TC Minutes 01-12-1982VOL
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MINUTES OF THE REGULAR MEETING OF
THE TOWN OF AVON COUNCILMEMBERS
HELD JANUARY 12, 1982 - 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held
in the Municipal Building in the Council Chambers.
The meeting was called to order by Mayor Alpi at 8:00 P.M. A roll call was taken
with the Councilmembers in attendance. Also present was Town Attorney John Dunn
as well as members of the press and public.
Neil Clark, an architect for I-Plan, Inc. of Eagle, Colorado approached the Council
to request approval of an encroachment by a retaining wall located on the property
line between lots 12 and 13 at the Metcalf Road Industrial Park. He stated that he
had petitioned all utilities for a vacation of easements and had received permission
from all but Mountain Bell.
Sheila Davis moved approval of the encroachment on the utility easement contingent
upon I-Plan receiving permission from Mountain Bell, seconded by Steve Erickson,
and was unanimously carried.
Larry Goad, representing Wildridge Development Company, approached the Council. Be
it noted that A.J. Wells stepped down. Mr. Goad requested that the Council approve
a resolution substituting an assignment of the note and deed of trust from a bona-
fide purchaser, said purchaser being Block 5 Ltd., a limited partnership, for the
lots in Block 5 of Wildridge Subdivision as collateral securing the balance of con-
struction per the Subdividers agreement with the Town of Avon.
After discussion Steve Erickson moved approval of Resolution No.#82-2 allowing the
substitution of collateral contingent upon the Town Attorney's review of the completed
Title Policy after the sale closing. The motion was seconded by Larry Kumpost and
was carried with Allan Nottingham and A.J. Wells abstaining.
Mike Blair, representing Wildridge Development Company, approached the Council. He
requested that the Town Council accept into the Town road maintenance system for
maintenance purposes all of the paved roads in Wildridge Subdivision Blocks 1,2,and
3 and that paved portion of Wildridge Road in Block 5, subject to final review by
the Town Engineer. He stated that there are some improvements yet to be made.
Steve Erickson asked if a written report had been received from the Town Engineer;
after discussion it was decided that the periodic field reports filed by the Town
Engineer during construction were a sufficient basis for approval. Mr. Blair re-
quested that a letter stating the Council's action and stipulating the improvements
to be made be directed to Wildridge Development Company.
With no further discussion, Steve Erickson moved acceptance for maintenance of all
of the roads in Blocks 1,2, and 3 and that portion of Wildridge Road in Block 5 con-
tingent upon:=_1)a letter of final inspection from the Town Engineer recommending'
approval 2)the Developer correcting certain areas of asphalt patching in the Spring
3)certain guard rails being added upon recommendation of the Town Engineer 4)the
manholes and water cover valves being finished to the satisfaction of the Town En-
gineer 5)_the one-year warranty of the Developer being in effect-on these roads and
6)that the Town issue a letter to Wildridge Development Company stating:-.the-same.-
The motion was seconded by Sheila Davis.
At that point there was some discussion of the term "patching" in item 2 of the-mo-
tion. Councilman Erickson amended item 2 of the motion to read: "any areas of as-
phalting in the Spring being required by the Town Engineer be repaired by the Develo-
per". The motion was seconded by Sheila Davis and carried with Allan Nottingham and
A.J. Wells abstaining.
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There was some discussion about the eventual striping of the Town and Wildridge
roads.
Gary Marner was not present and was scratched from the agenda.
Gary Stevens, representing Stevens Development Company, approached the Council to
request approval of Subdivision lot 44, Block 1, Wildridge. Be it noted that
A.J. Wells stepped down. The Mayor stated that both the Town Engineer and the
Town Attorney had inspected the plans and found them in order.
After review by the Council, Steve Erickson moved approval, seconded by Sheila
Davis, and was carried with A.J. Wells abstaining.
Hensel Phelps, next on the agenda, was not represented. There was discussion con-
cerning a letter from Hensel Phelps guaranteeing for the third and fourth years the
concrete work on the sidewalks running from Avon Center to the bus turnaround.
Payment requests #2 and #3 were discussed as well as the retainage to be paid after
publication of the notice of partial final settlement. Further discussion was
postponed to the Financial Matters.
Michael Caccioppo, representing eight groups of condo owners in Sunridge Phase II,
approached the Council. He requested that the bus service which had been discon-
tinued from last year be reinstated allowing at least one pickup for skiiers in the
morning and one in the afternoon. He stated that the danger and inconvenience caused
to guests renting these units by making them walk either across the railroad tracks
or across Highway 6 were not in the best interests of. the Town.
The Mayor suggested that'since Mr. Caccioppo did not represent the homeowners asso-
ciation or any management company but only a group of eight units perhaps the com-
plaint was not a general one. The Mayor did, however, state that the Council
would consider the possibility of a morning and afternoon bus pickup.
There were comments from some members of the audience regarding the difference in
services expected by locals and by tourists.
Discussion of the Confluence at Beaver Creek Annexation was scratched from the
agenda based on the discussion at the afternoon workshop.
Second reading of Ordinance No.#81-38, Series of 1981, AN ORDINANCE ANNEXING TO THE
TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T.5 SOUTH, RANGE
82 W." OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CON-
CLUSIONS AND OTHER DETAILS THERETO.
The Town Attorney stated that the necessary publications had been made and asked if
there were any parties present opposed to the annexation. There were none. Jim
Otis, representing the purchasers of the property, came forward to discuss with the
Town Attorney the four issues in Section 2 which needed confirmation, these being:
a) that at least 1/6 of the property boundary is contiguous with the Town of Avon,
B) that there is a community of interest between the Town and the subject property,
c) that the property will be "urbanized" in the near future, and d) that the annexa-
tion petition was signed by 100% of the owners of the land. The Town Attorney stated
that the burden carried by the petitioners had been satisfied and recommended to the
Council that the Ordinance be approved on second reading.
lack o ' -_f" _'2)
There was some discussion of the presefit easement agreement and the issue of access.
