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TC Minutes 01-25-198300 00 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD JANUARY 25, 1983 - 7:30 P.M. r The 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 Nottingham at 8:00 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Dick Blodgett, Finance Director Bill James, Town Engineer Norm Wood, Town Planner Dick Kvach, Building Administrator Dick Evans as well as members of the press and public. First on the agenda was the reading and approval of the January 11, 1983 minutes. Greg Gage moved approval of the minutes of the January 11th meeting with these corrections, page 2, 4th paragraph, 2nd line, delete Sheila Davis's name from voting on Resolution No.#83-2, page 3, 1st paragraph, 6th line, change to read, "original motion as amended", page 5, 7th paragraph, 3rd line, add "be". With those corrections Sheila Davis seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes The motion was unanimously carried. The Financial Matters were next presented to the Council. A.J. Wells moved acknowledge- ment receipt of items #1 through #7. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Accounts Payable of General Fund. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Reconciliation Accounts Payable including the expenditures setforth thereon. The motion was seconded by Don Buick. Those Council- members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The pump house electric bill was discussed. Bill James stated that it had been discovered that the pump for the Avon Metro District was directly next to the meter that's over at the filter plant. The only thing that would be charged back to the Metro District would be the Town's pump. He stated that the Town should be paying Avon Metro District for toll charges for May, June, July, August and September and Avon Metro would be responsible for the other seven months. The amount that would be reimbursed to Avon Metro District would be $1,707.32. A.J. Wells stated that since the Town had been maintaining the landscaping at the fire house, that the Metro District possibly should waive the years prior to 1982. It was suggested that this matter be taken up at the next Avon Metro meeting. Council- man Wells stated that the original agreement when the Town received the park was that the Town would maintain the grounds. After discussion Greg Gage moved approval of pay- ment to Avon Metro District in the amount of $1,707.32. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell and Don Buick. There were no nay votes. A.J. Wells abstained. The motion carried. The new Retail Sales Tax Schedule was presented. This was printed as a donation by lst Bank of Avon to be used by local sales tax collectors. 0• Larry Goad representing the Chamber of Commerce, stated that there would be a reception by the Chamber at McCoy's Village, Beaver Creek and that all the Council- members and public were invited. This would be a Membership Drive. Second reading of Ordinance No.#82-24, Series of 1982, AN ORDINANCE AMENDING SECTION 17.20.170, OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO ALLOWED DENSITIES. At this point Mayor Nottingham opened the public hearing for this Ordinance. Dennis Cole approached the Council. He is the Attorney for Roadcal. He stated that the purpose of the Ordinance is to amend the zoning code of the Town of Avon to allow for an increase in density on the four lots currently owned by Sunroad, but to allow that increase of density exclusively for the purpose of constructing a hotel-convention center facility. He stated that if in the event a hotel-convention center facility, including the specific amenities setforth in Section 2 of the Ordinance, is not constructed, then they would return to the density which they currently have on the lots (60 units). He stated that they are not asking for a reclassification of the zoning, the lots are zoned Residential High Density Commercial (RHDC) and under that Town zoning Ordinance, a hotel-convention center facility is an allowed use. He stated that what they are seeking to do is to amend the zoning Ordinance to allow them the level of density which is required in order to justify a destination resort-hotel convention complex. Mr. Cole stated that the density which they are requesting is not in excess of the average density allowed under RHDC zoning. He stated he was convinced that this was a very necessary and viable project for the Town of Avon, that the benefits to the Town would be substantial. Once the project would be constructed they would be looking at revenues to the Town of Avon from taxes amounting to approximately one and a half million dollars a year, the employment of 400 people at this facility. This project would be joint-ventured with a major hotel. Jim Hire approached the Council. He was with the consulting firm of Pannell, Kerr, and Forester. He stated he would like to address the Council in regards to the emerging Avon as a destination resort. He discussed the findings of the consulting research. He discussed the financial impact to Avon. Steve Isom approached the Council. He was with I-Plan, Inc. Mr. Isom once again reviewed the history of this project. He stated that they have agreed to improve the road access, to expand and put in the turn lanes and to meet all the requirements that are needed. He stated that they have agreed to pro-rata share of improvements to the sewerage system. He stated they felt that of the maximum occupancy of the hotel, probably 900 people, that half of these people would be using the public transporta- tion system. He discussed the park impact and stated he thought it was fairly minor all but the tennis courts for which they would enter into a pro-rata sharing. Larry Keater Attorney for Sunroad Interprises stated that there were four specific questions that were discussed at the afternoon work shop relating to the agreement with the Town in conjunction with the