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TC Minutes 05-10-19830 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MAY 10, 1983 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Pro-Tem Sheila Davis at 8:02 p.m. A roll call was taken with Larry Kumpost, Greg Gage, Al Connell and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Richard Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator Dick Evans, Superintendent of Public Works, Dan Sunday as well as members of the press and public. A.J. Wells and Mayor Allan Nottingham were absent. The Mayor Pro-Tem called for Citizen Input. Paula Palmateer of the Vail Resort Association reported on a marketing study being done by Stan Bernstein. She was asking the Town of Avon to contribute $1,000 for the study that covers the area from Dowd Junction to Edwards at a cost of $7,500 and is to be completed by June 1, 1983 with a recommendation available by July 1, 1983 from the VRA Board. The information and the numbers will be put in a report format and presented to all parties. This information probably would not be put into use until 1984 possibly the ski season of '84-85". Councilman Gage asked if there were any plans to cooperate with the groups by allowing other projects to become part of the central reservations. Ms. Palmateer stated the association would continue to work with the partners down valley on cooperative kinds of programs such as the golf promotion with all the golf courses. Ms. Palmateer stated that the issue of Central Reservations is totally separate from the marketing study. It was stated by Tom Backhus that the Chamber of Commerce was donating $100.00, and that $2,500 from Vail Associates for Beaver Creek was being donated. After a lengthy discussion Larry Kumpost moved to table further action on the request until the May 24th meeting when all members of the Council could be present. The motion was seconded by Al Connell and was unanimously carried. Linda Rodgers and Sandy Davies approached the Council. They presented a check in the amount of $751.52, to the Town of Avon Recreation Department. Ms. Rodgers and Ms. Davies stated that the money was previously to be used for a roller skating club, but because of lack of interest it was put into a savings account. Ms. Rodgers stated she hoped this money would be used for roller skating for youths and adults. Mayor Pro-Tem Davis thanked Ms. Rodgers and Ms. Davies. Tom Backhus, Chairman of the Chamber of Commerce, approached the Council. He was requesting a waiver of fees relative to the information booth being installed in Avon. There were two fees that he was requesting that be waived, one was in the amount of $67.50 relative to the signage issue and the second was the Design Review in the amount of $88.00. He stated that the Chamber felt the information booth would serve as a community benefit. After discussion Larry Kumpost moved approval waive the $67.50 fee and the $88.00 Design Review Fee that was already paid. The motion was seconded by Al Connell and was unanimously carried. There being no further Citizen Input the Mayor Pro-Tem closed discussion. Fee to Second reading of Ordinance No.#83-21, Series of 1983, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN OF AVON. The Mayor Pro-Tem opened the meeting for public hearing. On page 3, paragraph 1, line 9, change "elimenated" to "eliminated." Clint Watkins approached the Council. He stated he felt this was the wrong time to be changing densities, that it should be postponed until the Master Plan was completed. - 1 - George Rosenberg, on behalf of the applicant, stated that what the applicant was doing was putting back units that were there before. He stated that the town has had, long before the town existed, a Master Plan. The Plan was first under the County and then under the town for about nine years now. He stated that development should not be static and should not have to wait until all the Master Plan studies are completed. The Mayor Pro-Tem. closed the public hearing. Don Buick moved approval of Ordinance No.#83-21, Series of 1983, on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor Pro-Tem then stated that before Council could proceed with the meeting they would have to elect someone to Chair the meeting because of the Mayor Pro-Tem having a conflict of interest on the next Ordinance. Don Buick moved to nominate Greg Gage to Chair the meeting. The motion was seconded by Larry Kumpost and was unanimously carried. Sheila Davis then stepped down. Greg Gage proceeded with the meeting. Second reading of Ordinance NO.#83-22, Series of 1983, AN ORDINANCE AMENDING ORDINANCE NO.16,SERIES OF 1979 TO PROVIDE A NEW RATE SCHEDULE FOR ROCKY MOUNTAIN CABLE TV, INC. The Chairman opened the meeting for public hearing. Jerry Davis stated it would be five to six weeks before the new stations would be in service. He stated that the Wildridge Cable Service would be in service in the lower area. This would be accomplished this year. There being no further discussion the Chairman closed the meeting for public hearing. Al Connell moved approval of Ordinance No.