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TC Minutes 10-25-1983MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING OCTOBER 25, 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 Allan Nottingham at 7:45 p.m. A roll call was taken with Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were: Town Attorney John Dunn, Town Manager Richard D. 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. Larry Kumpost and Sheila Davis were absent. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed discussion for Citizen Input. Second reading of Ordinance No.#83-37, Series of 1983, AN ORDINANCE CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN, INCLUDING ALL INCIDENTAL EXPENSES. AGAINST THE LOTS, OTHER TRACTS OR PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE DISBURSEMENT OF THE ASSESSMENTS AND ANY PENALTIES; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS. The Town Attorney read the ordinance by title. Mr. Dunn stated that the Summary Ordinance was published in the Vail Trail. Be it noted that Don Buick and Greg Gage stepped down because of conflict of interest. The Mayor called for public hearing and asked for comments. There being no one wishing to be heard, the Mayor closed the public hearing. Al Connell moved approval of Ordinance No.#83-37 on second reading and final passage. The motion was seconded by A.J. Wells. Those voting aye were: A.J. Wells and Al Connell. The vote of the Mayor was aye. A.J. Wells moved that all rules of the Council which might prevent the final passage and adoption of the ordinance be suspended. The motion was seconded by Al Connell. At that point the Town Attorney stated that there may be a problem of not having a quorum because the Mayor cannot vote. -1- • 0 After discussion Al Connell moved to table Ordinance No.#83-37 until the next regular Council Meeting (November 8, 1983). The motion was seconded by A.J. Wells and was carried. The Town Attorney stated that it was his opinion that the previous votes taken were not valid in as much as there was not a majority to adopt the ordinance, nor has the ordinance been defeated, and the motion to table was in order. First reading of Ordinance No.#83-36, Series of 1983, AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.24 OF TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING AND LOADING; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. The Mayor stated that the changes to this ordinance were made as a result of a joint meeting with the Planning and Zoning Commission and the Town Council and were agreed upon by all persons in attendance. (for changes see Ordinance No.#83-36, page 2, second paragraph, page 5, 6-b and 6-d.) A.J. Wells moved approval of Ordinance No.#83-36, Series of 1983 on first reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion carried. Next on the agenda was authorization to raise financing for the fourth bus. Norm Wood stated that the purchase order that was issued for the bus was contingent upon the Town Council approving proceeding with the financing of the bus and also requires, in order, guaranteeing delivery by the 15th of December, that they have a color selection and other information back to-them by this Friday. After discussion of the financing, Don Buick moved approval of the Colorado National five-year leasing program at 9%, and that we make the change in the budget to take the shortfall out of the ending cash balance. The motion was seconded by Greg Gage and was unanimously carried. The Council agreed on the color scheme for the bus. It would be a white top, dark blue at the base. Don Buick requested to have a steel plate inserted in the ski racks to prevent mud from splashing onto the skies. Resolution No.#83-44, Series of 1983, A RESOLUTION TO ADOPT THE 1984 TOWN OF AVON BUDGET. The Mayor stated that there would be another public hearing on the budget. Mr. James stated that the Council has six items remaining in the 1984 budget for which decisions have to be made. A final public hearing would be scheduled in November or during the first meeting in December at which time the Council will pass the final resolution for the 1984 budget. Mr. James stated that according to our Charter, the budget has to be adopted before the millage can be certified to the County Commissioners. The due date for that is November 1, 1983. -2- • Al Connell moved approval seconded by A.J. Wells. unanimously carried. • of Resolution No.#83-44. The motion was There being no discussion the motion was Resolution No.#83-45, Series of 1983,A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1983, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO FOR THE 1984 BUDGET YEAR. In order to meet all general operating expenses of the Town of Avon during the 1984 budget year, there will be levied a tax of 13.2 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1983. To meet all bond and interest payments of the Town of Avon's general obligation bonds during the 1983 budget year, there will be levied a tax of 2.8 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1983. A total of these two levies is 16 mills. Don Buick moved approval of Resolution No.