TC Minutes 10-25-1983MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
OCTOBER 25, 1983 - 7:30 P.M.
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 Allan Nottingham at 7:45 p.m.
A roll call was taken with Greg Gage, A.J. Wells, Al Connell and Don
Buick present. Also present were: Town Attorney John Dunn, Town
Manager Richard D. Blodgett, Finance Director Bill James, Director of
Public Works Norm Wood, Planning Director Dick Kvach, Building
Administrator Dick Evans, Superintendent of Public Works Dan Sunday as
well as members of the press and public. Larry Kumpost and Sheila
Davis were absent.
The Mayor called for Citizen Input.
There being no one wishing to be heard, the Mayor closed discussion
for Citizen Input.
Second reading of Ordinance No.#83-37, Series of 1983, AN ORDINANCE
CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT
DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT
ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH;
ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN,
INCLUDING ALL INCIDENTAL EXPENSES. AGAINST THE LOTS, OTHER TRACTS OR
PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE
DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE
ASSESSMENTS; PROVIDING PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING
FOR THE DISBURSEMENT OF THE ASSESSMENTS AND ANY PENALTIES; AND
PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS.
The Town Attorney read the ordinance by title.
Mr. Dunn stated that the Summary Ordinance was published in the Vail
Trail. Be it noted that Don Buick and Greg Gage stepped down because
of conflict of interest.
The Mayor called for public hearing and asked for comments. There
being no one wishing to be heard, the Mayor closed the public hearing.
Al Connell moved approval of Ordinance No.#83-37 on second reading and
final passage. The motion was seconded by A.J. Wells. Those voting
aye were: A.J. Wells and Al Connell. The vote of the Mayor was aye.
A.J. Wells moved that all rules of the Council which might prevent the
final passage and adoption of the ordinance be suspended. The motion
was seconded by Al Connell.
At that point the Town Attorney stated that there may be a problem of
not having a quorum because the Mayor cannot vote.
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After discussion Al Connell moved to table Ordinance No.#83-37 until
the next regular Council Meeting (November 8, 1983). The motion was
seconded by A.J. Wells and was carried.
The Town Attorney stated that it was his opinion that the previous
votes taken were not valid in as much as there was not a majority to
adopt the ordinance, nor has the ordinance been defeated, and the
motion to table was in order.
First reading of Ordinance No.#83-36, Series of 1983, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 17.24 OF TITLE 17 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING AND
LOADING; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
The Mayor stated that the changes to this ordinance were made as a
result of a joint meeting with the Planning and Zoning Commission and
the Town Council and were agreed upon by all persons in attendance.
(for changes see Ordinance No.#83-36, page 2, second paragraph, page
5, 6-b and 6-d.)
A.J. Wells moved approval of Ordinance No.#83-36, Series of 1983 on
first reading. The motion was seconded by Al Connell. Those
Councilmembers voting aye were: Greg Gage, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. The motion carried.
Next on the agenda was authorization to raise financing for the fourth
bus. Norm Wood stated that the purchase order that was issued for the
bus was contingent upon the Town Council approving proceeding with the
financing of the bus and also requires, in order, guaranteeing
delivery by the 15th of December, that they have a color selection and
other information back to-them by this Friday.
After discussion of the financing, Don Buick moved approval of the
Colorado National five-year leasing program at 9%, and that we make
the change in the budget to take the shortfall out of the ending cash
balance. The motion was seconded by Greg Gage and was unanimously
carried. The Council agreed on the color scheme for the bus. It would
be a white top, dark blue at the base. Don Buick requested to have a
steel plate inserted in the ski racks to prevent mud from splashing
onto the skies.
Resolution No.#83-44, Series of 1983, A RESOLUTION TO ADOPT THE 1984
TOWN OF AVON BUDGET. The Mayor stated that there would be another
public hearing on the budget.
Mr. James stated that the Council has six items remaining in the 1984
budget for which decisions have to be made. A final public hearing
would be scheduled in November or during the first meeting in December
at which time the Council will pass the final resolution for the 1984
budget. Mr. James stated that according to our Charter, the budget
has to be adopted before the millage can be certified to the County
Commissioners. The due date for that is November 1, 1983.
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Al Connell moved approval
seconded by A.J. Wells.
unanimously carried.
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of Resolution No.#83-44. The motion was
There being no discussion the motion was
Resolution No.#83-45, Series of 1983,A RESOLUTION LEVYING GENERAL
PROPERTY TAXES FOR THE YEAR 1983, TO HELP DEFRAY THE COSTS OF
GOVERNMENT FOR THE TOWN OF AVON, COLORADO FOR THE 1984 BUDGET YEAR.
