TC Minutes 08-12-1980L
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MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD AUGUST 12, 1980 - 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado
was held in the Town Offices, second floor, Benchmark Shopping Center, Avon.
The meeting was called to order by Mayor Alpi at 7:45 p.m. A roll call was taken
with all Councilmembers in attendance. Also present were Town Attorney John Dunn
as well as members of the press and public.
The minutes of the July 22, 1980 meeting were presented to the Council. Jim Wells
moved approval of the July 22, minutes, seconded by Steve Erickson and was unanimously
carried.
Accounts Payables were next presented to the Council. After discussion Jim Wells moved
approval of the Accounts Payables subject to holding the invoice for Top Drawer, check on
the reimbursement to Al Alpi, to check on the payment of Turf & Trail, and to check on the
amount of stain used on the pump house, also to check the balance on the 1980A Capital
Project Fund, seconded by Bill Doyle and was unanimously carried.
Councilman Jim Wells requested the Town Clerk to show the code of each Park and Recreation
invoice.
Mayor Alpi reported that last year, 1979, for the full year, the total amount of collections
from the building department was $56,474.00, and up to August of this year have reached
the figure of $53,356.12 and a total of 1,059 living units to date in the Town,of Avon.
Second reading of Ordinance No.#80-19, Series of 1980, AN ORDINANCE AMENDING ORDINANCE
NO. 17, SERIES OF 1979, TO DEFINE THE OFFENSES OF "FOREIGN MATTER ON HIGHWAY" AND
"SPILLING LOADS ON HIGHWAYS"; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
After discussion Steve Erickson moved approval of Ordinance No.#80-19, Series of 1980 on
second reading, seconded by Hugh Price. A roll call was taken with all the Councilmembers
voting yes.
First reading of Ordinance No.#80-21, Series of 1980, AN ORDINANCE CONCERNING REVENUE AND
IMPOSING A USE TAX UPON BUILDING MATERIALS AND SUPPLIES USED IN THE TOWN OF AVON; ESTABLISHING
THE AMOUNT OF SUCH; PROVIDING PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS IN
RELATION THERETO.
There was discussion and a couple changes to this Ordinance. On page two, the second sentence
is to read, "If the total cost of construction exceeds two million dollars($2,000,000.00),
fifty per cent(50%) of the total tax shall be due at the time that the buildings permit
is issued, and fifty per cent(50%) of the tax shall be due upon the issuance of certificate
of occupancy. In section "c" insert "building materials."
After discussion Steve Erickson moved to table Ordinance No.#80-21, Series of 1980 until
the next regular meeting at which time the Council would invite the input by both the
building Administrator and builders and developers within the Town of Avon, seconded by
Hugh Price and was unanimously carried.
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Jon Eberle, Transportation Director for the Town of Vail, approached the Council.
Mr. Eberle reported that the bus service of the five runs a day has been a success.
74% of the 18,872 passengers was originated in the Eagle-Vail, Avon area. Mr. Eberle
reported that the service will cost the Town more than the $8,000 that was contributed
last year. Next year it will cost $217,500.00 to maintain the level of service. Mr.
Eberle stated that the fares could reach 75C. He reported that $66,000 will have to
be raised from the Towns using the service.
After discussion the Mayor invited Mr. Eberle to meet with the Council in two weeks
at their workshop. The Mayor thanked Mr. Eberle for his report.
The Mayor stated that there would be a Special Meeting Tuesday August 19, 1980 at 3:00 p.m.
Larry Goad approached the Council. It was noted that Jim Wells stepped down.
Mr. Goad presented the Council with Resolution No.#15, requesting that 19 additional
lots be released in Wildridge, Block #4. After the release of the 19 lots the Town still
would hold collateral of $4,975,767.00.
After discussion Hugh Price moved approval of Resolution No.#15, Series of 1980 as offered,
seconded by Steve Erickson and was carried with Allan Nottingham and Jim Wells abstaining.
(A COPY OF THIS RESOLUTION IS ATTACHED TO THESE MINUTES.)
The Mayor reported that he had received a copy of a letter of July 25, 1980 that the
Town Attorney had sent to URS requesting Exhibit A & B relating to the Agreement that
was drafted for the Avon Mall.
