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TC Minutes 06-11-19850 • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 11, 1985 - 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 7:36 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al Connell, and Don Buick present. A.J. Wells was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works Larry Brooks, as well as members of the press and public. The Mayor called for Citizen Input. Tom Fitch, with Christy Sports, approached the Council. He discussed the issue of sailboarding. Mr. Fitch expressed concern over the way in which the Town of Avon entered into an agreement, with Western Sun Sports, for the concession rights to Nottingham Lake. At this point, Mr. Fitch read and reviewed his memorandum with the Council. Mr. Fitch stated he was asking the Council's consideration to either establish a proper selection process, or allow other area businesses, with properly certified instructors, to give sailboarding lessons at Nottingham Lake. He felt this was more of a moral issue, rather than a question of the legality of the matter. Mr. Jim Comerford, with Western Sun Sports, approached the Council. He stated that this program was actually initiated about a year ago. During the past year, he has contacted the Colorado Department of Health and the Avon Metropolitan District (AMD). He stated that, in order to obtain the AMD's approval, he presented a comprehensive sailboarding program to provide for protection of the Town's and AMD's water supply. The program called for lessons for non-experienced sailboarders, and certification of all sailboarders, to limit body contact with the water. He stated that he attended a number of meetings, that this was all public information, and that anybody could have come forward to join in or help get the program started. He stated that this work was all done on his own time. He stated that alot of research into potential problems resulted in solutions, such as limiting the time for sailboarding to five hours a day and only allowing 10 sailboarders on the lake at any one time, and a number of -1- • • requirements, such as specifications, Nottingham Lake rules and regulations, certification policies, etc. He stated that this program was on an experimental basis, and could be discontinued at any time. Mr. Comerford stated that he felt it was a good program. He also stated there would be no substantial profits for anyone at this point in time. The Mayor stated he felt that this matter should be an administrative decision. Councilman Miller stated that the program had been initiated by the business (Western Sun Sports), not the Town. He stated this idea was in the infant stages - the effects it may have on the lake, such as body contact with the Town's water supply, back flow from the lake, and the space it takes up on such a small body of water, are not known yet. Mr. Miller stated that Christy Sports should acknowledge Mr. Comerford's effort, and allow time to see if the program he has put together will work. If the program is successful, then Christy Sports could possibly assist Mr. Comerford in putting together a program that will convince the Council that it is what the Town wants. Councilman Watkins stated that a number of Councilmembers have been wanting to see wind surfing on the lake for some time. He stated the problem was convincing the AMD Boardmembers, not the Councilmembers. He stated he applauded the Metro District Board members for at least trying the program. He was reluctant to advocate any change right now, and hoped that the program worked out well, this summer, so that next summer the Town could be assured that an expanded program would work. A lengthy discussion followed. Councilman Connell felt this issue was an administrative one. The Mayor stated that the Town Manager should have the final say in the matter. He stated that, after hearing the discussion, he felt that Western Sun Sports had the priority for the program, and that next year would be an entirely different program. The Council agreed. The Mayor stated that any further negotiations with Christy Sports should go through the Town Manager. First reading of Ordinance No. 85-10, Series of 1985, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING REQUIREMENTS. The Town Attorney reviewed changes in the ordinance that reflected action taken at the last meeting. Discussion followed. Clint Watkins moved approval of Ordinance No. 85-10, Series of 1985, on first reading, with the following corrections: Page 2, -2- 0 0 Section 4, change "Sing-Use" to "Single-Use"; Page 3, reverse paragraphs "e" and "d", placing "e" after "d"; Drop the paragraph that reads, "Reductions in the number of required parking spaces for large single-use projects shall not be made in combination with a reduction made on a mixed-use basis." The motion was seconded by Steve Miller. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al Connell, and Don Buick voting "aye". There were no "nay" votes. The motion was unanimously carried. First reading of Ordinance No. 85-12, Series of 1985, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON, AND ZONING CERTAIN PROPERTY. (Lots 26, 27, & 28, Block 1, Benchmark at Beaver Creek) Norm Wood stated this was a request to change the zoning of Lots 26, 27, & 28, Block 1, Benchmark at Beaver Creek, from Industrial Commercial (IC) to Specially Planned Area (SPA). The requested change was to allow a Bed-Breakfast Lodge. He stated the application has been made by the owners of the lots, Vail Building Arts Associates and Colorow at Squaw Creek Partnership. He recommended Council action approving Ordinance No. 85-12, on first reading, with referral to the June 13, 1985, Planning and Zoning Commission meeting for Public Hearing and review. Les Shapiro, representing the applicants, approached the Council. He stated he would amend his petition to allow for either the change to SPA, or to request Special Review Use under the IC zone. Mr. Shapiro reviewed the plans with the Council, stating that a 120 unit Lodge would produce a much lesser traffic impact on Nottingham Road than any other use allowed under the property's current zoning. If they were successful in their application, he stated they would consider other ways to lessen the traffic impact on Nottingham Road, such as a shuttle bus service or contributing to the Town for its bus service. He stated they have an agreement on Development Rights for 120 units. He felt the site was very visible to the public, and felt that tourists would use the facility. Allan Johnson, Vice President for Development with Prime Rate Motels, St. Cloud, Minnesota, approached the Council. He stated they planned a "rooms only motel" concept. Room rates would average approximately $40.00 per night. He stated that the site was quite viable. Room size would be approximately 250 square feet. Their facilities have sauna/jacuzzi facilities available, as well as a central living room area (meeting room) with a fireplace. Terrill Knight stated they would prefer to take the SPA Zone approach, this seemed to be most appropriate for that area. He -3- 0 • stated they could tailor-make this with the SPA Zone that would satisfy all the requirements. He stated this request would require a Planning and Zoning Commission public hearing, which was scheduled to occur on Thursday, June 13th. Referencing the memo from Norm Wood to Bill James, the Mayor stated that this procedure was consistent with past procedures. He felt that issues such as this should, in the future, go before the Planning and Zoning Commission for public hearing, before they come before Council, so that Council would have some feel as to the public input on these issues. The Town Attorney stated that the procedure being followed was consistent with the Town's past procedures. He felt that the procedure of adopting ordinances on first reading, and then referring them to the Planning and Zoning Commission, has crept in during the recent annexation cases. He stated he would discourage the Council from adopting this as a routine procedure. He felt that, in all actuality, requests for re-zoning should not be on the Council agenda until the Planning and Zoning Commission has had the opportunity to conduct the public hearing that is required by the Code. He felt there would be at least some indication of support for the proposal, if Council adopted the ordinance on first reading. He stated that the procedure of adoption on first reading, before P & Z public hearings, would be appropriate if an ordinance was originated by the Council, and may be appropriate if Council adopted an ordinance in the context of an annexation by reason of a re-zoning requirement or a requirement for a certain zoning or a certain period of time after the annexation. Mr. Dunn recommended, in this particular case, that the ordinance be tabled pending submission to the Planning and Zoning Commission, and recommended that staff be instructed not to bring these items before Council until recommendation by the Planning and Zoning Commission. The only exception would be cases of Council-originated re-zoning, or zoning in connection with annexation. The Mayor stated he felt it was the consensus of the Council that the applicant should request a Special Review Use under the IC zone, instead of a change from IC to SPA. Councilwoman Davis stated she was not comfortable with that, and she would like to see the property re-zoned. She stated that she feared a lot of this