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TC Minutes 11-22-1983i ~ MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING NOVEMBER 22, 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 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, 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, Building Administrator Dick Evans, Superintendent of Public Works Dan Sunday as well as members of the press and public. Planning Director Dick Kvach was absent from the meeting. The Mayor called for Citizen Input. Al Alpi approached the Council. He was representing the home- owners and residents from Nottingham Road in reference to the ski shuttle bus. He stated that the residents were requesting information on what the Town plans to do regarding the transportation to the ski area for the Nottingham Road residents. Mr. Alpi presented the Council with a survey for Nottingham Road in regards to a number of residents that live on Nottingham Road. 88 residents are full time and 130 part-time residents (multiple owners of condominiums). Earlier in the Council workshop it was discussed that the Lift would service Nottingham Road and that the service would be free to the residents of Nottingham Road. The Lift schedule for Nottingham Road is 6:30 a.m., 7:30 a.m., 8:30 a.m., and 9:30 a.m.; 4:15 p.m., 5:15 p.m. 6:15 p.m. The Mayor stated that the data should be compiled and then make a decision. It was stated that if the ridership was not there, the service would be discontinued. After discussion the Council agreed that they would address this matter at the December 13th Council Meeting. The Mayor thanked Mr. Alpi for coming. Second reading of Ordinance No.#83-38, Series of 1983, AN ORDINANCE AMENDING ORDINANCE N0.#81-28 RELATING TO THE PERSONNEL MERIT COMMISSION AND THE PERSONNEL MERIT SYSTEM OF THE TOWN OF AVON. The Mayor stated that he would offer this ordinance and propose the changes that were suggested by Art Abplanalp. The Mayor called for public hearing. There was no one wishing to be -1- 0 heard; the Mayor closed the public hearing. Don Buick moved approval of Ordinance No.#83-38 with these changes, Section 2.24.020, ninth line, change "Ordinance" to "Chapter", Section 2.24.030, A, change "member" to "memorandum". With those changes A.J. Wells seconded the motion. 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.#83-39, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. This ordinance authorizes the lease purchase of the Orion Bus. After discussion Sheila Davis moved approval of Ordinance No.#83-39 on first reading. The motion was seconded by Larry Kumpost. 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. Next on the agenda was the Petition for Annexation of the LaVoy and Grace White parcel. Peter Jamar approached the Council. He was representing Mr. and Mrs. White. The property is situated between the Eagle River and Highway #6, across the river from the Nottingham Station. The site is approximately.3.5 acres with 1.9 acres being in the flood plain, and 1.66 acres of net developable property. The Council stated that a couple of questions have arisen. 1) Why were they not proposing to annex the portion of Highway #6, abuts the property. Mr. Jamar stated that they have no problem with that proposal. He stated that if it is the Town's desire to bring in that portion of Highway #6, the legal description could be amended before second reading. 2) The second concern was why the Whites were not proposing that their property south of Highway #6 be included in the annexation. Mr. Jamar stated that for technical reasons, they did not want to annex that parcel at this time. The zoning request was discussed. It was stated that they would delete the RHDC zoning language from the Petition. They had no problem with that. Lengthy discussion followed. It was asked if it would be possible to annex that portion of Avon Road from the railroad tracts to and including the White's portion of Highway #6. This was to be looked into. After a lengthy discussion Don Buick moved to table this matter until the next regular Council Meeting. The motion was seconded by Al Connell and was unanimously carried. The Town Manager reported on the night bus service. He stated he had -2- O • received a letter from Nick Marsh, President of Avon Center at Beaver Creek Homeowners Association. The letter stated that Mr. Mikelson does have the authority and power to execute binding documents subject to the Declaration and By-Laws. It was suggested that Mr. Blodgett pursue this matter and receive a letter of authorization. Dennis Cole approached the Council. He was representing clients for the Day Care Center at Avon Center. He stated that after the last meeting he had a conversation with the Town Attorney and suggested in lieu of trying to finalize an interim type of Agreement, to work with his clients and try to come up with a final Agreement. He stated that they did reach an agreement and that it was signed by all parties except one. Mr. Cole presented the Council with a signed copy of the Agreement. Mr. Cole stated that there were four parties involved, Don Chaplin, owner of Lot #55; Cal-Colorado Investors, an entity who has a contract to purchase Lot #55; Avon Center at Beaver Creek Ltd. Partnership which is the entity currently leasing the Lot #55 from Mr. Chaplin and Hodamar Partnership that agreed to the following items in the Agreement: Paragraph i, that all the parties agree that Don Chaplin is the record title owner of Lot #55, paragraph 2, indicates that as long as Mr. Chaplin is the owner of Lot#55, he will make Lot #55 available to