In order to meet all general operating expenses of the Town of Avon
during the 1984 budget year, there will be levied a tax of 13.2 mills
upon each dollar of the total valuation for assessment of all taxable
property within the Town for the year 1983. To meet all bond and
interest payments of the Town of Avon's general obligation bonds
during the 1983 budget year, there will be levied a tax of 2.8 mills
upon each dollar of the total valuation for assessment of all taxable
property within the Town for the year 1983. A total of these two
levies is 16 mills.
Don Buick moved approval of Resolution No.#83-45, Series of 1983.
The motion was seconded by Al Connell. There being no discussion the
motion was unanimously carried.
Resolution No.#83-46, Series of 1983, A RESOLUTION TO AMEND THE 1983
BUDGET.
Mr. James stated that there was one change that has occurred in the
revised budget which was an additional $3,000 to be put into the
contingency account as a contribution for the Marketing Plan Study.
Al Connell moved approval of Resolution No.#83-46, Series of 1983.
The motion was seconded by Don Buick. There being no discussion the
motion was unanimously carried.
Resolution No.#83-47, Series 1983, A RESOLUTION CONCERNED WITH
ADOPTING PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF AVON.
A. J. Wells moved approval of Resolution No.#83-47, Series of 1983,
and to include the changes that were discussed in the afternoon
workshop. The motion was seconded by Al Connell. There being no
discussion the motion was unanimously carried.
The Town Manager stated that the Council had met with the Chamber of
Commerce and Charlie Maas of Vail Associates. The discussion was
how to proceed with the Marketing. The Chamber was to initiate a
meeting so that they could work on a plan.
Councilman Connell stated that at their meeting of October 24th, the
discussion was how the chamber could set-up a Marketing Alliance and
to include to have various entities that would possibly lend some
financial support.
A marketing meeting was scheduled for November 1, 1983, at 5:00 p.m.
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at the Benchmark Plaza Conference Room and all interested parties are
invited.
Resolution No.#83-41, Series of 1983, A RESOLUTION APPROVING THE
PRELIMINARY TOWNHOUSE PLAT FOR LOT 10, BLOCK 5, WILDRIDGE SUBDIVISION.
Mr. Kvach stated that the Plat has been reviewed and generally meets
the requirements of local subdivision regulations and recommend
approval subject to the three minor conditions. (See Resolution
No.#83-41 for the conditions). A.J. Wells moved approval of
Resolution No.#83-41. The motion was seconded by Don Buick and was
unanimously carried.
Resolution No.#83-42, Series of 1983, A RESOLUTION APPROVING A SPECIAL
REVIEW USE FOR OUTSIDE STORAGE ON LOT 17, BLOCK 1, BENCHMARK
SUBDIVISION.
Mr. Kvach stated that this has been reviewed by the Planning
Commission and their recommendation was approval subject to the two
minor conditions. (See Resolution No.#83-42 for the conditions.)
Al Connell moved approval of Resolution No.#83-42. The motion was
seconded by A.J. Wells and was unanimously carried.
Resolution No.#83-43, Series of 1983, A RESOLUTION APPROVING A SPECIAL
REVIEW USE FOR RETAIL SALES AND PERSONAL SERVICE OUTLET IN SPACE 5S,
BUILDING 2B, LOT 16, BLOCK 1, BENCHMARK SUBDIVISION.
Mr. Kvach stated that this space would be used for the sale of fabric
as well as some personal service type sewing. The Planning Commission
has reviewed this Special Review Use (SRU) and felt it was acceptable
and recommended approval. There was a request from the Planning
Commission that the applicant return at a two year period from the
time Council gives approval to determine whether the off-street
parking would be still adequate. A.J. Wells moved approval of
Resolution No.#83-43, Series of 1983. The motion was seconded by Greg
Gage and was unanimously carried.
Change Order No. 2 for the Avon Town Center Mall was discussed.
Norm Wood stated that the request was for installation of a pushbutton
at the existing light key switch in the bus shelter. This will permit
the existing heaters to operate for a preset period of time.
Also, to be provided is a photocell to control lights in the bus
shelter. Thirdly, the change order would permit the construction of a
weatherproof and vandal resistant housing over the fountain electrical
connection and timer control box. These would be an additional
$867.00.
Don Buick moved approval of Change Order No.2 for the Town Center
Mall. The motion was seconded by Al Connell and was unanimously
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carried.
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Resolution No.#83-48, Series of 1983, FINAL ACCEPTANCE OF ROADS IN
BLOCKS 1,2, AND 3 OF WILDRIDGE SUBDIVISION, TOWN OF AVON, COLORADO.
