TC Minutes 01-28-1997MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 28, 1997 = 5:30 P;.M.
A 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 Jack Fawcett..at 5:30 PM.
A roll call was taken with Councilors Jim Benson, Richard.Carnes,
David Gilman, Bob McIlveen, and Buz Reynolds, Jr. present.
Councilor Judy Yoder was absent. Also present,were.'Town Manager
Bill Efting, Town Clerk Patty Lambert, Town Attorney John Dunn,
Director of Municipal Services Larry Brooks, Town Engineer Norm
Wood, Police Chief Gary Thomas, Fire Chief Charlie Moore, -
Director of Community Development Mike Matzko, and Administrative
Assistant Jacquie'Halburnt, as well as members of the press and.
public.
Citizen Input:
Upper Eagle Valley Water & Sanitation District
Mr. Dennis Gelvin gave an overview of the odor problems that have
occurred since the beginning of December. They changed to the
new treatment plant on December 4th and the odors began shortly
after that date. All odors during December were mechanical.
Mechanical failures and problems have been corrected. The
January odors are related to the treatment process and they are
monitoring to correct. A consultant will be hired to assess the
treatment process. Mr. Gelvin requested all to contact Upper
Eagle Valley Water & Sanitation District at 476-7480 whenever
odors occur. No time frame was known, when the odors will be
under control.
Citizen Input:
Appeal of the denial for a transfer tax exemption
Mr. Greg Burkhardt informed he purchased his home on October 25,
1996. He assumed the transfer tax was taken care of and only
paid the tax above and beyond the first $80,-000, which he thought
was exempt, at the time of closing. He received a letter from
the''town_accountant in December informing him the tax was never
paid. He the request for exemption and it was denied
by the Town Attorney. The next step was the appeal this evening.
denied because it was filed too late. 'Mr.
The request was
Burkhardt'=admitted he did not know for sure,if he filled out the
exemption certificate. He-assumed he did as he filled out so
many forms. The title-company has in their records that they
received verbal approval with someone from the town. That is the
reason the title company did not collect the tax 'at closing for
the first $80,000.
Leslie with Eagle County Title questioned why she didn't have the
paper work in her file. Leslie stated the town was called and
her office was informed the request was approved. Leslie did not
have a name of the town person who her office spoke with and did
not have the approved form in her file.
Mr. Art Kleimer, from Preferred Real Estate,- informed he was the
realtor involved in the matter: Mr. Kleimer stated the forms
were sent to the.purchasers prior to the closing.
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At the closing, Leslie informed, that she had been informed by
the town, that the town had received the exemption form. So,
Leslie did not collect the money which they would normally
collect and hold until the form is filed. They were told it had
been filed and accepted. So, everybody acted on the belief, of
the information that they had received from the town, that the
forms hadbeen received. No one knew anything to the contrary,
until a few weeks after, when they received the notice from the
town. They immediately went in and filed.another set
Mayor Fawcett noted the problem is there'is no paperwork.
Discussions followed on closing procedures,.
Town Attorney John Dunn reviewed the Ordinance.
Councilor Gilman noted we, know they are entitled to the exemption
because it is their primry residence..and a relatively short,--,-
period of time has expired . . . it was dealt with within thirty
days.
Councilor Gilman motioned to approve the appeal. Councilor
Benson seconded the motion and the motion carried unanimously.
Citizen Input:
Appeal of Variance of retaining wall Lot 37, Block 3, Wildridge
Subdivision
1.) Appeal of P & Z Decision / Retaining Wall Variance
Lot 37, Block 3, Wildridge Subdivision
(Fred & Flora Hiller)
2.) Appeal of P & Z Decision / Retaining Wall Variance
Lot 37,'131ock 3, Wildridge Subdivision
(Charles Sawyer)
3.) Appeal of P & Z Decision / Retaining Wall Variance
Lot 37, Block 3, Wildridge Subdivision
(Alison Sawyer)
Mayor Fawcett understood this matter has been settled. Town
Attorney Dunn confirmed the matter has been settled and is
removed from the Agenda.
Ordinances:
Second Reading of Ordinance No. 97-1, Series of 1997,_ AN
ORDINANCE AMENDING TITLE 13 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON AS IT RELATES TO WATER SERVICE CHARGES; TO METHODS OF
AMENDMENT: AND TO OTHER MATTERS
Mayor Fawcett announced this is a public hearing on the second
reading.
Town Attorney Dunn reviewed the Ordinance.
Mayor Fawcett asked for public input. Hearing no one, Mayor
Fawcett asked the Council for comments.
