TC Minutes 05-27-1980MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD MAY 27, 1980 - 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was
held in the Town Offices, second floor, Benchmark Shopping Center, Avon.
The meeting was called to order by Mayor Alpi at 7:50 p.m. A roll call was
taken with all Councilmembers in attendance. Also present were Town Attorney
John Dunn, Chief of Police Dave Martinez, Tom Phoenix and Linda Clark from Boettcher
and Company as well as members of the press and public.
The minutes of May 13, 1980 were then presented to the Council. After discussion
Hugh Price moved approval of the May 13, 1980 minutes with these corrections.
Page one, "closed", "acceptable", "PREPARATION", page two,"parked for", page three,
"IMPOSITION", "SOLICITORS", seconded by Jim Wells and was unanimously carried.
Bi-monthly financial reports were next presented to the Council. After discussion
Jim Wells moved approval of the Accounts Payable and all the other financial reporting
information excluding the invoice for Inter-Mountain Engineering for further
information, seconded by Steve Erickson and was unanimously carried.
It was requested that the cost control sheet for the Parks and Recreation be inserted
in the financial reports for the Council to review.
The truck for the Park was discussed. It was requested that the Mayor check into the
prices of trucks in Colorado Springs, Colorado.
The Claycomb Engineering proposal was then discussed. After discussion Steve Erickson
moved approval of the expense to Claycomb for the flat fee of $900.00 a month for a
ij day a week and to accept their proposal on the drainage and widening of Beaver Creek
Blvd., also the mapping thereof, less 10%, seconded by Bill Doyle and was unanimously
carried.
The VA employee.housing was discussed. ;:After discussion Jim Vells move& that the Council
support the housing situation and that the Council send the Mayor to the meeting to
represent the Town Council and also that a letter be written stating the support and
be hand delivered, seconded by Steve Erickson and was unanimously carried.
Reference hereby made to the letter to the County Commissioners attached
hereto.
Larry Goad representing Benchmark - Wildridge approached the Council. It was noted
that Jim Wells stepped down. Mr. Goad provided the Council with a summary which gave
an up to date accounting for the related cost. He was pro.posing_a:~_collateral,
change for the subdividers agreement where they would want to add to the present
collateral held by the Town of Avon which is Block#5 consisting.of 26 lots in exchange
for the right to release up to 25 lots as they were sold in Block#4. A Resolution was
drafted for the Council's review.
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Mr. Goad was requesting the Council adopt Resolution No.#10 which would in fact allow
the Mayor to sign the related documents necessary to carry out these requirements.
Steve Erickson stated he was concerned about the miscalculation on the cost estimate and
the accessibility of the lots.
A lengthy discussion followed. It was stated that Benchmark has got contracts on
eight of the 25 lots in Block #4, Wildridge.
Councilman Hugh Price asked if it would cause any particular hardship if they could
come before the Council as they got groups of contracts on lots being sold rather
then have the 25 lots released. Mr. Goad stated it could be done if that were the case.
At that point Jim Wells offered the Council an alternative, he suggested that they
change the 25 lots to 10 lots and all future releases will be brought to the Town based
upon credit from monies expended this year.
After discussion Steve Erickson moved approval of Resolution No.#10, Series of 1980 with
the change of the release of the 25 lots to 10 lots and that in the future the
releases of the lots will be based on a presentation to the Council on the dollars that
have actually been expended to date, seconded by Carol Richards and the motion was
carried with Allan Nottingham abstaining.
The Mayor read the report from Claycomb Engineering Associates on the Wildwood and
Buck Creek Access to the Council. Claycomb saw no problem with the dpproval.
Carol Richards moved to authorize the Mayor and the Town Clerk to sign the Wildwood and
Buck Creek Access plats and to hold them in the Town Offices until the Council knows
what action will be taken, seconded by Bill Doyle and the motion was carried with
Allan Nottingham and Jim Wells abstaining.
Carol Richards moved to retain Clinton Watkins as Municipal Judge on a month to month
basis until a decision be made for the appointment for a Municipal Judge, seconded by
Jim Wells and was unanimously carried.
It was suggested that the Municipal Judge's position is open and be published in the
newspaper.
Jon Mulford representing Avon Lake Villas, Phase II approached the Council,. He was
asking approval for the Condominium Map.
After discussion Jim Wells moved approval of the first supplementary Condominium Map
of Avon Lake Villas Condominiums filing NO.#II, seconded by Hugh Price and was
unanimously carried.
