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TC Minutes 09-22-19810 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD SEPTEMBER 22, 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 7:55 p.m. A roll call was taken with the Councilmembers in attendance with the exception of Steve Erickson who was absent. Also present were Town Attorney John Dunn as well as members of the press and public. Danny Williams, County Commissioner of Eagle County approached the Council to discuss the sales tax election. Also present were Stan Bernstein financial consultant and Brad Jones. Mr. Williams stated that they have passed a Resolution to go forward with an election on November 3rd, 1981. That Resolution has authorized a ballot question. It askes the voters to authorize a 1% county wide sales tax under the terms of the Resolution. The Capital Improvements would be 1) a Criminal Justice Facility, 2) Municipal and/or County Library, 3) Senior Citizens Facility. They would hold an Advisory Election and ask the voters to authorize the County Commissioners to use capital expenditures monies for these facilities. He stated they want to reduce and stabilize property taxes and then be able to discharge debts. Mr. Williams stated that the County has never had a Bond Issue. It was suggested that maybe they become Home Rule. It was asked that the Town Attorney check the Charter to see if Avon could go to the extra 1% tax. After discussion the Council did seem to agree on support of the proposed sales tax. The Mayor thanked the gentlemen for coming. Tom Hill with Sopris Mental Health Clinic approached the Council. He was requesting a contribution of $3,750.00, a 7% increase from last year. A.J. Wells moved approval to include in the 1982 budget a contribution of $3,750.00 for Sopris Health Clinic. The motion was seconded by Larry Kumpost and was unanimously carried. Kevin Mactavish, manager of the Riverview Apartments approached the Council to discuss and promote recreation programs for children and youth. He was asking the cooperation from all the surrounding areas. After some discussion the Mayor stated that the Council was aware of the youth problems and that the Town was working toward youth facilities. The Mayor Thanked Mr. Mactavish for coming. Jim Mortar with Mortar, Fisher, Arnold approached the Council. Mr. Mortar stated that at the last meeting they agreed in concept regarding the zoning for Myers Ranch. He presented to the Council an amended drawing of the concept regarding where and what kind of building height they proposed for the project. He stated that the concept drawing would be documented as Exhibit "B" and would be attached to the Ordinance. The Town Attorney presented to the Council Ordinance No.#81-29, Series of 1981 and the Agreement between the Town of Avon and the Developers. In the Ordinance the change appears in Section 2, paragraph C, "to provide that no structure exceeding 60 feet of height shall be constructed in the subject property except within that area described in Exhibit"B"hereto, which is the shaded area on the map within which areas structures may be erected up to but not exceeding the maximum." After discussion Larry Kumpost moved approval of Ordinance No.#81-29, Series of 1981 on first reading on the basis that some language would be added concerning building heights in the eastern boundary of the lot and present it at the second reading. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. There were changes in the Agreement. The Agreement would be presented to the Council at the next regular meeting. -1- 0 • Nunzo Casilino/Hayes-Casilino approached the Council. He was requesting a Condominium Map Approval for Lot#7, Block#l Benchmark Subdivision. The Town Attorney stated that the documents were all in order. The legal wording had to be changed to read, " as president and as secretary". The language had to be added in respect to Time-Sharing. After discussion Sheila Davis moved approval of the Condominium Map for Hayes-Casilino, Lot#7, Block#l Benchmark Subdivision with the corrections. The motion was seconded by Larry Kumpost and was unanimously carried. Jerry Davis/Rocky Mountain Cable TV was cancelled until an Amendment regarding rate schedule changes to the Ordinance was presented. Second reading of Ordinance No.#81-27, Series of 1981, AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT BOND ORDINANCE;" RATIFYING ACTION HERETOFORE TAKEN; DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COST OF THE MALL AND PARK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS, AND DISTRICT, INCLUDING THE MANNER OF ADDITIONALLY SECURING AND EFFECTING THE PAYMENT OF SAID BONDS; PROVIDING THE FORM OF THE BONDS AND COUPONS; PRESCRIBING DUTIES OF CERTAIN TOWN OFFICIALS IN CONNECTION WITH SAID ASSESSMENTS, BONDS AND DISTRICT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. The Ordinance was read by title. The Mayor asked if there was anyone in the audience in opposition of Ordinance No.#81-27. There were none. Larry Kumpost moved approval of Ordinance No.#81-27, Series of 1981 on second reading. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. Larry Kumpost moved approval that the Ordinance be passed and adopted. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. Sheila Davis moved approval that the Ordinance be posted immediately in full and that it be published in the Vail Trail in full on September 25, 1981. The motion was seconded by Larry Kumpost and was unanimously carried. The contract for Hensel Phelps for the Mall Construction would be executed by the Mayor and would be delivered to Hensel Phelps. The first Amendment to the Mall Agreement was discussed. The Councilmembers found fault with some of the wording. It was agreed to check the wording and that it would be presented at the next regular Council Meeting. Ordinance No.#81-28, Series of 1981, AN ORDINANCE CONCERNED WITH ESTABLISHING A PERSONNEL MERIT COMMISSION AND A PERSONNEL MERIT SYSTEM. There was a lengthy discussion on this Ordinance, 1) whether an Attorney should be allowed to be present, 2) whether appeals should be permitted in the case of suspensions. The Council could not agree on whether this Ordinance be executed as an emergency Ordinance or not. The Council went into executive session. After the executive session there was discussion of the Personnel Merit Commission Members. The Council agreed that there should be two citizens and one Councilmember on the Board. A.J. Wells moved approval of Ordinance No.#81-28, Series of 1981 on an emergency basis, seconded by Sheila Davis. A roll call was taken with all the Councilmembers voting yes. -2- • The financial matters were next presented to the Council. After discussion A.J. Wells moved approval of the Accounts Payables subject to the engineering bill on the mall fund being paid out of general fund at this time. The motion was seconded by Sheila Davis and was unanimously carried. The minutes of the September 8, 1981 meeting was next presented to the Council. A.J. Wells moved approval of the minutes of the Setpember 8, 1981 meeting. The motion was seconded by Bill Doyle and was unanimously carried. There being no further business Bill Doyle moved that the Council adjourn and Sheila Davis seconded the motion. The meeting was adjourned by Mayor Alpi at 12:35 a.m. -3- Respectfully Submitted: ~r G Patricia J. Doyle, own Cle k