request. The first issue was in regard to the date of enforcement of the Agreement as it was written, "a period of six years or until the Town of Avon amends its Master Plan and zoning Ordinance". Mr. Keater stated that that item was discussed between them and that they agreed to amend that language to read, "for a period of six years or until a one year after Certificate of Occupancy was issued for a hotel built upon the site". The second issue relates to the last sentence of paragraph E, reference to the sixty days. That was also discussed and was agreed to change the language to read, "unless the request from Sunroad occurs during the time that the stipulations and agreement are being held in escrow". The third issue was the application of the State Planned Unit Development Ordinance. He stated that they would stand on their position on that, that the Home Rule Status of the Town of Avon has changed the application of that PUD and has made that statute non-applicable in this case. The incorporation of the Town and passage of its own zoning rules and regulations has superceeded any necessity for amending that PUD. The fourth issue was in regards to Roadcal's ability to live by this agreement from a financial standpoint. It was suggested that a subordinate lien be put on the property. -2- •0 Roadcal is not comfortable with this because it could cause severe problems in a sale, but it would be willing to make available any bank official familiar with Roadcal's financial condition on any other reasonable request to assure the Town that Roadcal has the capability of living up to the terms of the agreement. Dennis Cole concluded by stating that Roadcal has tried to take care of and resolve each concern that has been raised. He requested that the Council approve the project. The Mayor asked for further public input. Dave Mott, Eagle County Commissioner. He stated he was before the Council as a historian only. He stated basically there were agreements made previously in regards to density and stated that possibly they discuss this with the Forest Service. Keith Troxel, County Commissioner stated he was not speaking as a board of commissioners, but strictly his own interpretation of what happened in the past. He stated that they have had density transfers at Beaver Creek, that they have come before the Board of Commissioners and have asked for density transfers from different tracts, but they did not exceed their allowable density. He felt that any decision on the Town's part would be their decision. He stated that he was concerned, and hoped that the agreements that the county made with the forest service and the State of Colorado would be honored. Danny Williams stated he understood the magnitude of the project and stated he felt that it was the Town of Avon's decision. Ken Sortland, Avon property owner. He was concerned of the future impact of the Town. He felt that the Town of Avon should establish their own Master Plan and control how it is going to be done. That the Master Plan should be completed before this project is approved. George Rosenberg, Attorney. He stated that the control factor was under county zoning, there was a commitment or intent made, but the county carried it out in the final approval of the three subdivisions. Bill Pierce, chairman of the Design Review Board. He stated that if the Town was going to have this kind of density it should be in the downtown core area. He stated that the parking should be addressed. Rick Cuny, businessman, resident. He stated he thought it was a good location and a big plus for the Town and should be approved. Jim Bennett with U.S. Home Corporation. He stated it was an excellent location and would bring people into Avon. Mike Blair, member of the Design Review Board. He stated that there was a commitment made in the past and felt that all the agreements should be kept. He stated that he would welcome this project, but did question the size. Dave Cole, property owner. He stated it may open the flood gates for anyone else for requesting more density. He stated that the Master Plan should be studied further and that the project should be turned down. Morgan McVicker, real estate broker. He stated he would support the project. Gordon Stedman, Vice President of Development of Vail Associates. He stated that this project has been discussed among the Vail Associates. He stated that if Avon cannot succeed in the eyes of the public, that Beaver Creek will not succeed in the eyes of the public. He stated that the two are tied together. He asked if the Town of Avon was prepared to review the plans for this project to the extent where this project is a high quality project viewed both from down in the valley at Avon and from the mountain of Beaver Creek. It was a concern of theirs. They are also concerned of the prior agreements made between the State and the U.S. Forest Service and the association of developments (Avon, Vail, Beaver Creek, Eagle County) are not dishonored. He stated if those agreements are jeopardized then the success of Beaver Creek would be jeopardized. -3- m 09 Councilman Kumpost asked Mr. Stedman if he would be willing to participate in the study of the Master Plan. Mr. Stedman stated that they would be very interested to participate. A lengthy discussion followed. Don Chaplan, property owner. He stated that he was not in favor of the project because of the density factor. Mayor Nottingham asked if anyone else desired to be heard. Seeing none, he declared the public hearing closed. The Town Attorney stated he had reviewed the Agreement and found it to be satisfactory with the exception of the hold harmless clause which he desired to discuss with the Town Manager. It was stated that Roadcal's property holds the only right to a service station in the Town of Avon. It was stated that the service station would be deleted from the project. Councilman Buick stated he did not think that all the concerns and questions of this