Mr. Wood stated that the roads in Blocks #1,2 and 3 of Wildridge were
accepted for maintenance by the Town of Avon on November 9, 1982
subject to four conditions, 1) that the asphalt widening placed along
Wildridge Road between the first and second switchbacks be covered by
an extended warranty ending July 6, 1984; 2) Beaver Creek Point where
trench settlement has occurred be excluded from acceptance; 3)
Wildridge Road East where shoulder sloughing has occurred be excluded
from acceptance; and 4) additional guardrail be installed at agreed
upon locations during 1983.
Mr. Wood stated that these corrections have been completed. Mr. Wood
recommended that Resolution No.#83-48 be approved, the roads having
successfully completed the one year warranty period.
Don Buick moved approval of Resolution No.#83-48. The motion was
seconded by Greg Gage and was carried with A.J. Wells and Allan
Nottingham abstaining.
Resolution No.#83-49, Series of 1983, ACCEPTANCE OF BEAVER CREEK POINT
AND WILDRIDGE ROAD EAST.
Mr. Wood stated that after reviewing construction procedures, test
results and other data regarding the repairs to Beaver Creek Point and
Wildridge Road East in the areas which were excluded from the
acceptance of roads in Blocks 1,2 and 3 of Wildridge, they found them
satisfactorily repaired and recommended that the Town Council accept
these roads with a warranty period beginning August 24, 1983 and
extending through August 23, 1984.
Greg Gage moved approval of Resolution No.#83-49. The motion was
seconded by Don Buick and was carried with A.J. Wells and Allan
Nottingham abstaining.
Resolution No.#83-50, Series of 1983, ACCEPTANCE OF WEST WILDWOOD ROAD
IN BLOCK 5 OF WILDRIDGE SUBDIVISION.
Mr. Wood stated that after reviewing the construction procedures, test
reports and other data regarding the construction of West Wildwood
Road he recommended the Town Council accept West Wildwood Road from
Station 0+44.93 to Station 34+75.65 subject to the guardrail being
installed at the locations identified in the field and agreed to by Al
Testa. Mr. Wood also recommended that a one-year warranty period for
the road begin September 24, 1983 and extend through September 23,
1984.
Mr. Wood stated that Benchmark representatives felt the installation
of guardrails was not a part of road acceptance but was a condition of
the Subdividers Agreement but this should not be a problem since a
contract had been awarded for guardrail installation.
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Greg Gage moved approval of Resolution No.#83-50, Series of 1983. The
motion was seconded by Don Buick and was carried with A.J. Wells and
Allan Nottingham abstaining.
The Council recessed at 8:45 p.m. and reconvened at 9:00 p.m.
The Town Attorney presented the Council with a case file of Cherry
Hills Farms vs. City of Cherry Hills Village in regards to a Service
Expansion Fee (SEF). SEF is imposed on persons who obtain building
permits for new construction, additions to existing structures.
Schools, churches and governmental institutions are exempted. The SEF
is calculated on a square foot basis.
Mr. Dunn stated that the similarities between the tax imposed by
Cherry Hills and the Town of Avon's transfer tax are very strong. On
the basis of the case, Mr. Dunn felt that any attack on a Real Estate
Transfer Tax would not be successful.
The Claim of Mountain Bell Telephone of a broken cable in the amount
of $550 was discussed. Mountain Bell claiming that the Town was respon-
sible for the breakage. After discussion Don Buick moved to dispense
with the Mountain Bell claim and that the Town not pay for it. The
motion was seconded by Al Connell and was unanimously carried.
The next item was the Paying Agent Agreement between the Town of Avon
and the Bank (Central Bank of Denver) in connection with the Town's
bond issue. The authority to execute the agreement was included in
the issuance of the bonds. Mr. Dunn stated that when the Town closed
on the bonds the bank had come up with an agreement that was not
acceptable, except for the dollar amount which should be changed to
$500,000. No action was taken.
The Town Attorney stated that the Council was presented with a letter
from Dennis Cole to Marcos Suarez and David Cole relating to Lot 56,
Block 2 which establishes a lease from month-to-month, property
adjacent to Avon Center in connection with the pre-school Day Care
Center Program to be operated in space #1107, Avon Center.
Councilman Connell stated that at the last meeting the Council had
instructed Dennis Cole that they needed to see that he had a place for
parking and a playground that was continuous for two years.
It was stated that a building permit has not been issued to date.
Councilman Wells stated that they should absolutely have no permit and
to have them shut down until they comply with the conditions, a lease
on the parking and the playground for the length of their lease in the
building. Mr. Wells stated that the Town Attorney should notify them
right now stating that the Council approved this, subject to them
producing evidence that they have a land lease for the length of their
lease of the building which is two years.