Sheila Davis moved approval of Ordinance No.#81-38, Series of 1981, on second reading
and was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers
voting yes.
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Jim Otis then presented to the Coun,:Il an Ordinance establishing the initial zoning
classification of the property annexed in Ordinance No.82-2, Series of 1982.
After discussion Steve Erickson moved approval on first reading of Ordinance No.#82-2,
Series of 1982, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON; AND ZONING
CERTAIN PROPERTY RECENTLY ANNEXED THERETO. The motion was seconded by A.J. Wells.
A roll call was taken with all Councilmembers voting yes. The hearing date for
second reading was set by the Council for February 9, 1982.
The Mayor presented to the Council Resolution No.#82-1, Series of 1982, which reads:
BE IT RESOLVED THAT Linda Halverson is appointed deputy clerk of the Town of Avon,
Colorado. Said deputy clerk to have the authority of the Town Clerk when the said
Town Clerk is absent or unable to serve.
Steve Erickson moved approval of Resolution N6.#82-1, was seconded by Larry Kumpost
and unanimously carried.
The Mayor presented Resolution No.#82-3, Series of 1982, which reads: BE IT RESOLVED
THAT Joyce Evans is appointed Municipal Court Clerk, Avon Municipal Court, Avon,
Colorado. Said Court Clerk to have the authority to administer the duties of this
office.
Steve Erickson moved approval of Resolution No.#82-3, seconded by A.J. Wells, and
was unanimously carried.
The meeting was adjourned by Mayor Alpi at 9:35 for a break and reconvened at 10:00
P.M.
The Mayor reported
Northwest Colorado
in that capacity.
unanimously.
that the Council needed to appoint a 1982 representative to the
Council of Governments and that Steve Erickson wished to continue
A.J. Wells so moved, was seconded by Larry Kumpost and carried
After a brief discussion, A.J. Wells moved that the council amend its policy with
respect to documents being submitted on condominium projects or any other projects
involving Townhouse Declarations or Party Laws so that the documents submitted in-
clude any covenants affecting the project; and that the policies be amended such
that the Town Attorney review all documents such as Articles of Incorporation, Bylaws,
Condominium Declarations, Covenants, and any other documents relative to the condo-
minium project that are submitted to determine whether or not there are any obvious
conflicts with Town Ordinances.
The motion was seconded by Sheila Davis and unanimously carried.
Councilman Wells also suggested that the Town Attorney be authorized to recommend to
the Council some sort of guideline to be utilized by the Town Attorney in such reviews.
First Reading of Ordinance No.#81-37, Series of 1981, AN ORDINANCE PROVIDING FOR THE
AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON AND THE INCLUSION OF CERTAIN
DESCRIBED LANDS IN THE OPEN SPACE, LANDSCAPING AND DRAINAGE ZONE DISTRICT.
After discussion Steve Erickson moved approval of Ordinance No.#81-37 on first reading,
and was seconded by A.J. Wells. A roll call was taken with all members voting yes.
The hearing date for second reading will be February 9, 1982.
The status of current applicants for the positions of Town Engineer and Community
Developer was discussed. Discussion of advertising for these positions as well as
the position of Town Administrator was also held.
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The vacancy on the Design Review Board was also discussed. The Council decided
that the Design Review Board Members should interview the current applicants at
their next meeting and make recommendations to the Council for approval.
The Council authorized the donation of $250.00 to each of two private schools in
memory of Tom Phoenix who was instrumental in obtaining much of the financing
which made possible the early development of the Town.
The financial matters were presented next. There were some questions raised on
Norm Wood's bill as well as on several of the Town Center Mall accounts payable.
After discussion A.J. Wells moved approval of the General Fund accounts payable
subject to holding the Stickley Insurance bill until January'26th, and subject to
checking out the questions raised on Norm Wood's bill. Sheila Davis seconded the
motion and was unanimously carried.
A.J. Wells then moved approval of the Public Works accounts payable, the B & B
Excavating bill being adjusted at the Town Engineer's recommendation to $228,783.47.
The motion was seconded by Larry Kumpost and carried unanimously.
Councilman Wells also moved approval of the Town Center Mall accounts payable
subject to: 1) checking out the questions raised on Norm Wood's bill, 2) holding
the amount payable to Peregrine Properties until we know where we stand with
them (in Off Tract G costs), 3) witholding $50,396.00 from Hensel Phelps pending
receipt of the letter guaranteeing work on the sidewalks and making the calculations
necessary to allocate the costs between Tract G and Off Tract G, 4) holding the
DentonHarperMarshall bill until the Town has an analysis of their bills to de-
termine if the payments are in compliance with the contract and until Norm Wood
has reviewed the plans for Phase II. The motion was seconded by Steve Erickson
and carried unanimously.
The topic of home delivery of mail in the Town was discussed.
The Mayor also stated that a meeting will be held at the county sometime in February
to discuss a proposed hospital district.
The minutes of the December 8, 1981 Council Meeting were presented to the Council.
There were no additions, deletions, or corrections. Steve Erickson moved approval
of the December 8, 1981 minutes. The motion was seconded by Sheila Davis and car-
ried unanimously.
There being no further business Steve Erickson moved to adjourn. A.J. Wells seconded
the motion. The meeting was adjourned by Mayor Alpi at 12:50 A.M.
Respectfully Submitted:
J
IY-el
Linda G. Halverson, Deputy Town Clerk