#83-22, Series of 1983 on second reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, Al Connell and Don Buick. There were no nay votes. The motion carried. Mayor Pro-Tem Sheila Davis, resumed her seat as Mayor Pro-Tem. The Town attorney stated he felt that Councilwoman Davis did not have a conflict of interest on the next Ordinance to be presented. First reading of Ordinance No.#83-23, Series of 1983, AN ORDINANCE CONCERNED WITH THE OFFENSES OF ILLEGAL USE OF PUBLIC WAYS FOR COMMUNICATIONS SYSTEM, THEFT OF COMMUNICATIONS SIGNALS, AND CRIMINAL TAMPERING WITH COMMUNICATIONS EQUIPMENT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor Pro-Tem called for discussion. The Town Attorney stated that this Ordinance arose out of discussion that occured in connection with first reading of Ordinance No.#83-23, Series of 1983. He stated the problem was that the franchise ordinances are not codified as part of the Code, they are considered as a Special Ordinance. As a result the parties of the Franchise Ordinance for Cable TV which make it illegal for unauthorized taps into the system never got into the Code. He stated it's still enforceable, but because it was not in the Code, it has presented a practical problem. Mr. Dunn stated rather than amend the Franchise Ordinance, it was easier to draft a new section to the Municipal Code that creates offenses of illegal use of Public Ways for communication systems. There being no further discussion the Mayor Pro-Tem called for a vote. She stated she would refrain from all comments. Larry Kumpost moved approval of Ordinance No.#83-23, Series of 1983 on first reading. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-24, Series of 1983, AN ORDINANCE AMENDING SUBSECTION B.1 OF SECTION 17.20.030 OF THE MUNICIPAL CODE, (NOTICE OF HEARING DAYS FROM 15 DAYS TO 12 DAYS) The Mayor Pro-Tem called for discussion. Mr. Kvach stated that currently the Town Ordinance was requiring a 15 day advanced notice before there were public hearings. He stated there were several occasions when it would have been beneficial if they could have had the public hearing notice published after the DRB meeting, but prior to the Council Meeting so that the Council could act on an item that DRB acted on without waiting for a full two week time period. He stated by amending the ordinance from a 15 day period to a 12 day period it would allow them to do so. Don Buick moved approval of Ordinance No.#83-24, Series of 1983 on first reading. The motion was seconded by Greg Gage. Discussion followed. - 2 - Larry Kumpost was concerned with the wording on page 2, section 3, paragraph 2. It was suggested that after the wording "property owners within the" add "described." Don Buick moved to amend the motion to include the word "described" after the word "the" and before the word "area," Section 4, change "idential" to "identical".The motion was seconded by Larry Kumpost and was unanimously carried. The Mayor Pro-Tem called for a vote on the main motion. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Al Connell moved to receive the audit report for 1982 and also to receive the Management letter from the auditor and that the town administration follow through to complete the recommendations. The motion was seconded by Don Buick and was unanimously carried by the Council. Resolution No.#83-24, Series of 1983, was next presented to the Council. This was a Resolution granting a density transfer of 14 units from Lots No.#67-68, Block #2, Benchmark Subdivision. Dennis Cole approached the Council. Mr. Cole is the attorney for Sunroad Group, Ltd. He stated that there was a public hearing on this matter which was held at the last meeting of the DRB. He stated Sunroad Group, Ltd., has entered into an agreement with Dillon Real Estate Company or City Market, the owner of Lots No.#67-68, Block #2, Benchmark Subdivision. Those lots are currently assigned a development right, density of 14 dwelling units. The proposed transfer would occur totally within the original Benchmark at Beaver Creek Subdivision and therefore would not change the previously approved density for the area. Lots No.#29-32, Block #2, are presently zoned RHDC. The 14 condominium units may be converted to a maximum of 42 hotel-lodge units by the developer. The RHDC district allows a 311 ratio - 1 dwelling unit = 3 hotel-lodge units for density purposes. The Design Review Board recommended that this request be approved subject to the following: 1) That a statement be submitted by Dillon Real Estate Company, Inc., indicating that they are willing to transfer their units to lots No.#29-32, Block #2, Benchmark Subdivision. The statement shall be submitted prior to consideration by the Town Council. 