project had been adequately addressed. Councilman Wells seconded that statement and stated that "because of everything that has been presented, I feel that the athletic facilities are inadequate to allow public use." He felt that there was nothing presented of a reliable professional nature to indicate the transportation impacts have been covered and "I defy you to say there is no impact on the parks. Another major concern was your unwillingness to tell us what your amenities means". He stated that there were three options 1) turn it down, 2) table it until the Master Plan was done, or 3) take it to the vote of the people. Councilman Buick stated he thought there was a fourth option and that was going to a Specially Planned Area (SPA). There was a lengthy discussion that followed. The Council recessed at 10:25 p.m. and reconvened at 10:45 p.m. Dennis Cole approached the Council. He stated during the recess the staff members of Roadcal discussed the other items that were brought up. He stated there have been other avenues that had not been pursued before. He requested that the Council continue this second reading until the next regular meeting. After discussion A.J. Wells moved to table Ordinance No.#82-24 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#82-19, Series of 1982, AN ORDINANCE ESTABLISHING DOCKET FEES AND RECORD FEES FOR THE MUNICIPAL COURT OF THE TOWN OF AVON, AND SETTING FORTH THE PROCEDURE FOR THE COLLECTION THEREOF. After discussion A.J. Wells moved to approve Ordinance No.#82-19, Series of 1982 on second reading. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: none. Those Councilmembers voting nay were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. The Ordinance was defeated, 6-0. A.J. Wells moved to establish a bank account for the court for the purpose of main- taining and controlling bond funds. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved to have the Town Attorney look into the recommendations of Judge Buck Allen pertaining to ordinances 1) dealing with intimidation of a witness and -4- N 00 2) dealing with the receiving of stolen property. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-1, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE AGREEMENT. (BOBCAT) Larry Kumpost moved approval of Ordinance No.#83-1, Series of 1983 on second reading. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-2, Series of 1983, AN ORDINANCE CONCERNED WITH AMENDING THE ZONING CODE OF THE TOWN OF AVON TO REQUIRE THAT PROVISION BE MADE FOR SNOW STORAGE AREAS OR SNOW REMOVAL. Sheila Davis moved approval of Ordinance No.#83-2, Series of 1983 on first reading. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-3, Series of 1983, AN ORDINANCE AMENDING SECTION 3.12.070.B. OF THE MUNICIPAL CODE OF THE TOWN OF AVON. (TRANSFER TAX) Al Connell moved approval of Ordinance #83-3, Series of 1983 on first reading with the correction to change to read, "ten business days". The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A. J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinances No.s#83-4,5,6,7, and 8, Series of 1983. These ordinances are dealing with the adopting by reference the 1982 Uniform Building Code. The Town Attorney stated because of some of the information pertaining to the Fire Code was left out, he was requesting that the Council table these ordinances until the next regular meeting. Greg Gage so moved. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Councilman Kumpost stated that they need to revise the contractor licensing method. It was suggested that they treat the contractor licensing as a business license and not try to decide for anybody whether their qualified or not. This was discussed at length. The final payment to Roche Constructors, Inc. was discussed. The Town Attorney stated that there were two claims filed after notice of final settlement was published. One was filed by Universal Drywall and the other was filed by Drywall Supply, Inc. Universial Drywall commenced suit against the town and against the Drywall Supply, Inc. (Drywall Supply is a party to obtain payment of the amount that they claimed), the suit was commenced by Universal. He stated that the town clearly has to await in the order of court before paying Universal. He stated that he has taken the position with the court that again until there is an order of court or stipulation of parties, he didn't feel that the town should pay anything out of the total amount of money claimed by Universal and Drywall. As a result of the attorney taking that position, Universal has taken and filed a motion for summary judgement which will be heard in Denver on the morning of March 29, 1983. He stated that he had told the attorney who represents Roche, that as to the balance, the amount being withheld by the town because the contract was not completed, that when that work was done, then there would be authority from the Council to pay that portion. He stated that $30,000 was the correct amount to hold on the lien. -5- N The Mayor reported on the letters of response from the Congressmen regarding the Antitrust Liability for municipalities. Lots#20,21, Block #1 was discussed. The Town Attorney stated that he would go into court with a request that the property be partitioned and then the effect of that request would be in order by the Judge and the property would be sold at public sale. He stated probably the town would bid in a minimal amount and that would be the end of it. The Town Manager reported on the memorandum of the in-house attorney versus contracting for legal services. This was discussed at length. Some of the ways the town could cut time for the use of the attorney would be 1) to cut some of the Municipal Court time; 2) that the time should be scheduled so that the time could be shortened at the Council Meetings; 3) to try to resolved the problem of other citizens calling Mr. Dunn and using him as the Town Attorney; 4) have the Department