#83-45, Series of 1983. The motion was seconded by Al Connell. There being no discussion the motion was unanimously carried. Resolution No.#83-46, Series of 1983, A RESOLUTION TO AMEND THE 1983 BUDGET. Mr. James stated that there was one change that has occurred in the revised budget which was an additional $3,000 to be put into the contingency account as a contribution for the Marketing Plan Study. Al Connell moved approval of Resolution No.#83-46, Series of 1983. The motion was seconded by Don Buick. There being no discussion the motion was unanimously carried. Resolution No.#83-47, Series 1983, A RESOLUTION CONCERNED WITH ADOPTING PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF AVON. A. J. Wells moved approval of Resolution No.#83-47, Series of 1983, and to include the changes that were discussed in the afternoon workshop. The motion was seconded by Al Connell. There being no discussion the motion was unanimously carried. The Town Manager stated that the Council had met with the Chamber of Commerce and Charlie Maas of Vail Associates. The discussion was how to proceed with the Marketing. The Chamber was to initiate a meeting so that they could work on a plan. Councilman Connell stated that at their meeting of October 24th, the discussion was how the chamber could set-up a Marketing Alliance and to include to have various entities that would possibly lend some financial support. A marketing meeting was scheduled for November 1, 1983, at 5:00 p.m. -3- 0 0 at the Benchmark Plaza Conference Room and all interested parties are invited. Resolution No.#83-41, Series of 1983, A RESOLUTION APPROVING THE PRELIMINARY TOWNHOUSE PLAT FOR LOT 10, BLOCK 5, WILDRIDGE SUBDIVISION. Mr. Kvach stated that the Plat has been reviewed and generally meets the requirements of local subdivision regulations and recommend approval subject to the three minor conditions. (See Resolution No.#83-41 for the conditions). A.J. Wells moved approval of Resolution No.#83-41. The motion was seconded by Don Buick and was unanimously carried. Resolution No.#83-42, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR OUTSIDE STORAGE ON LOT 17, BLOCK 1, BENCHMARK SUBDIVISION. Mr. Kvach stated that this has been reviewed by the Planning Commission and their recommendation was approval subject to the two minor conditions. (See Resolution No.#83-42 for the conditions.) Al Connell moved approval of Resolution No.#83-42. The motion was seconded by A.J. Wells and was unanimously carried. Resolution No.#83-43, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR RETAIL SALES AND PERSONAL SERVICE OUTLET IN SPACE 5S, BUILDING 2B, LOT 16, BLOCK 1, BENCHMARK SUBDIVISION. Mr. Kvach stated that this space would be used for the sale of fabric as well as some personal service type sewing. The Planning Commission has reviewed this Special Review Use (SRU) and felt it was acceptable and recommended approval. There was a request from the Planning Commission that the applicant return at a two year period from the time Council gives approval to determine whether the off-street parking would be still adequate. A.J. Wells moved approval of Resolution No.#83-43, Series of 1983. The motion was seconded by Greg Gage and was unanimously carried. Change Order No. 2 for the Avon Town Center Mall was discussed. Norm Wood stated that the request was for installation of a pushbutton at the existing light key switch in the bus shelter. This will permit the existing heaters to operate for a preset period of time. Also, to be provided is a photocell to control lights in the bus shelter. Thirdly, the change order would permit the construction of a weatherproof and vandal resistant housing over the fountain electrical connection and timer control box. These would be an additional $867.00. Don Buick moved approval of Change Order No.2 for the Town Center Mall. The motion was seconded by Al Connell and was unanimously -4- E carried. • Resolution No.#83-48, Series of 1983, FINAL ACCEPTANCE OF ROADS IN BLOCKS 1,2, AND 3 OF WILDRIDGE SUBDIVISION, TOWN OF AVON, COLORADO. Mr. Wood stated that the roads in Blocks #1,2 and 3 of Wildridge were accepted for maintenance by the Town of Avon on November 9, 1982 subject to four conditions, 1) that the asphalt widening placed along Wildridge Road between the first and second switchbacks be covered by an extended warranty ending July 6, 1984; 2) Beaver Creek Point where trench settlement has occurred be excluded from acceptance; 3) Wildridge Road East where shoulder sloughing has occurred be excluded from acceptance; and 4) additional guardrail be installed at agreed upon locations during 1983. Mr. Wood stated that these corrections have been completed. Mr. Wood recommended that Resolution No.