Loading...
TC Minutes 07-28-19810 6 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD JULY 28, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Municipal Building in the Council Chambers. The meeting was called to order by Mayor Alpi at 7:40 p.m. A roll was taken with all the Councilmembers in attendance. Also present were Town Attorney John Dunn as well as members of the press and public. First on the agenda was Jim Mortar representing the Myers Ranch. They were requesting annexation into the Town of Avon. The location of the parcel is immediately west of Sunridge. The site contains approximately 9 acres including the Eagle River. There will be 140 condominium units ranging from 1 bedroom to 3 bedrooms. The vast majority would be 2 bedrooms. There will be tennis courts, racket ball court, pool etc.... The building will be any where from 1 to 7 stories in height in a graduated form. There will be parking for 333 cars, 210 of which will be totally out of site, that leaves 123 cars on site. Mr. Mortar stated it probably would be developed under the RHDC zoning. It was stated they would maintain their streets and provide their own security. The access was discussed. The price range for the units would be approximately $200.00 to $250.00 per square foot. The Town Attorney stated that the Ordinance was prepared for first reading for the Annexation. Mr.Mortar stated that they would apply later for zoning. He stated that this would be one parcel and one lot. They submitted 4 copies of the plat and petition with the Town. After some discussion A.J. Wells stated that if the Council were to pass the Ordinance on first reading let it be understood that they provide, before second reading, an agreement with Avon Metro Water District and that the Engineer check the Annexation map. Sheila Davis moved approval of Ordinance No.#81-25, Series of 1981 on first reading. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. It was stated that Avon Metro Water District would set up a Special Meeting to discuss the agreement between the Water District and the owners of the project. Lyle Carmony approached the Council. He stated he would like to address to subjects, one being the safety and security of West Beaver Creek Boulevard. The area in concern is boarding Lot#3, Block#2. He suggested that a railing be installed on the east side of the Boulevard. He stated that there have been accidents at that point, that the cars have slid off the road and into the said above property. The Mayor stated that they had the railing installed on the west side of the Boulevard and it was reviewed by the State Highway Department and they did not suggest any railing on the east side. Chief Martinez stated that there have been several accidents at that point and would check with the Public Works Director to see if they could solve that problem. The second subject was a drainage problem in the same area. After discussion it was suggested that they check to see if there was a culvert. Mr. Carmony stated he had talked to the Town Engineer on the matter. The Mayor stated that they would check into both concerns. The Mayor thanked Mr. Carmony for coming. Next on the agenda was a letter of Engagement from Sherman & Howard. It sets forth fees anticipated with respect to the Special Assessment District to be established for construction of Mall Improvements. The Town Attorney stated that a motion should be made to authorize the Mayor to execute the Engagement letter tendered by Sherman & Howard Bond Counsel. Steve Erickson so moved, seconded by A.J. Wells and was unanimously carried. Don Buick requested that the Advisory Committee receive a copy of the executed letter. -1- 0 r Second reading of Ordinance No.#81-24, Series of 1981; AN ORDINANCE CONCERNING MUNICIPAL SPECIAL OR LOCAL IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO THEIR ACQUISITION AND TO THE CREATION OF DISTRICTS, SPECIAL ASSESSMENTS, LOANS, AND SECURITIES APPERTAINING THERETO; VALIDATING, RATIFYING, APPROVING, AND CONFORMING ACTIONS PREVIOUSLY TAKEN; AND REPEALING COUNCIL ACTION INCONSISTENT HEREWITH. The Town Attorney stated that the Ordinance was approved on first reading July 21, a Special Meeting. The Town Attorney then stated that the first matter before Council would be a motion that Ordinance No.#81-24, Series of 1981 be presented for second reading and final passage. Sheila Davis so moved, seconded by Bill Doyle. It was unanimously carried. Steve Erickson moved approval of Ordinance No.