type of development going up Metcalf Road, and she felt approval would be taken for granted. Councilman Watkins stated that he would like to have the developer request the Special Review Use. He stated that every lot would not be suitable for a motel but, based on the Town's past experiences, maybe there would be some other projects the Council might want to allow in that Zone District. -4- .w Mr Don Buick moved to table Ordinance No. 85-12, Series of 1985, and to direct the staff to revise its procedures pursuant to the recommendations outlined by the Attorney; only cases of Council-originated re-zoning or zoning in connection with annexation would be brought before Council prior to recommendation by the P & Z. The motion was seconded by Steve Miller. After lengthy discussion, the Mayor stated that staff should return to Council with a recommendation. He stated that there was a motion on the floor to table the ordinance and refer it to the June 13th Planning and Zoning Commission meeting for public hearing, it would then be placed on the Council agenda for the June 25th meeting. The motion to table Ordinance No. 85-12, Series of 1985, was unanimously carried. First reading of Ordinance No. 85-13, Series of 1985, AN ORDINANCE AMENDING ORDINANCE NO. 84-9 TO CAUSE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON AS IT PERTAINS TO WILDRIDGE SUBDIVISION, A SPECIALLY PLANNED AREA. Norm Wood stated that this ordinance was similar to Ordinance No. 85-12. He stated it was scheduled for public hearing at the June 13, 1985, Planning and Zoning Commission meeting. He stated that the specific request for Lot 56, Block 2, Wildridge Subdivision, was a SPA Plan amendment, which was accomplished through zoning changes. Current Development Rights on that particular lot are established as two Duplexes. Mr. Wood stated that the applicant was requesting approval to amend the SPA plan for this lot from two duplex residential structures, which can not be fractionalized,.to four residential units, which could be fractionalized. Mr. Wood stated that this would be accomplished through adoption of this proposed ordinance. The Town Attorney stated that he would make the same recommendation in this case as he did for Ordinance No. 85-12, outlined above. Don Buick moved to table Ordinance No. 85-13, Series of 1985, and to direct the staff to revise its procedures pursuant to the Attorney's recommendations, as outlined above; only cases of Council-originated re-zoning or zoning in connection with annexation should be brought to Council before the P & Z. The motion was seconded by Al Connell. Mark Donaldson, the applicant, stated that he had no problem with the recommendation. There being no further discussion, the Mayor called for a vote. The motion to table Ordinance No. 85-13, Series of 1985, was unanimously carried. -5- 0 First reading of Ordinance No. 85-14, Series of 1985, AN ORDINANCE RESTATING SECTION 13 REGULATING CHANGE OF CABLE SERVICE SUBSCRIBER RATES AND CHARGES SET FORTH IN ORDINANCE NO. 83-33, SERIES OF 1983, OF THE TOWN OF AVON, COLORADO, ADOPTED ON AUGUST 23, 1983. Be it noted that Sheila Davis stepped down due to conflict of interest. The Town Attorney stated that the ordinance was prepared by Heritage's legal staff. He stated he had reviewed the document, and it appeared to comply with changes in Federal law, and with Council's request that the Franchise Ordinance be amended to comply with Federal law changes. Mr. Gene Larson, with Heritage Cablevision, stated that he would submit a current rate schedule, to the Town Clerk and Town Manager, to avoid confusion over the rates being charged. Al Connell moved approval of Ordinance No. 85-14, Series of 1985, on first reading. The motion was seconded by Don Buick. Those Councilmembers voting "aye" were: Clint Watkins, Steve Miller, Al Connell, and Don Buick. There were no "nay" votes. The motion carried, with Sheila Davis abstaining. Resolution No. 85-19, Series of 1985, A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW RETAIL SALES AND PERSONAL SERVICES IN THE WOLFF WAREHOUSE ON LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK. Norm Wood stated that the Blue Steel Gun Shop has requested a Special Review Use to allow retail sales and personal services within the Wolff Warehouse. He stated the proposed location was in the Industrial Commercial (IC) Zone District, and that these types of requests were allowed under the Special Review Use procedures. _ The Planning and Zoning Commission held a public hearing, and they have recommended approval of the Special Review Use, subject to the following three conditions: 1. Submittal of a document, by the owner of the property, and approval by the Town Attorney, agreeing to restrict uses within the project