Junior Village for the purpose of drop-off and pick-up of children as well as parking subject to the terms of the existing lease. Paragraph 3, indicates that in the event the existing lease for any reason is terminated, and Don Chaplin is still owner of Lot #55, he agrees to make Lot #55 available to Junior Village for rental of one hundred dollars ($100) per month and Junior Village in turn agrees to pay the ($100) per month rental and take full responsibility for maintaining the parking lot, and providing insurance coverage. Cal-Colorado has entered into a contract to purchase Lot #55 from Don Chaplin and agrees that in the event that they do purchase Lot #55, then they would make Lot #55 available to Junior Village Day Care Center. Paragraph 5 indicates that the Agreement shall extend for a period of two years. It does provide that in the event Don Chaplin and Cal-Colorado should sell. Lot #55 to a third unrelated party, or in the event that they develop Lot #55 that it could not be used for drop-off and pick-up and parking, upon thirty days notice they could cancel the availability of the Lot. However, if they do that, Avon Center at Beaver Creek Partnership agrees that Hodamar Partnership is released from all obligations under its lease. After discussion Mr. Cole recommended that the Special Review Use is approved subject to the following: That the Agreement dated November 22, 1983, is executed by Don Chaplin and a copy delivered to the Town, further subject to the conditions that the authority of Greg Neal to execute the letter of November 6, 1983, concerning contingent outdoor recreation area be provided to legal Counsel for the Town and that it meets his satisfaction, further conditioned upon the availability of parking, but primarily drop-off and pick-up on Lot #55 and the additional condition that the applicant acknowledges and understands that the bus stop pick-up area is not to be used for children drop-off and pick-up. Sheila Davis so moved. The motion was seconded by Greg Gage. Discussion followed. Sheila Davis amended her motion to include that this Special Review Use is only valid while this is being provided. The amended motion was seconded by Greg Gage and was carried with Don Buick abstaining. Councilman Greg Gage reported on the Marketing Committee meeting which was held November 22, 1983. The purpose of the meeting was to interview two consulting firms for marketing. He stated it was the decision of the committee to retain Rosell, Ramen and Cares, Inc., to create a marketing plan that would include marketing the Town of Avon and the surrounding area. He stated an Agreement would be drafted and signed. The expense of the consultant would be paid from the $3,000 that the Town of Avon has committed and $3,000 that the Chamber of Commerce has committed to. It would be done on an hourly basis and not to exceed $6,000. Mr. Gage stated as far as the time frame, the consultants should have a formulated plan in the next thirty days and a long range plan in approximately ninety days. Resolution No.#83-51, Series of 1983, FINAL ACCEPTANCE OF ROADS IN BLOCK 4, WILDRIDGE, TOWN OF AVON, COLORADO. Be it noted that the Mayor stepped down because of a conflict of interest. The Mayor Pro-Tem proceeded with the meeting. Norm Wood stated that Council had accepted the roads in Block #4, Wildridge as of November 9, 1982 with two conditions; 1) being replacement of some slope protection of rip-rap near Lot #35, 2) that the Avon Metropolitan District provide slope protection for the overflow discharge from the water storage tank on Tract J or provide the Town with a letter guaranteeing any damage caused by overflow discharges would be repaired at no cost to the Town. Mr. Wood stated that these conditions have been satisfactorily completed, therefore, he was recommending that the Town Council adopt the Resolution approving the previously accepted roads as having successfully completed the one year warranty period. Greg Gage moved approval of Resolution No.#83-51. The motion was seconded by Larry Kumpost and was carried with Allan Nottingham and A.J. Wells abstaining. Resolution No.#83-52, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR AUTOMOBILE REPAIR IN BAYS 2 AND 5, LOT #13, BLOCK #1, BENCHMARK SUBDIVISION. The Town Manager stated that the Planning and Zoning Commission - 4 - • • recommended approval of the resolution subject to the two conditions, 1) That the parking spaces be striped prior to use of bay 5; 2) That all conditions noted in the design approval, dated October 21, 1982 be complied with by the owner prior to the use of Bay 5 and that a bond or escrow account be provided so that the Town shall have the right to withdraw the money to complete the improvements should the owner fail to do so. After discussion A.J. Wells moved approval of Resolution No.#83-52. The motion was seconded by Don Buick and was unanimously carried. Resolution No.#83-53, Series of 1983, RESOLUTION CONCERNED WITH CHENEY DUPLEX PLAT LOT #26, BLOCK #1, WILDRIDGE SUBDIVISION. The Town Manager stated that staff had reviewed the Cheney Duplex Plat and determined that it generally meets the local subdivision requirments and the approval of the resolution is recommended subject to 1) That the lot pin and cap be placed at the northeast end of lot line L2, 2) That all comments of the Town Attorney be complied with. Al Connell moved approval of Resolution No.