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TC Minutes 10-13-1981MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD OCTOBER 13, 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 7:50 p.m. A roll call was taken with the Councilmembers in attendance. Also present were Town Attorney John Dunn as well as members of the press and public. George Rosenberg appearing on behalf of Metcalf S.A. approached the Council. Be it noted that A.J. Wells stepped down. Mr. Rosenberg stated that this was an application of re-zoning of Lots#38,40,41, Block#l, Benchmark Subdivision. He stated the property is presently zoned IC which is Industrial Commercial. The applicants applied for RHLD(Residential High Low Density)and requested 12 units on Lot#38, 8 units on Lot#40 and 15 units on Lot#41. He stated the matter was before the Design Review Board and received final action on September 2, 1981 and the action by the DRB at that time was to recommend denial of the RHLD and recommend approval of SPA. He stated that at one time there was a pool of existing units and that the Council recommended that all units be assigned specifically to specific parcels. He stated that if this action was approved it would eliminate the problem of the free floating units. Mr. Rosenberg stated that there are 1.66 acres for Lot#38, 3.44 acres for Lot#40 and 4.84 acres for Lot#41, a total of 9.94 acres and a total of 35 units. Councilman Erickson moved approval of the recommendation of the DRB to re-zone Lots#38,40,41, Block#l as so specified to a SPA zoning with the 12 units allocated to Lot#38, 8 units to Lot#40 and 15 units to Lot#41, contingent upon receiving an Ordinance and to be read on first reading at the next regular meeting. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells obstained. ,,The discussion of the Annexation of the Map and Petition for the Forest Service Land was set for October 27, 1981. Second reading of Ordinance No.#81-29, Series of 1981, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DES- CRIBED LAND IN THE RESIDENTIAL HIGH DENSITY AND COMMERCIAL ZONE DISTRICT. Sheila Davis moved approval of Ordinance No.#81-29, Series of 1981 contingent upon obtaining the signatures of all the owners of Myers Ranch on the Agreement. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. Jim Bennett presented to the Council a check from U.S.Home, a contribution in the amount of $136,207.00 for the resurfacing and rebuilding of East Beaver Creek Boulevard. Mr. Bennett then proceeded. He approached the Council for an approval of the Condominium Map for Christie Lodge, buildings 1-7. He stated that the target date for opening would be November 1st, 1981. Mr. Bennett stated that they have 125 units sold and have taken the balance of the units and turned them over to the Management Company as having the right to rent them on an overflow basis. He stated that by November 1st, 1981 there would be approximately-50% of the commercial spaces in. He stated that this Condominium Map represents 265 units of which the balance of the 15 units were approved on February 28th, 1981. Sheila Davis moved approval of the Condominium Map of Christie Lodge, buildings 1-7. The motion was seconded by Larry Kumpost and was unanimously carried. First reading of Ordinance No.#81-30, Series of 1981, AN ORDINANCE CONCERNED WITH AMENDING THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, ADOPTED BY ORDINANCE NUMBER 2, SERIES OF 1976, AS AMENDED, TO PROVIDE FOR A PROCEDURE FOR THE IMPOUNDMENT AND DISPOSAL OF MOTOR VEHICLES PARKED OR ABANDONED IN VIOLATION OF THE PROVISIONS OF SAID CODE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. After a lengthy discussion A.J. Wells moved to postpone the Ordinance until there was more information. The motion was seconded by Steve Erickson and was unanimously carried. -1- 6 6 First reading of Ordinance No.#81-31, Series of 1981, AN ORDINANCE AMENDING ORDINANCE NO. 16, SERIES OF 1979 TO PROVIDE A NEW RATE SCHEDULE FOR ROCKY MOUNTAIN CABLE TV, INC. Be it noted that Sheila Davis stepped down. After some discussion A.J. Wells moved approval of Ordinance No.#81-31, Series of 1981 on first reading. The motion was seconded by Bill Doyle. A roll call was taken with the Councilmembers voting yes. Councilwoman Davis obstained. Ordinance No.#81-32, Series of 1981 was next presented to the Council. AN ORDINANCE AMENDING ORDINANCE NO.#81-11, SERIES OF 1981, AS THE SAME RELATES TO METHOD OF PAYMENT OF COSTS OF IMPROVEMENT OF THE AVON TOWN CENTER MALL The Town Attorney stated that he had prepared this Ordinance as to a follow up on Ordinance No.#81-11, Series of 1981 which created the Pedestrain Mall and incorporated by records the Mall Agreement which was executed by all the adjacent property owners. He stated that there had been a re-negotiation of portions of the Mall Agreement resulting in the First Amendment to the Mall Agreement. It would be necessary that the First Amendment be signed by the Town and the purpose of this Ordinance would be to authorize that in advance of closing on the sale of the bonds which is scheduled for the 23rd of October. He stated that the First Amendment to the Mall Agreement principally increases the total amount of money to be spent on the Mall which was limited in the original Mall Agreement to $600,000.00 and now was up to approximately $1,150,000.00. He stated that this Ordinance had been prepared as an emergency Ordinance due to the fact that the closing is scheduled for October 23, 1981. A.J. Wells moved approval to pass Ordinance No.#81-32, Series of 1981 on an emergency basis. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. Larry Kumpost moved approval to authorize the funding of the Mall Project to the extent of $226,000.00 which was the Town's portion of the funding. The motion was delayed by some argumentive discussion between the Council and Don Buick and Nick Dalba. The motion was then seconded by A.J. Wells and was unanimously carried. It was stated that the monies for the funding would be paid no later than the 22nd day of October, 1981. A.J. Wells moved approval for the Town to put up the balance of the funds, the balance of the $250,000.00 when it.`s appropriate. The motion was seconded by Larry Kumpost and was unanimously carried. Councilman Wells stated that also, two funds be set up, the reason being to distinguish the monies being spent on tract G and non-tract G. Council Erickson stated that the vacancy on the Design Review Board should be filled. After discussion of the applicants Steve Erickson moved approval to appoint Jerry Davis to fill the seat on DRB. The motion was carried with Sheila Davis Abstaining. The financial matters were next presented to the Council. It was requested that the building department look into the parking at Avon Center. After discussion A.J. Wells moved approval of the Accounts Payables including the $111.00 to Mark Donalson if it is proper and provided that anything for the mall be paid out of general fund. The motion was seconded by Steve Erickson and was unanimously carried. Steve Erickson moved approval to appoint Celeste Nottingham to the Personnel Merit Commission Board. The motion was seconded by A.J. Wells and was carried with Allan Nottingham obstaining. The Council discussed the heavy equipment operator for the Parks and Recreation. The minutes of the September 22nd, 1981 meeting was next presented to the Council. A.J. Wells moved approval of the minutes of September 22, 1981 meeting. The motion was seconded by Bill Doyle and was unanimously carried. -2- The minutes of the September 23rd, 1981 Special Meeting was next presented to the Council. A.J. Wells moved approval of the Special Meeting of September 23, 1981. The motion was seconded by Bill Doyle and was unanimously carried. There being no further business Steve Erickson moved to adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 11:05 p.m. Respectfully Submi Patricia J. Doyle, T wn Cler Approved: -3-