.62, for lot 87 and 89 respectively, would need to, be made. Anything less than that does mot clear the property to reassess. Once it is brought current, reassignment.of assessments may be directed to the duplex owners. Mr. James informed that giving Mr. Sortland a break may not be an option as Ordinances need to be followed and bonds were-issued with covenants attached setting up the Special Assessment District. Mr. James suggested that if Council wishes to give Mr. Sortland a break, possibly exempt the penalties. Attorney Dunn_ noted there is nothing in the Special Assessment Ordinances which permits waiver of penalties or interest. Attorney Dunn added Council has an obligation to the bond holders. Mr. James stated any shortfall, the Town of Avon is responsible for making that up. Attorney Dunn cautioned Council of a possible precedent being set in offering Mr. Sortland a break. Mr. James suggested Council refer this item to himself. Mr. James and Attorney Dunn will research this further review the Ordinances and Bonds. Mr. Sortland stated he is looking to pay this week; by Friday. Council's consensus was to refer to Mr. James. Second:Reading of Ordinance No. 92-16, Series of 1992, AN ORDINANCE REPEALING AND REENACTING CHAPTER 6.04 OF THE MUNICIPAL CODE,OF THE TOWN OF AVON, RELATING TO DOG CONTROL; ADOPTING BY REFERENCE THE EAGLE COUNTY ANIMAL CONTROL RESOLUTION OF 1992; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Attorney Dunn reminded that Council adopted this Ordinance on first reading at their last meeting and is before Council this evening-without changes from first reading. Mayor Davis opened the meeting for a public hearing. With no one wishing to.be heard, Mayor Davis closed that portion of the meeting. There being no further comments, Mayor Davis called for a motion. Councilor Pysher motioned to approve Ordinance No. 92-16, Series of,1992 on second reading. Councilor Reynolds seconded the motion. With no further discussion, Mayor Davis entertained a roll call. -4- • • Those Councilors voting aye were Councilors Tom Hines, Charlie Gersbach, Celeste C. Nottingham, Albert Reynolds, and Derek Pysher. Motion carried unanimously. Resolution No. 92-25, Series of 1992, A RESOLUTION OF APPOINTING ELECTION JUDGES FOR THE NOVEMBER 3, 1992 GENERAL MUNICIPAL ELECTION AND PROVIDING COMPENSATION FOR THOSE ELECTION JUDGES Ms. Patty Neyhart informed this Resolution appoints judges and provides compensation for them for the General Municipal Election to be held November 3, 1992. Councilor- Nottingham questioned alternates. Ms. Neyhart responded this Resolution provides for alternates; appointing the Town Clerk to find alternates. Ms. Neyhart added there are a few citizens willing to serve as alternates should the need arise. Councilor Pysher motioned to pass Resolution No. 92-25, Series of 1992. Councilor Reynolds seconded the motion and the_'motion carried unanimously. Resolution No. -92-26, Series of 1992, A RESOLUTION APPROVING-THE FINAL PLAT OF SNOWBERRY TOWNHOMES, A RESUBDIVISION OF LOT 46, BLOCK 2, WILDRIDGE SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO Mr. Rick Pylman informed Snowberry Townhomes is a four-plex built in Wildridge. The project is finished, people are willing.to purchase, and move in. This Resolution creates fee simple properties so people can purchase these units. Councilor Pysher.motioned,.to pass Resolution No.•, 92-26; Series'of 1992. The motion was seconded by Councilor Gersbach and carried unanimously. Resolution No. 92-27,.Series of 1992, A RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISION OF.LOT'1091BLOC -1, WILDRIDGE SUBDIVISION, TOWN OF AVON,-EAGLE,COUNTY, COLORADO Mr. Pylman informed this is a duplex, constructed in Wildridge. Passage of this Resolution will create the-fee simple properties; divide the one lot into the two units so that each unit may be sold. Councilor Pysher. motioned to pass Resolution No. 92-27, Series of 1992. The motion was seconded by Councilor Gersbach and carried unanimously. Next was New Business regarding Change Orders / Avon Road Streetscape Plan. Mr. Wood informed change order No. 2 to reduce the'contract amount by $2,241.00 to involved are with regards to: drop inlet, metal pipe and pressure reducing valve. B & B Excavating would $668,659.50. Changes drainage, corrugated -5- Mr. Wood informed change order No. 2 to