#83-48 be approved, the roads having successfully completed the one year warranty period. Don Buick moved approval of Resolution No.#83-48. The motion was seconded by Greg Gage and was carried with A.J. Wells and Allan Nottingham abstaining. Resolution No.#83-49, Series of 1983, ACCEPTANCE OF BEAVER CREEK POINT AND WILDRIDGE ROAD EAST. Mr. Wood stated that after reviewing construction procedures, test results and other data regarding the repairs to Beaver Creek Point and Wildridge Road East in the areas which were excluded from the acceptance of roads in Blocks 1,2 and 3 of Wildridge, they found them satisfactorily repaired and recommended that the Town Council accept these roads with a warranty period beginning August 24, 1983 and extending through August 23, 1984. Greg Gage moved approval of Resolution No.#83-49. The motion was seconded by Don Buick and was carried with A.J. Wells and Allan Nottingham abstaining. Resolution No.#83-50, Series of 1983, ACCEPTANCE OF WEST WILDWOOD ROAD IN BLOCK 5 OF WILDRIDGE SUBDIVISION. Mr. Wood stated that after reviewing the construction procedures, test reports and other data regarding the construction of West Wildwood Road he recommended the Town Council accept West Wildwood Road from Station 0+44.93 to Station 34+75.65 subject to the guardrail being installed at the locations identified in the field and agreed to by Al Testa. Mr. Wood also recommended that a one-year warranty period for the road begin September 24, 1983 and extend through September 23, 1984. Mr. Wood stated that Benchmark representatives felt the installation of guardrails was not a part of road acceptance but was a condition of the Subdividers Agreement but this should not be a problem since a contract had been awarded for guardrail installation. -5- 0 • Greg Gage moved approval of Resolution No.#83-50, Series of 1983. The motion was seconded by Don Buick and was carried with A.J. Wells and Allan Nottingham abstaining. The Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. The Town Attorney presented the Council with a case file of Cherry Hills Farms vs. City of Cherry Hills Village in regards to a Service Expansion Fee (SEF). SEF is imposed on persons who obtain building permits for new construction, additions to existing structures. Schools, churches and governmental institutions are exempted. The SEF is calculated on a square foot basis. Mr. Dunn stated that the similarities between the tax imposed by Cherry Hills and the Town of Avon's transfer tax are very strong. On the basis of the case, Mr. Dunn felt that any attack on a Real Estate Transfer Tax would not be successful. The Claim of Mountain Bell Telephone of a broken cable in the amount of $550 was discussed. Mountain Bell claiming that the Town was respon- sible for the breakage. After discussion Don Buick moved to dispense with the Mountain Bell claim and that the Town not pay for it. The motion was seconded by Al Connell and was unanimously carried. The next item was the Paying Agent Agreement between the Town of Avon and the Bank (Central Bank of Denver) in connection with the Town's bond issue. The authority to execute the agreement was included in the issuance of the bonds. Mr. Dunn stated that when the Town closed on the bonds the bank had come up with an agreement that was not acceptable, except for the dollar amount which should be changed to $500,000. No action was taken. The Town Attorney stated that the Council was presented with a letter from Dennis Cole to Marcos Suarez and David Cole relating to Lot 56, Block 2 which establishes a lease from month-to-month, property adjacent to Avon Center in connection with the pre-school Day Care Center Program to be operated in space #1107, Avon Center. Councilman Connell stated that at the last meeting the Council had instructed Dennis Cole that they needed to see that he had a place for parking and a playground that was continuous for two years. It was stated that a building permit has not been issued to date. Councilman Wells stated that they should absolutely have no permit and to have them shut down until they comply with the conditions, a lease on the parking and the playground for the length of their lease in the building. Mr. Wells stated that the Town Attorney should notify them right now stating that the Council approved this, subject to them producing evidence that they have a land lease for the length of their lease of the building which is two years. Dave Fales approached the Council. He stated that there has been no work done at the site. Mr. Fales was under the impression that the agreement has been met between the parties and that they are merely waiting to get the legal matters resolved. Councilman Connell stated that he had informed Dennis Cole that the Council needed to know more -6- i about the parking facility and the land that they were suppose to use as a playground and that a