to those which do not exceed parking requirements for the currently available 15 parking spaces, or additional parking spaces as provided for in accordance with Chapter 17.24 of the Avon Municipal Code; 2. All changes in occupancy or use within the project shall be reviewed and approved, by the Planning and Zoning Commission, for compliance with parking requirements; 3. Parking for the Blue Steel Gun Shop, Inc., shall be calculated at the rate of 3.0 spaces per 1,000 square feet, for a parking requirement of 8 spaces for the proposed retail sales, gun repair, and archery court. -6- With regard to the parking spaces on site, Mr. Wood stated he had conducted a field check that afternoon, and had come up with a maximum of 17 parking spaces instead of the indicated 15. He stated there is vacant office space at that location and, if the office space is to remain vacant, it would bring the parking requirements to bare minimum for the entire project. Mr. Jerry Galle, owner of the Blue Steel Gun Shop, Inc., approached the Council. He stated his concern over the parking situation was real. He felt that the majority of the day-time traffic would be between the hours of 9:00 a.m. and 4:30 p.m. He stated that the majority of traffic for the archery court, which was for the sale of archery equipment and archery practice, would be after 4:30 p.m. Mr. Galle would be giving classes on reloading and safety procedures, most of which would be held evenings. He stated he was working under a time restriction, and would appreciate Council looking favorably at this request. He hoped Council would give him an answer at this meeting, so that he would not lose his loan. The Council discussed contingency situations with regard to the parking requirements. It was agreed that the burden of complying with parking requirements should be placed on the owner of the property, rather than the applicant. Mr. Wolff agreed that a letter showing compliance with parking requirements would be forthcoming. Don Buick moved approval of Resolution No. 85-19, Series of 1985. The motion was seconded by Sheila Davis, and was unanimously carried. Resolution No. 85-20, Series of 1985, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR A TIME SHARING PROJECT, LODGE AT AVON, BENCHMARK AT BEAVER CREEK, FORMERLY LOTS 57-60, BLOCK 2, BENCHMARK AT BEAVER CREEK. Norm Wood stated that the Lodge at Avon Associates has requested a Special Review Use, for time sharing, for the Lodge at Avon. The Planning and Zoning Commission held a public hearing, and has recommended approval, subject to the following: 1. Reapproval of the project design, after review for compatibility as a time share project and the incorporation of modifications to the design, as required by the Commission; 2. Approval of a revised Preliminary Plat and related documents, as required for a time share project. Councilman Buick asked if the request would expire after a certain amount of time. He stated he would direct the staff to consider putting an expiration date in the documents in the future. -7- Bill Pierce was requesting that Council permit time sharing at the Lodge at Avon and complete this portion of the approval process. As they would soon be approaching Phase II of the project, he asked if Council would consider time sharing in Phase II, as well. He wanted to know what kind of uses Council would allow, so that the developer could start creating for the future. Council discussed the starting of the project. It was agreed to give the applicant 18 months to start the project and get Phase I underway. Don Buick moved approval of provided that this approval a building permit for the time. The motion was seconded carried. Resolution No. 85-20, would expire 18 months project has not been by Al Connell, and Series of 1985, from tonight if issued at that was unanimously Resolution No. 85-21, Series of 1985, A RESOLUTION TO ESTABLISH A MONEY PURCHASE RETIREMENT PLAN FOR THE POLICE DEPARTMENT. The Town Manager stated that the purpose of the Resolution was to join the ICMA Retirement Plan. He stated that Joe Olson had reviewed the plan, and that, basically, the plan was approved by the State. Steve Miller moved approval of Resolution No. 85-21, Series of 1985. The motion was seconded by Don Buick, and was unanimously carried. The preliminary plans and the Final Plat for Wynfield Subdivision were next presented to the Council. This was a resubdivision of Lots 29, 30, 31, & 32, Block 2, Benchmark at Beaver Creek, and the documents were submitted for review and approval. Mr. Wood recommended the following Council action: 1. Review of the preliminary plans and Final Plat; 2. Referral of the preliminary plans and Final Plat to the June 13, 1985, Planning and Zoning Commission meeting