#81-24, Series of 1981 on second reading. The motion was seconded by Sheila Davis. A roll call was taken with all the Councilmembers voting yes. Next on the agenda were the two(2)Resolutions, #81-9 and #81-10, Series of 1981. Councilman Erickson introduced Resolution No.#81-9, Series of 1981 and was read by title. A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT INTITIAL RESOLUTION"; DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE MALL AND PARK IMPROVEMENTS TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED; DIRECTING DENTON,HARPER,MARSHALL AND ASSICIATES, INC., TO PREPARE AND PRESENT TO THE COUNCIL PRELIMINARY PLANS AND SPECIFICATIONS FOR SUCH MALL AND PARK IMPROVEMENTS, A PRELIMINARY ESTIMATE OF COST, AND ASSESSMENT PLAT AND A MAP OF THE DISTRICT TO BE ASSESSED AND A PRELIMINARY ASSESSMENT ROLL; PRESCRIBING OTHER DETAILS AND PROVISIONS CONCERNING SUCH IMPROVEMENTS AND DISTRICT. This Resolution recites the adoption of the Enabling Ordinance and the opinion of the Council that the interest of the Town requires the Mall and Park project be completed, that Denton,Harper,Marshall and Associates have been retained, it describes the location and nature of the Park Improvement. Bill Doyle moved approval of Resolution No.#81-9, Series of 1981, seconded by A.J. Wells and was unanimously carried. The Town Attorney requested that a motion be made to accept the preliminaryy doc ment tions submitted by Denton,Harper, Marshall. A.J. Wells so moved, seconded by Bi.Ll Doyle and was unanimously carried. Resolution No.#81-10, Series of 1981 was next presented to the Council. Councilman Erickson introduced the Resolution and was read by title. A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT PROVISIONAL ORDER RESOLUTION"; DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE MALL AND PARK IMPROVEMENTS TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED; APPROVING THE ADOPTING THEREFOR THE PRELIMINARY PLANS AND SPECIFICATIONS, THE PRELIMINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A NUMBER OF DETAILS CONCERNING THE DISTRICT, THE MALL AND PARK IMPROVEMENTS THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND PRESCRIBING NOTICE OF THE HEARING, THE DISTRICT, THE MALL AND PARK IMPROVEMENTS AND THE ASSESSMENTS. A.J. Wells moved approval of Resolution No.#81-10, Series of 1981. The motion was seconded by Sheila Davis and was unanimously carried. The assessments of the Condominium Mall owners was discussed. Second reading of Ordinance No.#81-21, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO.#81-13, SERIES OF 1981 TO REQUIRE SPRINKLING OF CONSTRUCTION SITES; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Steve Erickson moved approval of Ordinance No.#81-21, Series of 1981 on second reading. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. -2- Second reading of Ordinance No.#81-23, Series of 1981, AN ORDINANCE CONFIRMING A PRIOR RESOLUTION; AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $2,700.000 AGGREGATE PRINICIPAL AMOUNT OF THE TOWN'S SPORTS FACILITY REVENUE BONDS, EXECUTION AND DELIVERY OF A SPORTS FACILITIES FINANCING AGREEMENT WITH BEAVER CREEK ASSOCIATES, INC., AN UNDERWRITING AGREEMENT, A TRUST INDENTURE AND A GUARANTY FROM VAIL ASSOCIATES, INC.; APPROVING A LIMITED OFFERING MEMORANDUM IN CONNECTION THEREWITH; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS AND INTEREST COUPONS PERTAINING THERETO; PROVIDING FOR THE PRINCIPLE AMOUNT, NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON, THE BONDS, AND AUTHORIZING CERTAIN TERMS TO BE DETERMINED BY SUBSEQUENT RESOLUTION; DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; REQUESTING THE TRUSTEE TO AUTHENTICATE THE BONDS; AUTHORIZING INVESTMENTS BY THE TRUSTEE; APPROVING COUNSEL; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS. Larry Kumpost moved approval of Ordinance No.#81-23, Series of 1981 on second reading. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#81-22, Series of 1981, AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON; PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING AN ENVIRONMENTAL REVIEW BOARD, OUTLING ITS FUNCTION IN RELATION THERETO; AND PRIVIDING PROCEDURES AND STANDARDS THEREFOR; REGULATING AND REQUIRING OFFSTREET PARKING; REGULATING SIGNS; PROVIDING FOR NON-CONFORMING USES AND STRUCTURES; WITH PROVISIONS FOR INTERPRETATION, REVOCATION AND INVALIDATION OF PERMITS; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. The Mayor stated that this was a revised zoning code for the Town of Avon. He asked if any of the Councilmembers wanted to take action on first reading. Councilman Kumpost stated that since there were proposed changes to the proposed zoning ordinance and that there was a zoning ordinance in effect at the present time, he was in favor of calling a Special Meeting with the Councilmembers and the DRB Members so this revised ordinance could be discussed openly. He stated he thought a first reading at this meeting was premature. Councilman Erickson agreed. He stated he thought Terrill Knight should also be present. The Town Attorney stated he would like to have the opportunity to get input from DRB Members and to incorporate the proposed changes into the proposed Ordinance before first reading. After some discussion A.J. Wells moved to table first reading of Ordinance No.#81-22 indefinitly, seconded by Larry Kumpost and was unanimously carried. A Special Meeting was set up for the 1st of September at 7:30 p.m. and was suggested to notify the DRB Members and also Terrill Knight. The Mayor reported that Tom Glass from NWCCOG gave an address earlier in the day on the subject of a transportation study which deals with the state. He was requesting a contribution from the Town. Councilman Erickson stated he thought it was a very worth while project for $442.00 for two years to deal with all modes of transportation into the ski areas. Steve Erickson moved to approve the monies for 1981 and into the 1982 budget for NWCCOG transportation study, seconded by Larry Kumpost and was unanimously carried. The Mayor reported on the Lift. He stated it would be discontinued August 15, 1981 and would be resumed November 25, 1981. He stated Mr. Eberle stated that the ridership has diminished. The railroad crossing was again discussed. The Council still was not comfortable with the conclusion of the hearings. The trans-mountain water diversion was discussed. The Mayor stated that they had received a reply from Jerry Dahl from NWCCOG and needed some guidance on whether to persue it further. After some discussion the Town Attorney stated he would review the revised Ordinance and get back to the Council. - 3- The Mayor reported on the soccer field and stated it was near completion. They discussed the retaining wall that would be erected all along the soccer field, adjacent to the municipal building composed of railroad ties, and the wall would be 3' high, would be buried and filled on the reverse side with gravel and would provide not only a retaining wall, but a seating wall. The expense would be $20.00 per foot. The ties would be special treated and the other subject was the erecting of the play ground equipment. The Mayor stated they would like to sub-contract the work out. The work would include installing the swings, slides and the other activities plus 4 park benches, includes installing railroad ties all around the perimeter of the play area filling it with 7"-12" of sand and the price for this would be $7,700.00. After discussion it was agreed to sub the work out. Norm Wood's contract was discussed. The Council agreed and had the Mayor sign the contract with the corrections on page 5. Resolution No.$81-8, Series of 1981 was next presented to the Council. There were corrections and deletions to this Resolution. Section 1, second paragraph add"further to assure that any development revenue bond programs", Section 2, last line change the word"to" to "of", page 4(b)change to "Town Attorney", page 4(c)change to"counsel", Section 12, delete the second sentence. A.J. Wells moved approval of Resolution No.#81-8, Series of 1981 with the changes indicated, seconded by Steve Erickson and was unanimously carried. The Financial Matters were next presented to the Council. The backhoe was again discussed. After discussion the Council agreed for the Town to purchase a backhoe. A.J. Wells moved approval of the Accounts Payables, seconded by Larry Kumpost and was unanimously carried. The minutes of the July 14, 1981 meeting was next presented to the Council. Sheila Davis moved approval of the July 14th meeting, seconded by Steve Erickson and was unanimously carried. The minutes of the July 21, 1981 Special Meeting was discussed. Larry Kumpost moved approval of the July 21st meeting with the correction of ;the word "Enabling", seconded by Steve Erickson and was unanimously carried. There being no further business Steve Erickson moved that the Council adjourn.and Sheila Davis seconded the motion. The.meeting was adjourned by Mayor Alpi at 11:50 p.m. Respectfully Submitted: Patricia J. Doyle TbW, Clerk -4-