month-to-month basis was not sufficient and it was suggested that Dennis Cole have this information by this meeting, to which he had agreed to at that time. Mr. Fales requested that the applicant not have to go through the notification program, but to give them until the next regular meeting and that the written document will be finalized and submitted to the Council. Greg Gage moved to table this item until the next meeting. The motion was seconded by Al Connell and was unanimously carried. Dan Sunday discussed the Christmas decorations for the upcoming season. He suggested having a large tree for decorating at the Benchmark Sign coming off of the interstate. Mr. Sunday proposed to use garland and wreaths on all the street lights as well as the newly installed traffic signals on Avon Road and also decorate some of the trees along Avon Road. He proposed to install another large tree as a centerpiece which would go south of Benchmark Road. The bike paths would be decorated with garland and large red bows. Also decorated would be the Mall and Pond area as well as installing another large tree on the lake. A lighting ceremony was discussed. The date was undetermined at this time. It was suggested that the flags should be replaced with new ones. No action was taken. The Town Manager reported on the bus service. He stated that there is an administrative meeting scheduled between Rich Caplan, Jim Rubin, Brad Jones and himself Friday, October 28, 1983 at noon. The meeting will stem around the funding of the Lift Bus. He stated that his position was that the Town of Avon does not intend to put in any more money than Vail does for the funding. Councilman Connell stated that if Vail does not contribute the same amount of money they contributed last year, then the Town of Avon would forget the whole thing. Councilman Buick stated that we were also going to look at Vail's budget to see whether they budgeted for 1984 or not. The Town Manager reported on the night bus service. He stated that he had coversed with Jeff Mikelson and that they had their Avon Homeowners Association meeting yesterday. Mr. Mikelson stated that he could give the town documentation of his authority to sign the Pledge Agreement for night bus service. To comply with the Revenue Sharing requirements, two public hearings are necessary, one of these hearings can be administrative hearing which was scheduled for November 7, 1983, and the second public -7- hearing was tentatively It was recommended that action was taken. scheduled for the following Council meeting. the monies be spent on transportation. No Norm Wood stated that in regards to the Benchmark Sign that the sign company has instructed Mr. Wood that they have to revise the sign construction of what was originally approved. Mr. Wood suggested that Council take another look at the proposed sign before going ahead. The Town Manager reported on his attendance at the Vail Symposium and the ICMA Convention. A letter from Bob Komives dated October 18, 1983 was discussed. Mr. Komives recommended that the Comprehensive Planning process pause until the new planner is hired and is familiar with the project and then possibly re-negotiate the contract. The Council agreed. The Financial Matters were next presented to the Council. A.J. Wells moved approval of items #1 through #8. The motion was seconded by Don Buick and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable for October 25, 1983. The motion was seconded by A.J. Wells and was unanimously carried. It was requested, by the Council, that an up-date on the Christie Lodge timeshare units be given to the Council at the next meeting. A.J. Wells moved approval of Fund, Mall Construction Fund Payable for October 25, 1983. and was unanimously carried. A.J. Wells moved approval of Payable for October 25, 1983. and was unanimously carried. the Public Works Fund, Mall Maintenance and the Capital Projects Fund of Accounts The motion was seconded by Greg Gage the Reconciliation sheet of Accounts The motion was seconded by Don Buick The minutes of the October 11th meeting was next presented to the Council. A.J. Wells moved approval of the October 11, 1983 minutes as stated. The motion was seconded by Greg Gage and was unanimously carried. -8- The Council then proceeded to discuss the improvements of the Municipal Building. It was determined that a second exit had to be installed if the upper level of the building is to be used for occupancy. The Mayor felt that the high public exposure areas should be left on the main floor of the building. The Council suggested that the staff go back to the drawing board. Councilman Gage reported on United Nations Day, which was observed on Monday, October 24th. It was observed by flying the United Nations Flag. There being no further business, Al Connell moved to adjourn. The motion was seconded by Don Buick. The Mayor adjourned the meeting at 10:20 p.m. Res By ':~Y -9-