Tom Phoenix and Linda Clark with Boettcher and Company approached the Council. They
were requesting the Council to approve the contract between the Town and Boettcher and
the Ordinance No.#80-15, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON"S
GENERAL OBLIGATION BONDS FOR PURPOSE OF CONSTRUCTION OR ACQUISTION OF A MUNICIPAL
COMPLEX, RAILROAD CROSSING, BRIDGE OR OTHER CAPITAL IMPROVEMENTS AND PROVIDING DETAILS
IN REGARD THERETO, on first reading.
There was a correction on the contract "EXHIBIT A" changing the word "district" to "Town"
and in the Ordinance, strike the word "and" and after the word bridge add, "or other
Municipal capital improvements."
Carol Richards moved approval to accept the contract from Boettcher and Company for the
amount of $1,385,000 in General Obligation Bonds, seconded by Jim Wells. A roll call
was taken with all Councilmembers voting yes.
With the contract approved, Steve Erickson moved approval of Ordinance No.#80-15, Series
of 1980 on first reading, seconded by Jim Wells. A roll call was taken with all
Councilmembers voting yes.
Mr. Phoenix presented a check to the Town in the amount of $10,000.00.
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Mr. Rodger LaCroix from LaCroix Landscaping along with two other Landscaping firms
approached the Council. They were concerned and displeased of the fact that they were
not notified of the work being done in the Park and that they did not have a chance
to submit a bid.
It was stated that is was printed in the newspapers and that the Town did in fact
receive other bids.
After a lengthy discussion Carol Richards moved approval to establish a policy that
any work that requires a proposal or bid that totals more than $5,000.00 be published
in at least one of the newspapers, at least one time before the Council awards a contract
to any one and that the motion also include advertising for any appointed position for
any of the Boards that would be appointed by the Council.
Steve Erickson requested to make an amendment to the motion and raise the total dollars
to $10,000, seconded by Steve Erickson. 4 Councilmembers voted yes, 2 did not vote.
Shelia Davis approached the Council regarding the enclosure of the Park. She was
representing some residents of Avon as well as speaking for herself.
She wanted the Council to reconsider putting the fence in front of the duplexes on lots
6,8,9 and 10, Block#2. Mrs. Davis stated that by putting the fence both on the North
and South of this particular section it would be a terrible trash collector.
There were 2 letters submitted to the Council from residents of Avon stating their
displeasure of the enclosure of the Park.
After discussion the Council agreed to look at the property before any decision was made
about the fence at that location.
Fritz Schmidt representing Balas Townhouses approached the Council. He was asking for
approval of the Condominium Map.
After discussion Jim Wells moved approval of the Balas Condominium Map of Balas
Townhouses Condominiums of Lot#6, Block#l, Benchmark at Beaver Creek, Amendment No.#4,
subject to 2 mylars to be delivered to the Town fully executed by the owners and
surveyors, final review of the map by Dick Evans, Building Administrator and the
payment of the fee, seconded by Hugh Price and was unanimously carried.
when the code is finished the balance would be due.
After discussion Allan Nottingham moved approval to order the work to begin on the
Codification of the Ordinances, seconded by Jim Wells and was unanimously carried.
John Dunn Town Attorney again reminded the Council of the Codification of the Ordinances.
He stated that the maximum cost for the remaining year of 1980 would be $1,500.00 and
First reading of Ordinance No.#80-7, Series of 1980, AN ORDINANCE AMENDING ORDINANCE NO.#17
SERIES OF 1979, TO PROHIBIT IMPOSITION OF IMPRISONMENT IN THE CASE OF PERSONS UNDER
THE AGE OF EIGHTEEN YEARS; TO CHANGE THE DEFINITION OF "RECREATIONAL FACILITY" AS THE
SAME RELATES TO THE DEFINITION OF "LARCENY;" TO DEFINE THE OFFENSES OF "LOITERING" AND
"PROCURING FOOD OR ACCOMMODATIONS WITH INTENT TO DEFRAUD;" AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF.
After discussion Steve Erickson moved approval of Ordinance No.#80-7, Series of 1980
on first reading, seconded by Jim Wells. A roll was taken with all the Councilmembers
voting yes.
First reading of
AND PEDDLERS AND
THEREOF.
After discussion
Ordinance No.#80-9, Series of 1980, AN ORDINANCE LICENSING SOLICITORS
ESTABLISHING FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION
the Council decided to table this Ordinance.
First reading of Ordinance No.#80- 13, Series of 1980, AN ORDINANCE RE-ENACTING ORDINANCE
NO.#79-18.
