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TC Minutes 11-08-1983• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING NOVEMBER 8, 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 7:33 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, 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. Councilman Greg Gage arrived at 7:36 p.m. The Mayor deferred the Citizen Input portion of the meeting until later in the agenda. 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 Mayor called for public hearing and comments. There being no one wishing to be heard, the Mayor closed the public hearing. Be it noted that Don Buick was abstaining from any discussion because of a possible conflict of interest. Sheila Davis moved approval of Ordinance No.#83-37, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells and Al Connell. There were no nay votes. Don Buick abstained. The motion carried. Second 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 THEREOF. The Mayor called for public hearing. Clint Watkins had a concern with the Section regarding the parking for Commercial Recreation. He felt the parking requirements were too heavy and required too much parking for that type of use. There being no one else wishing to be heard, the Mayor closed the public hearing. Larry Kumpost moved approval of Ordinance No.#83-36, Series of 1983 on second reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-38, Series of 1983, AN ORDINANCE AMENDING ORDINANCE NO.81-28 RELATING TO THE PERSONNEL MERIT COMMISSION AND THE PERSONNEL MERIT SYSTEM OF THE TOWN OF AVON. The Town Manager stated that this ordinance is amended to reflect the fact that the Town Council has now adopted Personnel Rules and Regulations. The amendments help to interrelate the ordinance into the rules. Larry Kumpost moved approval of Ordinance No.83-38, Series of 1983 on first reading with these changes. Page 3, Section 3-A, third line, change "submitted" to "communicated", 4th line after the work "and" add, "documented to" and after the word - 1 - 0 0 "Manager" add, "and employees file". The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor then called for Citizen Input. Dot Goodwin, Director of Women's Resource Center, approached the Council. Ms. Goodwin stated that the purpose of the Center was to teach women of their rights. She stated that there were three types of calls that they receive at the center, 1) calls they receive from battered women, 2) calls from divorcees and are asked what women's legal rights are, 3) Calls asking if the center has legal aid. She stated that they have several programs: a hot line, a referral service, the brown bag service, the advocates, a safe house, the big sister program, a single parent program and a program for mothers with twins. She stated as a result of their programs that the valley would be a better place for it. She stated that this Center was funded by volunteers, the County and also from fund raisers. The Mayor thanked Ms. Goodwin for coming. The Marketing was discussed. Greg Gage stated that at their meeting of November 1, there were representatives from various developers and businesses. The purpose of that meeting was to get some direction from other groups other than the Town to see if they were willing to proceed with funding or participating in a marketing Alliance. The direction that came from that meeting was to proceed with a plan and then go back to the groups. A meeting has been scheduled for November 14th at 8:00 a.m. at the Benchmark Plaza conference room to choose a consultant to come up with this plan for marketing. The Council appointed three members to represent them. These members are: Greg Gage A.J. Wells and Al Connell. Next on the agenda was the Day Care Center, Space #1107, Block #2, Avon Center. Two documents were received from Dennis Cole in regard to the day care center. One was a letter from Avon Center stating that they would, during the lease period which Hodamar Partnership has at Avon Center, make available to Hodamar Partnership 2,000 sq. ft.. of space of outdoor recreation on their property in the event that Hodamar looses its Lot #56 lease. The other document was a signed contract to buy and sell Lot #55. Mr. Dennis Cole stated that it was his understanding that the zoning was subject to two requirements: 1) that they demonstrate that there is access to Lot #55 for purposes of drop-off and pick-up for two years, and 2) that they demonstrate, for the length of the lease, that outdoor space will be available for recreation. Mr. Cole stated that he had furnished the Council with a copy of the Agreement with Dave Cole concerning Lot #56, which was a month -to-month lease. If that lease should be cancelled, then Avon Center has agreed that they will make 2,000 sq.ft. of outdoor space available to the Day Care Center for parking. In regard to Lot #55, Mr. Cole stated that it was his