Dave Fales approached the Council. He stated that there has been no
work done at the site. Mr. Fales was under the impression that the
agreement has been met between the parties and that they are merely
waiting to get the legal matters resolved. Councilman Connell stated
that he had informed Dennis Cole that the Council needed to know more
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about the parking facility and the land that they were suppose to use
as a playground and that a month-to-month basis was not sufficient and
it was suggested that Dennis Cole have this information by this
meeting, to which he had agreed to at that time.
Mr. Fales requested that the applicant not have to go through the
notification program, but to give them until the next regular meeting
and that the written document will be finalized and submitted to the
Council.
Greg Gage moved to table this item until the next meeting. The motion
was seconded by Al Connell and was unanimously carried.
Dan Sunday discussed the Christmas decorations for the upcoming
season. He suggested having a large tree for decorating at the
Benchmark Sign coming off of the interstate. Mr. Sunday proposed to
use garland and wreaths on all the street lights as well as the newly
installed traffic signals on Avon Road and also decorate some of the
trees along Avon Road. He proposed to install another large tree as a
centerpiece which would go south of Benchmark Road. The bike paths
would be decorated with garland and large red bows. Also decorated
would be the Mall and Pond area as well as installing another large
tree on the lake. A lighting ceremony was discussed. The date was
undetermined at this time. It was suggested that the flags should be
replaced with new ones. No action was taken.
The Town Manager reported on the bus service. He stated that there is
an administrative meeting scheduled between Rich Caplan, Jim Rubin,
Brad Jones and himself Friday, October 28, 1983 at noon. The meeting
will stem around the funding of the Lift Bus. He stated that his
position was that the Town of Avon does not intend to put in any more
money than Vail does for the funding.
Councilman Connell stated that if Vail does not contribute the same
amount of money they contributed last year, then the Town of Avon
would forget the whole thing. Councilman Buick stated that we were
also going to look at Vail's budget to see whether they budgeted for
1984 or not.
The Town Manager reported on the night bus service. He stated that he
had coversed with Jeff Mikelson and that they had their Avon
Homeowners Association meeting yesterday. Mr. Mikelson stated that
he could give the town documentation of his authority to sign the
Pledge Agreement for night bus service.
To comply with the Revenue Sharing requirements, two public hearings
are necessary, one of these hearings can be administrative hearing
which was scheduled for November 7, 1983, and the second public
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hearing was tentatively
It was recommended that
action was taken.
scheduled for the following Council meeting.
the monies be spent on transportation. No
Norm Wood stated that in regards to the Benchmark Sign that the sign
company has instructed Mr. Wood that they have to revise the sign
construction of what was originally approved. Mr. Wood suggested that
Council take another look at the proposed sign before going ahead.
The Town Manager reported on his attendance at the Vail Symposium and
the ICMA Convention.
A letter from Bob Komives dated October 18, 1983 was discussed. Mr.
Komives recommended that the Comprehensive Planning process pause
until the new planner is hired and is familiar with the project and
then possibly re-negotiate the contract.
The Council agreed.
The Financial Matters were next presented to the Council.
A.J. Wells moved approval of items #1 through #8. The motion was
seconded by Don Buick and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable for
October 25, 1983. The motion was seconded by A.J. Wells and was
unanimously carried.
It was requested, by the Council, that an up-date on the Christie
Lodge timeshare units be given to the Council at the next meeting.
A.J. Wells moved approval of
Fund, Mall Construction Fund
Payable for October 25, 1983.
and was unanimously carried.
A.J. Wells moved approval of
Payable for October 25, 1983.
and was unanimously carried.
the Public Works Fund, Mall Maintenance
and the Capital Projects Fund of Accounts
The motion was seconded by Greg Gage
the Reconciliation sheet of Accounts
The motion was seconded by Don Buick
The minutes of the October 11th meeting was next presented to the
Council. A.J. Wells moved approval of the October 11, 1983 minutes as
stated. The motion was seconded by Greg Gage and was unanimously
carried.
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The Council then proceeded to discuss the improvements of the
Municipal Building. It was determined that a second exit had to be
installed if the upper level of the building is to be used for
occupancy. The Mayor felt that the high public exposure areas should
be left on the main floor of the building. The Council suggested that
the staff go back to the drawing board.
Councilman Gage reported on United Nations Day, which was observed on
Monday, October 24th. It was observed by flying the United Nations
Flag.
There being no further business, Al Connell moved to adjourn. The
motion was seconded by Don Buick. The Mayor adjourned the meeting at
10:20 p.m.
Res
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