SaBell's Landscape and Maintenance Company,would increase the contract amount by $3,030 to $454,885.92. Changes involved'are with regardslto:. marshal green ash and orderless compost. Councilor Nottingham questioned eliminaton.of trees. Mr. Wood informed no trees have been eliminated, they will'be moved. Councilor Hines questioned contingency fund. Mr. James responded the fund is approximately $30,000 and these changes will be covered. Councilor Reynolds questioned additional changes. Mr. Wood responded there will be other change orders and will get to Council as figures become available. Mr. Wood added these are not large amounts. Councilor Reynolds motioned to approve change orders No. 2 for B & B Excavating and SABell'S Landscape. Councilor Nottingham seconded the motion and the motion carried unanimously. Next was the Town Attorney's Report. Attorney Dunn stated information received from the Colorado Municipal League is that they are not aware of any Ordinances having been adopted in Colorado to deal with the issues Council heard about from the residents of the mobile home park. CML is aware of Ordinances dealing with discrimination but not problems that were discussed. Mayor Davis informed of his discussion with the owner of the trailer park. The owner assured Mayor Davis no one is being displaced and lack of communication was the issue of concern. A meeting of the owner and three Councilmembers will be held in the Municipal Building on Friday, September 11th. Councilor Pysher questioned, "if anyone has a substandard unit and they want to transfer ownership, the only way they can do that is by upgrading". Mayor Davis responded either by upgrading or moving out. Councilor Pysher questioned,people owning several units: Mayor Davis responded only when those units change present occupant. Mayor Davis noted that Council can be a mediator, but is uncertain what the Council can do legally to accommodate the situation. Next was the Mayor's Report. Mayor Davis mentioned Amendment 1. The Tabor Committee concludes the Amendment is poorly written and will probably be in court for several years. It sounds like a tax limitation but will hamper the operation of municipal government. Next was Other Business and Councilmembers' Committee Reports. Councilor Pysher attended a two day seminar for NWCCOG. Councilor Pysher noted items of discussion were future concerns of NWCCOG and prioritizing issues to be addressed in the future. -6- 0 • Councilor Nottingham attended one day of the NWCCOG seminar and discovered, with regards to NWCCOG's future goals, Avon is on the leading edge of various services to residents. Councilor Nottingham noted Channel #23's new Director is Suzanne Silverthorn. Councilor Nottingham informed Drug Free Eagle Valley.is rolling into Red Ribbon Month. Family Challenge is encouraging the family to do some special interest things together that are alcohol and drug free. Mayor Davis commented on the Vail Council has requested that the Vail Valley Marketing Board withdraw the lodging tax from the November ballot. Mayor Davis noted letters have been mailed requesting money for the transportation system / budget. For $45,000 to-hire lobbyists, we will receive $1.2 million to purchase 7 new busses. Mr. James informed he will be attending a CDOT meeting to discuss available grants tomorrow. Mr. James gave Council a list of the top 10 goals that Council discussed at Worksession. The Financial Matters were next presented to'Council. Mr. James notedpages"11 and 12 of the financial regarding sales tax. Mr. James estimated a 7% monthly increase to calculate the remaining 1992 sales tax., Accommodations tax.in June was up_and mainly attributed to the onda Motorcycle Group. Councilor Reynolds moved to receive items #1 thru #12 and approve items #13 thru #20. The motion was seconded_by Councilor Pysher and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Reynolds motioned approval of the August 25th, 1992 Regular Council Meeting minutes as presented. The motion was seconded by Councilor Gersbach and the motion carried unanimously. There being no further business to come before Council, Mayor Davis called for a motion to adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Reynolds. The meeting was adjourned by Mayor Davis at 9:12pm. RESPECTFULLY SUBMITTED: Patty Ney art, own Clerk -7- wmmm~ APPROVED: -8-