Councilor Reynolds motioned to adopt on second reading Ordinance
No. 97-1, Series of 1997. Councilor Benson seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
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Ordinances:
First Reading of Ordinance No. 97-2, Series of 1997, AN
ORDINANCE APPROVING THE LAPIAZZA PUD (PLANNED UNIT DEVELOPMENT)
ESTABLISHING ZONING STANDARDS AND A DEVELOPMENT PLAN ON A TRACT
OF LAND KNOWN AS THE FOLSON TRACT LOCATED SOUTH OF HIGHWAY 6 AND
EAST OF AVON ROAD, TOWN OF AVON, EAGLE COUNTY, COLORADO
Director of Community Development Mike Matzko announced the
applicant requested this application be withdrawn.
Hearing no concerns from Council, Mayor Fawcett considered it
withdrawn.
Resolutions:
Resolution No. 97-8, Series of 1997, A RESOLUTION AUTHORIZING THE
AVON ROAD ROUNDABOUTS PROJECT
Town Attorney Dunn stated this Resolution authorizes the filing
of condemnation petitions regarding the roundabouts project.
Town Attorney Dunn informed agreements have been reached with
WestStar Bank, First Bank of Avon, and Pizza Hut. The town is
near agreements with several other property owners.
Councilor Benson motioned to approve Resolution No. 97-8, Series
of 1997. Councilor McIlveen seconded the motion and the motion
carried unanimously.
Resolutions:
Resolution No. 97-9, Series of 1997, A RESOLUTION AMENDING
APPENDIX B TO ORDINANCE NO. 97-1, AS IT RELATES TO PRESSURE
REDUCING VALVES
Town Attorney Dunn stated Resolution No. 97-9 implements a
request from Upper Eagle.
Town Engineer Norm Wood further reviewed the Resolution. Town
Engineer Wood noted sprinkler systems will be required to have a
pressure reducing valve, unless under a special exemption.
Councilor Gilman motioned
of 1997. Councilor Benson
carried unanimously.
Resolutions:
to approve Resolution No. 97-9, Series
seconded the motion and the motion
Resolution No. 97-10, Series of 1997, A RESOLUTION APPROVING A
POLICY OF THE UPPER EAGLE REGIONAL WATER AUTHORITY RE: TREATED
WATER STORAGE REQUIREMENT
Town Attorney Dunn stated Resolution No. 97-10 implements a
request from Upper Eagle.
Town Engineer Wood further reviewed the Resolution. This
Resolution is to deal equitably with new areas joining the system
and buying into the water storage requirements.
Councilor Reynolds motioned to adopt Resolution No. 97-10, Series
of 1997. Councilor Benson seconded the motion and the motion
carried unanimously.
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Resolutions:
Resolution No. 97-12, Series of 1997, A RESOLUTION AUTHORIZING A
CONTRIBUTION TO-THE-EAGLE COUNTY REGIONAL TRANSPORTATION
AUTHORITY
Finance Director-Scott Wright informed this Resolution authorizes
a financial contribution to Eagle County Regional Transportation
Authority in the amount of $62,500 to assist in regional
transportation and authorizes an amendment to'the 1997 budget in
the public relations line item.
Councilor Gilman motioned to approve Resolution No.,97-12, Series
of 1997. Councilor Benson seconded the motion and the motion
carried unanimously.
Mayor's Report:
Mayor Fawcett announced that Arrowhead Metro District has agreed
to contribute $106,000,and Bachelor Gulch Metro-District has
agreed to-contribute $212,000 toward the roundabouts
construction.
Mayor Fawcett announced that today is his 19th wedding
anniversary. Mayor Fawcett wished his wife Diana a very happy.
anniversary.
Consent Agenda:
a.) Approval of the January 14, 1997 Council Meeting Minutes
b.) Resolution No. 97-11, Series.of 1997, A RESOLUTION
AUTHORIZING THE FINANCE DIRECTOR'THE AUTHORITY FOR THE
'SIGNING OF CHECKS AND OTHER -INSTRUMENTS
c.) Resolution No. 97-13, Series of 1997, A-RESOLUTION
ESTABLISHING FEES AND POLICY FOR OUT OF DISTRICT FIRE_
SERVICES
d.) Resolution No. 97-14, Series of 1997, A RESOLUTION'APPROVING
THE FINAL PLAT, OF BROOKSIDE PARK, A RESUBDIVISION OF.LOT 1,
EAGLEWOOD SUBDIVISION, TOWN OF AVON,.EAGLE-COUNTY, COLORADO
e.) Financial Matters
Councilor Benson motioned to approve the Consent Agenda.
Councilor Gilman seconded the motion and the motion carried
unanimously.
There being-no further business to come before Council, Mayor
Fawcett called for a motion to adjourn. Councilor Benson moved
to adjourn. The motion was seconded by Councilor Reynolds. The
meeting was'.adjourned by Mayor Fawcett at 6:45 PM.
RESPECTFULLY SUBMITTED:
Patty Lambert, CMC
Town Clerk
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