for review and comment; 3. Schedule the required public hearing on the preliminary plans for the next regular Council meeting, June 25, 1985. (Notice of Public Hearing must be mailed to the Subdivider, and to owners of property within 300 feet of the subdivision, at least 5 days prior to the hearing date.) Council discussed and reviewed the preliminary plans and Final Plat. Councilman Connell was concerned about how this would affect the RoadCal law suit. -8- 0 0 Councilman Buick felt that Council needed to get the litigants' positions in writing. Councilman Connell stated he felt that the RoadCal Group's interests were in dollars and cents. He felt that if the approval were held up, it would be one way of getting RoadCal to come forth and show the Council what their intentions were. The Town Manager stated that, if approval was granted, it would mean a project possibly going up on those lots. The Town Attorney recommended that Council refer the preliminary plans and Final Plat to the Planning and Zoning Commission. He stated that he would write a letter to RoadCal's attorney, advising him that a project has been submitted for lots 29, 30, 31, & 32, and asking him if Council should treat this as an offer for resolvement of the dispute. Don Buick moved to receive the preliminary plans and Final Plat for the Wynfield Subdivision, to refer the preliminary plans and Final Plat to the June 13, 1985, regular Planning and Zoning Commission meeting, and to direct the Town Attorney to send a letter to the Counsel of Record for the property owners informing them that Council was perplexed at their request but, in the spirit of cooperation, Council has gone ahead and referred the matter to the Planning and Zoning Commission. The letter should also say that Council would not address the matter further until a response is received. The motion was seconded by Steve Miller, and was unanimously carried. In regard to the law suit filed against International Surplus Lines Insurance Company, the Town Attorney stated he had received a call from the company last week. They were taking the position that they had nothing in their files regarding any outstanding bills. Mr. Dunn stated he would be resubmitting everything, and he hoped he would have some indication of the position they would be taking by the next Council meeting. Mr. Dunn notified Council that he may possibly be absent from the next Council meeting, due to a trial scheduled for that date. He would see to it that the meeting was covered. With regard to the McAdams/Wilson suit, Mr. Dunn stated that a motion for Summary Judgement had been filed some time ago, based on the theory that a two week trial had been conducted before the Personnel Merit Commission, which barred any claims in Court. In order to carry through with the argument, Mr. Dunn had ordered a transcript of the hearings that were held before the Personnel -9- Merit Commission. Mr. Dunn stated the matter was in limbo, at this point. With regard to the Blodgett litigation, Mr. Dunn stated that the depositions were held two weeks ago, and they seemed to go well. He stated there is a pre-trial scheduled in October. Mr. James reported on Development Plan Districts III and VI. Based upon Council discussion of the IC Zone, he recommended District VI be referred back to the P & Z for work session discussion. District III, also. Mr. Watkins suggested that references to "Commercial" be deleted from District III, because it was mainly residential, not commercial. Clint Watkins moved to table Districts III & VI until the next regular meeting. The motion was seconded by Steve Miller, and was unanimously carried. -10- Regarding fireplaces in time share projects, Mr. James suggested that staff draft an ordinance allowing 1 to 1-1/2 or 2 fireplaces for every Development Right, and 1 fireplace per Development Right, if fractionalized. After discussion, Council directed the Town Manager to draft an ordinance allowing 1 fireplace per Development Right, if fractionalized. This would be placed on the agenda for the meeting of June 25, 1985. The Town Manager reported on Street and Road Improvements. He stated there were two priorities for this year. One being an overlay for Benchmark Road, the second being an overlay for Beaver Creek Place. It was stated that, if the overlays were done this year, the roads should be good for five years. After discussion, Sheila Davis moved approval of a budget increase, in the amount of $8,176.75, for road repair. The total appropriation for Street and Road Repair, including the Street Striping estimate, would be $95,176.75. The motion was seconded by Clint Watkins, and was unanimously carried. The next item on the agenda was the second amendment to the Mall Agreement. Mr. James