TC Minutes 01-27-19810 9
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD JANUARY 27, 1981 - 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 8:00 p.m. A roll call was taken
with all the Councilmembers in attendance with the exception of Shelia Davis who
was absent. Also present were Town Attorney John Dunn as well as members of the
press and public.
First on the agenda was Bruce Wyman, Director of Park and recreation for the Town
of Avon. He approached the Council with his proposal for the park budget for 1981
and the projects he would like to institute.
Mr. Wyman presented to the Council a list of the projects, the athletic field, tennis
courts, volley ball court, bike path, childrens play area and park benches. The
estimates came to a total of $203,000.
He stated besides the lake, he sees the athletic field as the whole center of the
park.
At that point Mr. Charlie Penwell with VA, Director of recreation planning for Beaver
Creek approached the Council and stated to the Council why the athletic field would
be important. He stated 1) that of all the facilities that could be put in the park,
that would be the one facility that would service a wide cross section of the
population in every age group, 2) it would accomodate a wide variety of activities, 3)
it would produce an employee oriented public facility and 4) it would be a very big
ticket item.
Mr. Marty Walker approached the Council. He is a resident of Evergreen, Colorado, a
North American Soccer League Professional Referee. He also stated why he would be in
favor of such a facility.
After discussion Jim Wells moved approval to adopt the budget for the remaining
expenditures on the park for 1981-1982, that they combine the two game courts, a total
of $90,000, $22,000 one he bike paths, $75-,000 on the tennis courts, $25,000 on the
sand play lot area, leave the picnic shelters and facilities at $40,000, the asphalt
and parking at $40,000 and the fishing piers at $8,000 which totals to the amount of
$300,000, this year that they do the game courts, asphalt trails, the four tennis
courts, the sand play lot area and the park benches, seconded by Hugh Price and was
unanimously carried.
It was requested that the Town Clerk research the Design Review Board Minutes so see
if Sunridge did indeed contribute $30,000 toward tennis courts for the park and
recreation for the Town of Avon.
Second reading of Ordinance No.#81-1, Series of 1981, AN ORDINANCE ADOPTING A SIGN CODE
FOR THE TOWN OF AVON; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING A PERMIT
SYSTEM PROVIDING PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
There was some discussion and corrections on this Ordinance. On page 4, change "on" to
"of", change "borker" to "broker", page 5, change "greater" to "less".
It was agreed by the Council to table this Ordinance until it was researched by the
Town Attorney on the legality of the Ordinance.
Steve Erickson moved to table Ordinance No.#81-1, Series of 1981 until the meeting of
February 10, 1981. The motion was seconded by Bill Doyle and was unanimously carried.
•
C
Larry Goad with Wildridge Development Company approached the Council with a summary
of the 1981 Wildridge improvements and the Town's collateral position.
It was noted that A.J. Wells stepped down.
Wildridge Development Company was requesting the release of 32 additional lots in Block#4.
The collateral left with the Town would be 51 lots..,
After discussion Steve Erickson moved approval of Resolution No.#81-1, Series of 1981
as it stands, seconded by Hugh Price and was carried with A.J. Wells and Allan Nottingham
abstaining.
A COPY OF THIS RESOLUTION IS ATTACHED TO THESE MINUTES.
The Mayor reported that the bus service would continue.
The dog control was discussed.
Norman Lamb with the Vail Medical Clinic approached the Council. He was requesting
a contribution from the Town of Avon to help the hospital with their operational deficits.
After discussion Steve Erickson moved approval to donate $10,000 to the Vail Medical
Clinic, seconded by A.J. Wells and was unanimously carried.
Financial matters were next presented to the Council. A.J. Wells moved approval of the
Accounts Payables after adding the $10,000 for the Vail Medical Clinic, seconded by
Hugh Price and was unanimously carried.
The minutes of January 13th meeting was next presented to the Council. Hugh Price
moved approval of the January 13th minutes with these corrections, "Hugh" and on page 2
add "be". The motion was seconded by A.J. Wells and was unanimously carried.
The Draft Ordinance regarding the Uniform Codes was discussed. This Ordinance was
drafted by Tyree and Associates. It was agreed that before any action was taken on
the Ordinance that the Town Attorney study it and maybe modify it somewhat.
George Rosenberg representing the owners of Lot#13, Block#l, Benchmark at Beaver Creek
subdivision approached the Council.
Mr. Rosenberg was advised by Mr. Isom of I-Plan that the Design Review Board had refused
them to proceed any further on the master plan for Lots#ll, 12 and 13, Block#l and had
refused to let them proceed with the matters relating to the restoration of the existing
building on Lot#13. Mr. Rosenberg stated that the reason for him appearing before
-the Council was to get an answer why the Design Review Board would not let them proceed.
John Dunn Town Attorney stated that until the matter of the first phase was resolved
that the Town should not consider the additional phases. Mr. Rosenberg, at that point,
stated that they were distinctly separate matters and he was appealing to the Council
that they override the decision of the Town Attorney.
Councilman Erickson stated that to his knowledge they had only received a contingent
certificate of occupancy(C.O.) some months ago and that those contingencies have-.-.not yet
been completed.
Councilman Doyle suggested that the Council let them go ahead and finish the existing
building, fix the switch back in the driveway and put in the landscaping.