understanding that there is a month-to-month lease on Lot #55 and that now Avon Center and Don Chaplin have entered into a contract and have recorded a memorandum of the contract, indicating that Avon Center will buy Lot #55. Avon Center has also delivered plans for parking to the Town Planner. The Council felt that this does not accomplish what they had requested and that there is still no guarantee of the availability for the two years. Councilman Wells stated that until the contract closes between Avon Center and Don Chaplin, the land would not be available for two years. Mr. Dennis Cole stated that they are willing to proceed at their own risk, knowing there is a requirement that outdoor space be available for two years, and knowing that there is a requirement for parking to be available. If at any time it is not available, that they would be shut down. They are willing to take that risk. A lengthy discussion followed. Greg Gage moved to instruct staff to issue a building permit for the interior leasehold improvements to the retail space at Avon Center and that no Certificate of Occupancy be issued until evidence has been provided to the Town, that Lot #55 would be available as a turn-around parking area for a period of at least two years and that space other than Lot #56 will be made available to them should they loose their lease rights to Lot #56, that the Town would receive a memorandum of Understanding from Dennis Cole representing to the clients that they have not met the conditions that were imposed on the adoption of the resolution, that they proceed - 2 - 0 0 at their own risk and also indemnify the Town against any costs that the Town may incur for that period of time. Councilman Wells suggested that all these requests made by the Council be drafted into an Agreement. It was also requested that Mr.Cole's clients would not accept any money from the citizens wanting to use this future service. The motion was seconded by Al Connell. After discussion Greg Gage amended his motion that an Agreement be drafted by Mr. Cole and that it be reviewed by the Town Attorney and that a building permit not be issued until the Agreement has been reviewed by the Attorney and that four of the seven Councilmembers review and approve the Agreement. The amended motion was seconded by Larry Kumpost and was carried with Don Buick abstaining. A.J. Wells moved to set a policy that when the Council adopts resolutions, that if they are adopted with conditions, that those conditions become part of the resolution and that the officials do not execute the resolutions unless those conditions are part of the document. The motion was seconded by Greg Gage and was unanimously carried. The Town Manager reported on the remaining items of the budget. These items being; Marketing, the Building Department (Tyree Associates), Para-legal, merit increases and the purchase of the fourth bus. The final budget hearing is scheduled for December 13th, 1983. The Council received the information on Western Land Exchange Company regarding the Buck Creek Road/Forest Service Exchange. No action was taken. At that point the Council referred back to Ordinance No.#83-37. The Town Attorney stated that the Council should move that all rules of the Council which might prevent the final passage and adoption of the ordinance be suspended. Sheila Davis so moved. The motion was seconded by Al Connell and was unanimously carried. A.J. Wells moved that the ordinance should be posted and published in the Vail Trail on November 11, 1983. The motion was seconded by Sheila Davis and was unanimously carried. The Town Manager requested that the Council receive the information on the Distribution Network for Local Public Interest Programming. No action was taken. Change Order No.#3 for the Avon Road Landscaping was next presented to the Council. This change order was for adjustment for final quantities and for a time extension due to the delay in obtaining the permit on the north side of I-70. Hand placed rounded river cobble would be an additional 322 sq. yds. at $10.91. Total additional was in the amount of $3,513.17. The new contract price would be $211,428.28. Larry Kumpost moved approval of Change Order #3 to the contract between the Town of Avon and Clarke and Younger Landscaping Contractors. The motion was seconded by Al Connell and was unanimously carried. The Town Manager reported on the Lift Bus Service. He stated that the Town of Vail has budgeted $7,500 in the regular General Fund and another $7,500 is earmarked in the contingency account for the Lift. Vail also wanted to be in the position where they could terminate their participation after the County Transit Study Committee report had come out, if they saw fit. He stated that the Town Attorney had prepared an Amendment to the Tri-Party Agreement that would enable all parties to pull out of the contract if notice would be given