stated that the Mall Agreement needed amending for maintenance of the Mall area. He stated the present agreement was based on 5 mills, maximum, collected from each of the participants, for maintaining the Mall. Mr. James stated that the 5 mill limitation was not working, and the Mall Operating Fund was coming up short. He stated that the Mall Committee has reviewed the amendment, which was based on the budget they had approved, and have made recommendation to the Town Council based upon that budget. They have decided they will split up the Mall Maintenance budget in the same way that they are currently splitting up the percentage. Preliminary approvals have been received from Avon Center and Peregrine, but the rest of the Mall Committee have not been in attendance at the Mall meetings. Their approvals would have to be pursued. Mr. James stated that the amendment cleans up the administrative process. After discussion, Sheila Davis moved approval of the Second Amendment to the Mall Agreement. The motion was seconded by Steve Miller, and was unanimously carried. (See attached memorandum, dated May 14, 1985.) The Town Manager reported on the Avon Center bus driveway repair. On May 30, 1985, bids were opened for the repair work. The low bidder was Nottingham Sand and Gravel, in the amount of $15,776.25. The low bid and the plans were presented to the Mall - 11- Committee, who approved the project, as presented, with a 10% contingency allowance to cover possible changes during construction. The Committee also voted, unanimously, to take the funds for the work from the Mall Construction fund. Total funds approved were in the amount of $17,353.00. Al Connell moved approval of the expenditure, from the Mall Construction Fund, for reconstruction of the bus turn-around in an amount of $17,353. The motion was seconded by Clint Watkins, and was unanimously carried. The Town Manager reported on the PPL Development Corporation project. He stated there had been a meeting with Bond Counsel. He stated that Bond Counsel would not come up with the appropriate doucments for the issuance of IDB's for PPL until they receive a letter of credit, in the amount of $9,000,000, from the lending institution. He stated that elapsed time, from the time they receive the letter to the completion of the issuance of the bonds, would be between 60 and 90 days. The Town Manager reported on the stated the item had been discus The Mayor suggested that Norm structure (underpass, one way, Council directed the Town Manager Crossing issue. Separated Grade Crossing. He sed earlier, at the work session. Wood look into the concrete with lights). After discussion, to pursue the Separated Grade The Town Manager discussed a problem with Beaver Creek West Condominium's bus stop. Ridership was up substantially last year, but there were only two places at which tourists could board the buses, Benchmark Road and Beaver Creek Blvd. He stated there were concerns about the safety aspects, and staff was in the pro- cess of contacting property owners of Falcon Pointe, Beaver Creek West Condos, and the vacant lot, to see if they would be interested in putting in a bus stop on the road running between these properties. He stated that Norm Wood had estimated it would take between $10,000 and $15,000 to upgrade the road. Mr. James stated he would prefer to have the owners dedicate the road to the Town, so that the Town could maintain the road for the buses. Mr. James stated he wanted to bring the issue before Council to see if they were interested in the idea. At this point, staff reviewed the map with Council. Discussion followed. -12- 0 • Norm Wood stated he would also prefer to see the road dedicated to the Town. He stated that the property owners would have to bring the road up to Town standards before the Town would take it over. An alternative to the bus stop was brought up. There is still some easement property (approx. 25 feet), at the intersection of Beaver Creek Blvd. and that road, on the south side of the road, that buses could use to pull off on, within walking distance for the the public, instead of bringing that road up to standards. Mr. James stated he was concerned about the safety factor. Staff was directed to pursue the matter. The Mayor reported on the Eagle County Emergency Operations Center. He stated that Eagle County would be conducting an exercise, on the Whiskey Creek slide area, and they were requesting that a Councilmember be in attendance. The exercise was scheduled for June 14, 1985, at 7:30 a.m. Don Buick moved to appoint Clint Watkins, Al Connell, and Sheila Davis to represent the Council at the exercise. The motion was seconded by Steve Miller and was carried, with Clint Watkins, Al Connell, and Sheila Davis abstaining. The