Councilman Erickson suggested that they come back with a time frame to the Design Review
Board and if it was acceptable with them,-let them go ahead with their completion of the
building, if the time frame was not acceptable Lnen continue with the law suit.
The Town Attorney agreed to take no further action with respect to the law suit until he
would be instructed otherwise.
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Councilman Erickson requested to let the minutes show that the Council would like
specific dates on when the contingent C.O. requirements would be met and dates that
would be acceptable to the Town, the Design Review Board and the Town Council and that
no building permits would be granted until these requirements are met.
It was noted that A.J. Wells abstained from this item.
There being no further business, Steve Erickson moved that the Council adjourn and
A.J. Wells seconded the motion. The meeting was adjourned by Mayor Alpi at 11:05 p.m.
Respectfully Submitted:
Town Clerk
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r
Recorded at..* O'clock M................... 0..
Reception No
KNOW ALL MEN BY TiIESE PRESENTS, That, Whereas,
Wildridge Development Company, a partnership
of Avon, Colorado by Deed of Trust
dated the 11th day of October 1979 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Eagle in the
State of Colorado, on the 17th day of October 19 79,
in Book 292 at Page 856 (film No. ,
reception No. 189253 conveyed to the Public Trustee
in said Eagle County, certain property in said
Deed of Trust described in trust to secure to the order of
Town of Avon, Colorado
the payment of the indebtedness mentioned therein.
Recorder.
AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have
been partially satisfied
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Five
Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the
Public Trustee in said Eagle County, do hereby remise, release and quit-clairn unto the
present owner or owners of the property hereinafter described and unto the heirs, successors and
assigns of said owner or owners forever, all the right, title and interest which, I, as such
Public Trustee have in and to that part and portion of the property, set forth and described in the
aforesaid Deed of Trust, described as follows, to wit:
Lots 16, 21, 43, 53, 57, 64, 65, 66, 67, 68, 69, 84, 85, 86, 87 and 88 of
Block 4, Wildridge Subdivision as per the recorded plat thereof as recorded
in Book 303 at Page 466, County of Eagle, State of Colorado
situate, lying and being in the
State of Colorado.
County of Eagle
and
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur-
tenances thereto belonging forever. And further, that, as to the above described property, the said
Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged.
Witness my hand and seal this
STATE OF COLORADO,
County of
day of
As the Public Trustee in said
ss.
The foregoing instrument was acknowledged before me this
,19 ,by
as the Public Trustee in the said
County of , Colorado.
My Co111nllsslon expires
Witness my hand and Official seal.
day of
Notary Public.
To the Public ''rustee in said County of
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust
having been partially paid and satisfied. Town of Avon, State of Colorado
ATTEST:
The gel holder of the indebt lness secured by said Dced of Trust.
Town Clerk
•In counties where book`\ nd page umbers have been abolished.
,19
(SEAL)
County of
No. 927. 1'All'IT RELEASE OF DEED OF TRUST 13Y '1'IIE PUBLIC 'I'RUSTEF,.
11radfurd Publishing Co., 15163 Wcst 44th Avenue. Golden. Colorado 80401 -(303) 278-0644-4-80
s •
RESOLUTION N0. 81-1
SERIES OF 1981
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 twenty-nine
(29) lots from Block 4 per Resolutions Number 10 and 15, Series of 1980, all of
which have been actually released at this time; and
WHEREAS, Wildridge Development Company continues to market certain of the
lots in Block 4; and
WHEREAS, Wildridqe Development Company has requested the Town of Avon to
release an additional thirty-two (32) of said lots in Block 4 as said lots are
sold based on credits for construction costs paid during August, September,
October, November and December, 1980, and
WHEREAS, the Town Council has satisfied itself that the value of the
remaining collateral in Blocks 4 and 5, Wildridge Subdivision, after thirty-two
(32) 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 thirty-two
(32) 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.
t:
EXECUTED this,,~7 klay of January, 1981.
ATTEST:
1l,
Town erk
EXHIBIT A
WILDRIDGE SUBDIVISION
CALCULATION OF COLLATERAL FOR TOWN OF AAN
AS OF JANUARY 1,1981
COLLATERAL NEEDED
Roads, Drainage & Revegetation,
Sewer
Electrical
Engineering, Staking & Platting
Telephone
Estimated
Actual
Estimated
Balance to
Construction
Balance to
Complete
Payments Aug-
Complete
8-01-80
ust thru Dec.
1-01-81
$ 1,429,950
917,566 )
$ 512,384
1,416,424
( 750,277 )
666,147
328,201
( 139,305 )
188,896
263,526
( 191,723 )
91,803
389,776
( 9,282 )
380,494
$ 3,827,877
Balance to be Collateralized
$(1,988,153 )
Average Sales Price for 222 Lots Sold in Blocks 1-4
Approximate Number of Lots Needed by Town (A) (B)
COLLATERAL PRESENTLY HELD AND REQUESTED CHANGE
57 Lots in Block 4 After Previously Authorized Releases
at Average of $61,358
26 Lots in Block 5 at Average of $61,358
TOTAL
Less 32 Additional Lots In Block 4 Requested to be Released
Total to be held by Town (51 X $61,358)
$1,839,724(A)
$ 61,358(8)
;n
$3,497,406
1.595.308
$5,092,714
(1,963,456)
$3,129,258