2) It is understood that the 14 units are presently under option and may or may not actually be purchased. The petitioner shall notify the Town as to the final status of the option within 7 days after it is exercised or determined not to exercise it. 3) If no notice is received by May 10, 1985, indicating the option is exercised, or if the units are built elsewhere, then the approval of this transfer shall be considered null and void. 4) That the density on any one lot shall not exceed 25 condominiums or 75 hotel- lodge units/per acre. Mr. Cole then reviewed the Resolution with the Council. Mr. Cole stated that the 14 units that are being transferred are not being specifically assigned to the four lots. He stated that at the time they begin construction or in the event there would be a sale of one of those lots, they would then specifically assign those 14 units to specfic lots. The transferring of units by resolution or ordinance was discussed. The Town Attorney stated that the density units area matter of private convenant and the town does require that when they are transferred that the same be done by Special Review, therefore, a resolution should be adopted. Councilman Buick asked if the transfer tax was exempted from the transfer of development rights. The Town Attorney stated that the ordinance provides for consideration which includes any part of cash paid or value of property delivered attributal to density units transferred as part of the sale or other transfer of the property whether such transfer of density units is accomplished by the same or a separate document. A lengthy discussion followed. Councilman Kumpost asked if there was any documentation from the site that is selling the units verifying that they have no longer the rights to those 14 units. Mr. Kvach stated that there was such a document, but as yet the letter from City Market has not been received. After discussion Don Buick moved approval of Resolution No.#83-24, Series of 1983, subject to the receipt of the letter from City Market. The motion was seconded by Greg Gage and was unanimously carried. - 3 - • • Resolution No.#83-25, Series of 1983, was next presented to the Council. Mr. Kvach stated the new Planning and Zoning Commission held their first meeting May 4, 1983, which their purpose was to interview the candidates for the vacancy. There were eight applicants of which six were present. After all the interviews their recommendation was that Tom Backhus be appointed as their seventh member. He stated that the Resolution that was prepared with the memo from the P & Z Commission that Council not only appoint the recommended member, but also assign the terms of office for all the members. The terms would be, four members at two years each, three members at one year each. The Mayor Pro-Tem stated the voting would be done by ballot. After the ballots were collected the Town Attorney counted the ballots and stated that there were three ballots for Clint Watkins and two ballots for Tom Backhus and on that basis he recommended that the Council adopt a motion appointing Clint Watkins. Councilman Connell suggested that since there were eight candidates for the position, that the Council select three more candidates so that there would be all Avon residents on the P & Z Commission. It was stated that all the members had to be residents, but that there were provisions for the members who were not residents to be phased out as their terms expire. Then Avon residents would be appointed. Councilman Connell stated that their terms had already expired. He stated that at the present time the Town did not have a P & Z Commission or did not have a DRB and that technically all their terms had expired. After discussion Don Buick moved to appoint Clint Watkins to the Planning and Zoning Commission. The motion was seconded by Al Connell and was unanimously carried. Councilman Connell stated he felt that since they had that kind of response for the position, the Council should follow through and try to appoint residents to the P & Z Commission as soon as possible. He felt that in regard to the terms of office, that should be the Councils position to determine that. He stated he felt that Council should try and fill all the vacancies that are on the Commission now. Councilman Kumpost stated that he felt that Council should not assign terms now, but to give this matter more consideration. He suggested that Council reappoint all the members now subject to assigning terms at a later date. It was suggested that this matter be discussed at the next work session. Greg Gage moved to adopt Resolution No.#83-25, Series of 1983, adding Clint Watkins to the list of names for the P & Z Commission. The motion was seconded by Al Connell and was unanimously carried. Mike Blair, member of the P & Z Commission approached the Council. He stated that he has been a member of the DRB for almost four years, that he has been involved in the early planning of the town and has watched it grow and hoped to see it grow. He stated he does own property in Avon and hoped to build and live here someday. He stated that the Council should do as it wishes and felt that all the Board Members felt the same as he did, but felt that the Board Members were all interested in remaining on the P & Z Commission. The Town Attorney reported on the Annual Mid-Year NIMLO Conference. He stated he felt that the conference was worthwhile. Mr. Dunn reported on the summons that was served regarding Bruce Wyman VS the Town of Avon.He stated the summons is against the then members of the Council in their-off- icial capacities only except Al Alpi who is sued both in his official and individual cap- acity.The amounts claimed were compensatory damages in the amount of $20,000 and punitive damages in the amount of $100,000 together with interest from March 26, 1982. Mr. Dunn stated the first claim is a claim for slander, the second claim is a claim for malicious prosecution, the third claim is for deprivation