After discussion Steve Erickson moved approval to table this Ordinance, seconded by
Allan Nottingham and was unanimously carried.
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First reading on Ordinance No.#80-14, Series of 1980, AN ORDINANCE AMENDING THE ZONING
CODE FOR THE TOWN OF AVON, ORDINANCE NO.09-12, TO DEFINE "TIME-SHARING UNIT;" TO CHANGE
THE DEFINITIONS TO "MULTIPLE-FAMPILY DWELLING" AND "HOTEL", MOTEL AND LODGE;" TO MAKE
TIME-SHARING UNITS A SPECIAL REVIEW USE; AND TO CHANGE THE DEFINITIONS OF "HEIGHT" AND
"BUILDING HEIGHT."
After discussion Jim Wells moved approval to table this Ordinance, seconded by Carol
Richards and was unanimously carried.
Second reading of Ordinance No.#80-8, Series of 1980•, AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS OF THE TOWN OF AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE
MEANING OF SUBDIVIDING; TO LIMIT EXEMPTION FROM SUBDIVIDING REQUIREMENTS TO FOUR TENANTS
IN COMMON; TO DEFINE TIME-SHARING; TO MAKE REQUIREMENTS WITH RESPECT TO TIME-SHARING
SUBDIVISIONS AND CONVERSIONS; AND TO ADD A FORM FOR CERTIFICATES FOR AMENDED PLATS.
After discussion Jim Wells moved approval of Ordinance No.#80-8, Series of 1980
on second reading, seconded by Steve Erickson. A roll call was taken with all Council-
members voting yes.
Second reading of Ordinance No.#80-10, Series of 1980, AN ORDINANCE LICENSING BUSINESSES
AND ESTABLISHING A FEE THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
After discussion Steve Erickson moved approval of Ordinance No.#80-10, Series of 1980,
seconded by Carol Richards. A roll call was taken with all the Councilmembers voting
yes.
Second reading of Ordinance No.#80-11, Series of 1980, AN ORDINANCE AMENDING ORDINANCE
NO.#l, SERIES OF 1980, TO PROVIDE ADDITIONAL CATEGORIES OF CONTRACTORS PURSUANT TO SECTION
303(f), UNIFORM BUILDING CODE, AND ESTABLISHING FEES IN RELATION THERETO; AND
PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
After discussion Hugh Price moved approval of Ordinance No.#80-11, Series of 1980,
subject to the insertion of "XVI other and fee of 25.00", seconded by Bill Doyle. A
roll call was taken with all the Councilmembers voting yes.
Second reading of Ordinance No.#80-12, Series of 1980, AN ORDINANCE CONCERNING REVENUE
AND IMPOSING A BUSINESS AND AN OCCUPATION TAX ON ALL TELEPHONE UTILITIES OPERATING WITHIN
THE TOWN OF AVON, PROVIDING FOR THE COLLECTION OF SAID TAXES AND PENALTIES WITH RESPECT
THERETO; A SEVERABILITY CLAUSE; AND OTHER DETAILS IN RELATION TO THE FOREGOING.
After discussion Jim Wells moved approval of Ordinance No.#80-12, Series of 1980,
seconded by Steve Erickson. A roll call was taken with all the Councilmembers voting
yes. This Ordinance shall take effect July 1, 1980.
There being no further business, Steve Erickson moved that the Council adjourn and
Hugh Price seconded the motion. The meeting was adjourned by Mayor Alpi at
12:30 A.M.
Respectfully Submitted:
`Coani of (boir
Vogt toffirt ~ox cc
Qlalornba 81620
(3113) 949-4280
May 23, 1980
County Commissioners
Dale Grant - Cha.irm in
I' .0. Box 350
Eagle, Colorado 316) 31
Dt"Ar Mr. Clla.i.rm<~Il:
The Town of Avon has reviewed the issue regarding Beaver
Creek and employee.. housing. It is the consensus of the Town
that at present, there is a considerable number of available
units For rent, both lone{ and short term. The Town anticipates
more, available housing coming on line, as the various projects
under construction at present, are completed.
It should be noted, however, that the long-range requirements
for t.iie entire Bcave,r Creek/Avon area, in r.ecgards to employee
11~u_;.ing, may require some very careful scrutiny, as the Town and
:i coniplex develope.
Boling good judgement prevails,
Respectfully yours,
Angelo V. A1pi, Mayor
TOWN OF AVON
,1VA; pjd