Heads screen their call to John Dunn through the Town Manager; 5) to receive the Council's go ahead before the attorney drafts ordinances; 6) to have the Town Attorney suggest ways to shorten his time; 7) a possible built in retainer. Councilman Connell stated he still contended that the town could get another attorney for less money. It was suggested that this would be discussed at the next regular meeting work shop. The Denton Harper Marshall proposal for additional services was discussed. Councilman Kumpost asked if the architect was going to pay the town back for what he was overpaid. Norm Wood, Director of Public Works, stated that the architect stated he would credit that overpayment on the Phase II work and the final design on Phase II. The town Manager stated that the Mall Committee would want to discuss the architects fees also. Councilman Buick stated he was not comfortable with the increase of the assessment fee which amounted to $5,000. Mr. Wood recommended that the town do nothing until they find out where they are with the mall, because if we do have to proceed this year, there probably would be substantial changes in the design in order to construct on the available space. Councilman Kumpost stated that since the architect proposed he would credit the overpayment over to Phase II, that it should stay where it is at this time and should respond to him, even if it would be through the attorney, that was his proposal and the town expects him to hold to his proposal and have him finish up the plans or there would be legal action. The status of the financial year end report was discussed. Bill James stated that the figures for the year end for 1982 were not ready for Councils review. He stated that he wanted to wait until the auditors were in, that there were some adjustments that he couldn't rectify to last years audit of 1981. He stated he wanted to complete that before he presented the final figures, probably at the next regular council meeting. He stated that the Council probably would not get an up date of this years financial transactions until the first of March. The proposed lease/purchase of police cars were discussed. After discussion A.J. Wells moved approval of three police vehicles from the State Bid, financed through the First Bank of Avon at no more that 10 percent. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. -6- N 00 A.J. Wells moved approval of a lease purchase of a Minolta 530R from American Office Equipment Company at the amount of $9,225, financed through the First Bank of Avon for no more than 10 percent. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Manager reported that the sole bidder on the sleighride service in the park, felt the service would not pay, thus, decided not to enter into the contract. The Sleigh Rides have therefore, been discontinued. The Town Manager reported on the Comprehensive Plan and the procedures for selecting a consultant. The committee for the Master Plan was discussed. It was suggested to check the Real Estate Transfer Tax List on the units that were transferred from Roadcal to Sunroad, to see if they had been paid. After discussion Sheila Davis moved the appointment of Larry Kumpost to serve on the committee for the Master Plan. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. Larry Kumpost abstained. The motion carried. A.J. Wells moved to appoint Al Connell for the committee for the Master Plan. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Don Buick. There were no nay votes. Al Connell abstained. The motion carried. Larry Kumpost moved to appoint Bill Pierce and Mike Blair of the Design Review Board to serve on the committee for the Master Plan based on who was available or both could serve. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Councilman Kumpost stated he would like to see a representative from Beaver Creek to also attend the Master Plan meetings. The establishment of the Planning and Zoning Committee (P&Z) was discussed. Dick Kvach stated that the primary purposes for P&Z is to provide an adequate level of citizen input into projects that come into the town. The role of the P&Z during Plan Development should be to act as the official citizen organization which holds meetings as necessary to review work items underway by the consultant and provide guidance in matters relating to community values and determing goals and objectives. He--recommended that the P&Z be formed before they get into the Master Plan. He stated it could be formed by the first week or two of March. The schedule now stands is to have the interviews completed by the middle of February, contracts signed by the first of March. It was suggested that Design Review Board Members serve on this committee. It was stated that only resident members could serve. Mr. Kvach stated that the courts have stated, that if you are dealing with things that effect your community, you have to have citizens from that community doing the evaluation. It was suggested to check the resident members of the DRB, to see who are residents and when their term expires. Mr. Kvach stated he'would go back to the DRB, at the Council's direction, and ask the members if they would have any problems serving a dual capacity of DRB and P&Z for now. The Town Manager reported that there would be a meeting with a representative of Price Waterhouse, January 31, 1983 at 3:00 p.m. at the Municipal Building, to discuss the Transit Report. -7- N 0* The Mayor reported that he had received a letter from Duane Broyles, Manager of the Benchmark Trailer Park in Avon. He was concerned with the dogs running at large and the abandon vehicles. After discussion, the Mayor stated that there would be a response to Mr. Broyles' letter. There being no further business Al Connell moved to adjourn. Larry Kumpost seconded the motion. The meeting was adjourned by Mayor Nottingham at 1:20 a.m. Respectfully Submitted: APPPnXTFT) i j.. -8- Patricia J. Pokle, Town Ilerk