of rights, privileges and immunities secured by the Constitutional Laws of the United States, the fourth claim alleges willful, wanton and reckless disregs:,d or the rights and interest of plaintiff and is the basis of thF z.j.ai.m for punitive damages, the fifth claim .s against Alpi and claims that Alpi withheld material information regarding the criminal prosecution of plaintiff, that Alpi withheld such information for the purpose of continuing the criminal prosecution of the plaintiff and that such withholding was done with a willful and wanton disregard of the rights of the plaintiff and others. Mr. Dunn stated that this is an insurance matter and that he would turn the summons and complaint over to the insurance company and stated he would file an entry of appearance on behalf of all the defendants. - 4 - a Al Connell moved to direct the landscape architect to proceed with the design of improvements for the west end of the mall, including the connecting strip between Phase I and the west end of the mall, installation of a fountain in the detention pond, lighting along walkways and sod in grassy areas. The motion was seconded by Larry Kumpost and was unanimously carried. Greg Gage moved to instruct the staff to take the first step in regard to eliminating the cars that are in the Eagle River. The motion was seconded by Don Buick and was unanimously carried. The Town Manager reported on the possibility of a private phone system. He stated that we could possibly save up to $5,000 a year with the one supplier. After discussion the Council agreed to follow through on the private system, but to get more than one bid. It was suggested to receive a bid from the Bell Company. The Town Manager reported on the Comprehensive Plan. He stated that staff met with representatives of Plum Street, Inc., and are in the process of finalizing the documents of the service report and would report back to the Council at the next meeting. Mr. Blodgett reported on the Lift Bus Service. He stated he had met with a representative from the County, Beaver Creek Transit and the Eagle-Vail Homeowners Association. He stated that there would be a follow-up meeting with the Homeowners Association where they would look at some alternative systems and the cost of some. Mr. Blodgett reported on the Business License Ordinance. At the present time the ordinance exempts any contractors holding a valid contractors license or sales tax license from obtaining a business license. Most of the towns in the surrounding areas require a town business license along with a sales tax license. He stated he would recommend rewriting that exemption so that all persons be required to obtain a business license. Larry Kumpost stated that he felt everybody should be exempted from a town business license and thought it was ridiculous. He felt it was a waste of staff time processing the license. The Council agreed to discuss this matter at the next work session. The Town Manager reported on the authorization to amend the Municipal Code to provide for town audits of Real Estate Transfer Tax and Accommodation Tax. He stated at the present time there is no specific authority for auditing the two taxes. After lenghty discussion on this matter Don Buick moved to authorize the Town Attorney to prepare an amendment to the Municipal Code to provide for the audits of the Real Estate Transfer Tax and the Accommodation Tax. The motion was seconded by Al Connell and was unanimously carried. ,ouncilman Gage requested that the Council be appraised of an audit before the ?inance Director proceeds, and to include that wording in the amended ordinance. There was lengthy discussion on this matter. The Financial Matters were next presented to the Council. Al Connell moved to receive items #1 through #8. The motion was seconded by Greg Gage and was unanimously carried. It was stated that the refund to Planters of Vail would be deducted from the DRB totals ($400.00). Greg Gage moved approval of the General Fund Accounts Payable. The motion was seconded by Larry Kumpost and was unanimously carried. - 5 - 0 6 Greg Gage moved approval of the Public Works Fund Accounts Payable in the amount of $3,429.10, Mall Maintenance Fund Accounts Payable in the amount of $48.85, Transit Fund Accounts Payable in the amount of $513.58. The motion was seconded by Al Connell and was unanimously carried. Dnn Buick moved approval of the Reconciliation Sheet of Accounts Payable of May 10, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. Larry Kumpost moved approval of the minutes of the May 3, 1983, Special Meeting. The motion was seconded by Greg Gage and was unanimously carried. Larry Kumpost moved approval of the April 26, 1983 minutes with these corrections, page 1, last paragraph, line 3, change "of" to "for", page 5, 1st paragraph, line 14, add "committee", page 5, paragraph 8, change "soliciation" to "solicitation." With those corrections Don Buick seconded the motion and was unanimously carried. It was stated that May 14, 1983, would be clean-up day for the Town of Avon. There being no further business Don Buick moved to adjourn. The motion was seconded by Al Connell. The Mayor Pro-Tem adjourned the meeting at 10:45 p.m. Respectfully Submitted, Patricia J. Doyle,aown Clerk -6-