by the 15th of June which would then end their participation by the 30th of June. Other than that, a sixty day notice prior to cancellation of the participation is required. Mr. Blodgett recommended that the Agreement reflect the Amendments and that the Mayor and Town Clerk be authorized to enter into the Agreement on behalf of the Town of Avon. A.J. Wells so moved. The motion was seconded by Larry Kumpost and was unanimously carried. - 3 - 0 0 The Town Manager reported on the Cottonwood Trees located on West Beaver Creek Blvd. He stated that the Town had a signed copy of the Agreement between Mr. Von Olsen and the Town which gives the Town access to provide the necessary water for the Cottonwood Trees. Mr. Wood suggested that the project be delayed until next spring, at which time a berm could be built to retain the water necessary for the trees. The Council agreed. Norm Wood stated that the electrical work for the Avon Sign on the I-70 ramp, should be completed in the next few days. The contractor gave a completion date of November 29th for the sign. No action was taken. The Town Manager requested authorization to spend the final dollars in the Nottingham Park Fund. There was a balance of $6,544, which was a result of interest earned. It was recommended that the Town,purchase a Bunton 40 inch self-propelled mower, 72 inch rotary flail mower, 2 paddle boats and sod for Tract G (West of the Mall, Phase II) which adds up to $6,544. After discussion Larry Kumpost moved approval of the expenditures that were outlined in the memorandum regarding the Nottingham Park Development Fund. The motion was seconded by Sheila Davis and was unanimously carried. The Town Manager reported on the Christie Lodge Time-Sharing. A memorandum was presented to the Council stating that at the present time Christie Lodge was in compliance with the Time-Share Agreement as far as the number of units in the pool were concerned. No action was taken. The Avon Road dedication, the Christmas lighting Ceremony and the schedule of events were discussed. No action was taken. The recreation program for the winter of 1984 was presented to the Council. No action was taken. The Highway Improvement Requests/five-year program was discussed. Mr. Wood stated that last year's Eagle County submittal included requests for a study of Highway 6 from Dowd Junction through Avon and a study of Avon Road. Mr. Wood was recommending that the Town work with the County to have these two requests included in this year's submittal since they have not been included in the five year program. The purpose would be for widening Avon Road. Don Buick moved approval for Norm Wood to proceed and to work with the County on the items discussed. The motion was seconded by Al Connell and was unanimously carried. The Town Manager stated that today was the anniversary of Bob Willcox's first year as Chief of Police for Avon. The Mayor congratulated the Chief on a job well done. The Town Manager stated that they have hired Jim Lamont as the Town of Avon's Planning Director and he would begin work on the 28th of November. The Financial Matters were next presented to the Council. Larry Kumpost moved to receive items #1 through #13. The motion was seconded by Don Buick and was unanimously carried. - 4 - L1 The Council discussed the Plum Street Professional Associates Consultants invoice. After discussion it was agreed to withhold $1,000 of the $3,251.83. Don Buick moved approval of the General Fund Accounts Payable of November 8, 1983 with the exception of withholding $1,000 from the Plum Street Associates invoice. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of Capital Projects Fund, Mall Construction Fund, Mall Maintenance Fund and the Transit Fund of Accounts Payable of November 8, 1983. The motion was seconded by Greg Gage and was unanimously carried. Don Buick moved approval of the Reconciliation of Accounts Payable for November 8,1983. The motion was seconded by Larry Kumpost and was unanimously carried. The minutes of the October 25, 1983 meeting was next presented to the Council. The authorization for Jeff Mikelson to sign the Night Service Agreement was not yet received. The Town Manager stated that until the Town receives that authorization there would be no night service, unless someone else would assure payment for the night service from Avon Center. Don Buick suggested that this be docketed as unfinished business so that it is not forgotten. Mr. Buick felt that it makes the Town look bad. Don Buick moved approval of the October 25th meeting minutes. The motion was seconded by A.J. Wells and was carried with Larry Kumpost and Sheila Davis abstaining because of their absence from that meeting. There being no further business A.J. Wells moved to adjourn. The motion was seconded by Larry Kumpost. The meeting was adjourned by Mayor Allan Nottingham at 9:51 p.m. - 5 - RPSnPr.tfIl11v Suhmittpd.