Town Attorney John Dunn stated that he had talked with Mr. Hussey and that Mr. Hussey was
working on the Exhibit. There was some difficulty with the privately owned property that
will be included on the Mall area.
The signing of the Agreement between the Town and the Property Owners of the Mall area
was discussed.
The Town Attorney reported that the final draft of the Agreement should be ready by next
meeting.
The invoice of URS was discussed. There is a balance of $26,869.00.
The applications of the applicants for the vacant seat on the Council were next
presented to the Council.
Shelia Davis, by close vote, was appointed as the new Councilmember.
The Council, also by close vote, appointed Steve Erickson as Mayor Pro-tem.
The other applicants were Bill Abrahams, Gary:sMiller, Barbara McBurney, Robert Wheeler,
and Ken Sortland.
The Mayor reported as the result of the incident of the suicide attempt that took place
in the Town of Avon, the chief of Police Dave Martinez and the Mayor sent letters
of commendation to every officer that was involved, the Vail Police, Fire Department,
Eagle County Sheriff's Department and the Town's officers.
The Mayor also read a letter from A.J. Johnson commendating the Avon Police Department
for their professional handling of the suicide attempt.
John Dunn Town Attorney reported that he will be appearing in the District Court two
weeks from this meeting (26th of August) at 3:00 p.m. on the hearing on a motion for
preliminary injunction pending on Dave Peterson.
The Mayor reported that the Aspen Community Institute of Inner-action are having a two
day conference on the Division of the Roaring Fork Valley September 5, 1980 and the
cost is $80.00
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There being no further business, Steve Erickson moved that the Council adjourn and
Jim Wells seconded the motion. The meeting was adjourned by Mayor Alpi at 10:25 p.m.
Respectfully submitted:
y
Town Clerk
RESOLUTION NO. 15
SERIES OF 1980
WHEREAS, the Town of Avon has executed a Subdivision Improvements
Agreement dated July 10, 1979, with Wildridge Development Company which
agreement provides for the Town of Avon to hold certain unsold parcels of land
as collateral pending the completion of the installation of certain utilities
and roads; and
WHEREAS, Wildridge Development Company has previously given to the Town of
Avon a deed of trust on all of Block 4 in Wildridge Subdivision; and
WHEREAS, Wildridge Development. Company has previously given the Town of
Avon a deed of trust on all of Block 5, Wildridge Subdivision; and
WHEREAS, Wildridge Development Company, pursuant to Paragraph 2(d) of said
Subdivision Improvements Agreement, has provided to the Town of Avon an
up-to-date accounting of the costs of the required improvements, the costs of
construction already completed and the estimated remaining costs of said
improvements, as well as an up-to-date calculation of the amount of collateral
required and needed by the Town of Avon, all as set forth on Exhibit A attached
hereto and incorporated herein; and
WHEREAS, the Town of Avon has previously agreed to release ten (10) lots
from Block 4 per Resolution Number 10, Series of 1980 of which eight (8) lots
have been actually released; and
WHEREAS, Wildridge Development Company continues to market certain of the
lots in Block 4; and
WHEREAS, Wildridge Development Company has requested the Town of Avon to
release an additional nineteen (19) lots based on credits for construction
costs paid during May, June and July, 1980; and
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WHEREAS, the Town Council has satisfied itself that the value of the
remaining collateral in Blocks 4 and 5, Wildridge Subdivision, after nineteen
(19) additional lots in Block 4 are released by the Town of Avon, is sufficient
to satisfy the purposes for which said collateral is being held.
NOW, THEREFORE, be it hereby resolved by the Town Council of the Town of
Avon, Colorado:
The Subdivision Improvements Agreement referred to above shall be amended
to show as collateral Blocks 4 and 5, Wildridge Subdivision, less nineteen (19)
additional lots in Block 4 which will be released by the Town of Avon as sales
of said lots are made by Wildridge Development Company, or such other
collateral as the Town and Wildridge Development Company may mutually agree
upon from time to time.
EXECUTED this /.?-'day of August, 1980.
ATTEST:
..C
To Clerk
r
Mayo
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