Financial Matters were next presented to the Council. Steve Miller moved to receive items #1 through #9. The motion was seconded by Don Buick. Discussion followed, in regard to the Lift Fund. Councilman Watkins suggested that the Fund be split between the entities involved. The Town Manager stated he had contacted the other entities, and they informed him they wanted to leave it in the Fund. The motion to receive items #1 through #9 was unanimously carried. Steve Miller moved approval of the General Fund Accounts Payable for June 11, 1985. The motion was seconded by Don Buick, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable for June 11, 1985. The motion was seconded by Steve Miller, and was unanimously carried. The Town Manager discussed the bill from Davis, Graham and Stubbs. He felt that some amount of money should be paid to the firm. -13- 0 0 The bill from the firm, which the Town of Avon and Benchmark Companies were to split, was in regard to the RoadCal litigation. The total amount of the bill was $22,049.74, 2/3's of which being the Town's portion. The Mayor felt that a portion of the bill should be paid. Councilman Buick felt that $5,000 should possibly be paid to the firm. Councilman Watkins felt it was Benchmark's bill. He felt that the Town did not agree to hire the firm, and felt that the issue of splitting the bill with Benchmark was never really settled. Some of the Council agreed that some of the bill should be paid at this time, part from Benchmark and part from the Town. After discussion, Council agreed to delay action until the next meeting. The minutes of the May 28, 1985, Council meeting were next presented to the Council. Al Connell moved approval of the May 28th Council meeting minutes. The motion was seconded by Sheila Davis, and was unanimously carried. Lyle Carmony, resident of Avon, approached the Council. He complained that dogs were not being picked up, they were again running loose. He also stated that weeds were not being cut in the area along the west part of his complex on West Beaver Creek Blvd. After discussion, Council directed Norm Wood to have the weeds mowed along that area. Mr. James stated he would look into the dog problem. There being no further business to come before the Council, Steve Miller moved to adjourn. The motion was seconded by Clint Watkins. The meeting was adjourned by Mayor Nottingham at 11:25 p.m. Res.poctfully Su~itte~, ~ (L4 aA atricia J. D Jle, Town C r -14- r 0 Approved: d- -15- TO: Bill James FROM: DeWanda Drankiewicz, Finance Officer DATE: May 14, 1985 RE: MALL MAINTENANCE 0 The Mall Agreement, dated April 16, 1981, outlines in part the way in which the Town of Avon may charge Mall property owners for maintenance provided by the Town. When originally conceived, it was thought that the properties would soon be developed and this maintenance would be a temporary rather than long term maintenance. However, this has not been the case due to unfinished construction and/or empty lots. The Mall Agreement, Section 9 (c) states: Without the prior written consent of all Property Owners, (i) no Property Owner shall be required to contribute to the Mall Operating Fund in any year more than $5.00 per $1,000 assessed valuation of such Owner's property, and (ii) the Mall Operating Fund in any year shall not exceed $5.00 per $1,000 total assessed valuation of all of the Property described on Exhibit A. Unfortunately, as presently written, the Agreement prevents the Town of Avon from collecting the costs in maintaining the Mall due to the following circumstances: -all property owners do not attend the scheduled Mall meetings -assessed valuations are lower than expected because of undeveloped property -the approved Mall Budget for such maintenance has not been considered as a necessary factor The effect of using assessed valuations as stated in the Mall Agreement for 1984 Mall Maintenance would be as follows: ASSESSED % OF ASSESS.VAL. ACTUAL COST OF PROPERTY VALUATION CONTRIBUTION BILLING MAX. MAINTENANCE DIFFERENCE Avon Center $855,400 37.65% $4,277.00 $5,518.79 ($1,241.79) H.A.L. 36,450 12.15% 182.25 1,780.96 ( 1,598.71) Peregrine 109,830 21.97% 549.15 3,220.39 ( 2,671.24) Timberline 29,110 3.23% 145.55 473.46 ( 327.91) Maintenance costs uncollectable: 5,839.65 Therefore, there is a need for changing or amending the Mall Agreement before the 1985 maintenance billings are compiled in the following areas of concern: -deletion of any reference to assessed valuation of property -majority vote for approval of Mall Budget also approves any maintenance 9 0 -proper remittance dates for payment by property owners -appropriate penalties and interest for late payments Please advise the action that you would like to have taken on this matter.