#83-53, subject to the two conditions. The motion was seconded by Larry Kumpost and was unanimously carried. The contract with the state and the Town of Avon regarding the Lift Operation was next presented to the Council. The Town Attorney stated that he had reviewed the Agreement and had discussed the Agreement with the Finance Director. He stated that the Agreement does not have a lot to do with the current circumstances. The Council-had concerns with the contract and suggested that the Town Attorney work with the state and to draft a contract that would accomplish the Town's objectives and a contract that would be consistent with the objectives. After discussion A.J. Wells moved to authorize a contract that is acceptable to the Town Attorney, keeping in mind all the Towns objectives which include minimal exposure, the Town does not want to operate the system beyond next June, unless the Town decides to. The Town does not want title to the property, just operate the equipment for this season. The Town wants to take over the funds that Vail has that will help Avon operate the system. The motion was seconded by Al Connell and was unanimously carried. Al Connell moved to authorize the mayor to sign the letter regarding the Peregrine Properties Project that was drafted by the Town Attorney dated November 22, 1983, with the change that it refer to the regular Council Session and to deliver it to the Planning and Zoning Commission. The motion was seconded by A.J. Wells and was unanimously carried. -5- • 0 The Park and Recreation Grant Program was next presented to the Council. Norm Wood stated he had received an informational packet from the Director of Colorado Division of Parks and Outdoor Recreation in regard to a grant program from Land and Water Conservation Funds. This would be a 50% matching fund program. He felt that the bike path walkway and access points along the Eagle River would be an ideal proposal to file. Mr. Wood stated that credit toward over 50% could be donated land costs. He felt there could be a possiblity that even the matching portion could be arrived at without the Town being out any direct costs in this project. He stated that the preparation of the application would take about a year. After discussion Don Buick moved to authorize the Town Engineer to proceed ahead with the grant. The motion was seconded by Al Connell and was unanimously carried. Norm Wood presented Change Order No.#2 for the bike path. He stated that this is a final adjustment for quantities on the bike path. This change order would decrease the contract figure by $194.05. The new contract price including this change order would be $54,536.84. Don Buick moved approval of the deduction of $194.05. The motion was seconded by Larry Kumpost and was unanimously carried. The Town Manager reported on the Vail Ski Classic. Mr. Blodgett asked if the Council was ready to pledge the funds for the Silver Sponsorship. Greg Gage stated he had conversed with John Horan-Kates and that Mr. Horan-Kates was to send him an Agreement for a Silver Sponsorship, but as yet had not received it. It was suggested to write Mr. Horan-Kates a letter and officially ask for the Agreement and what his response is to the Town's concerns. A copy of the letter should be sent to Harry Frampton, President of Vail Associates. No action was taken. The Town Manager reported on the Transportation Council. He stated that they had met on November 17, 1983, and Jim Rubin presented a work program that was very well received by the Committee. Mr. Blodgett asked if the Council had any comments on Mr. Rubin's report. The report was received. Norm Wood reported on the Avon Sign I-70 ramp. He stated that the completion date was moved up to December 12th. No action was taken. - 6 - J L J The Mayor reported on a letter that was received from Dot Goodwin of the Women's Resource Center. Ms. Goodwin was requesting a donation from the Town. After discussion Greg Gage moved approval to earmark a $500 donation for the Women's Resource Center of Eagle County. The motion was seconded by Sheila Davis and was unanimously carried. The Mayor reported on the letter he had received from Catherine Street from the Sandstone Creek Club which refers to the advertising in the buses and the negative response of the Planning and Zoning Commission. Discussion followed. After discussion A.J. Wells moved to request, through Clint Watkins, that the Planning and Zoning Commission respond to the letter in a factual and professional manner, to authorize the refund of the $200 deposit and that a copy of the response letter be delivered to the Council. The motion was seconded by Sheila Davis and was unanimously carried. The Mayor stated a letter was received from Bob Komives of Plum Street Professional Consultants. The Town Manager stated that there was a meeting scheduled for November 28th. The Mayor stated that their letter indicates that the contract becomes null and void because the Town violated the intent. Councilman Wells stated that the only reason for withholding the $1,000 was leverage to have Plum Street re-write the Goals and Objectives. When they are satisfactory, then they would receive their $1,000. A lengthy discussion followed. Greg Gage moved approval to pay Plum Street Consultants the $1,000 that the Council witheld in addition to their retention with the understanding that staff would clear up the Councils concerns. The motion was seconded by Al Connell. Discussion followed. After discussion the motion and the second was withdrawn. Don Buick moved to table this matter until after the meeting of the 28th, and to report on the meeting of December 13th. The motion was seconded by A.J. Wells. Discussion followed. Don Buick moved to amend his motion to give the Town Manager the Authority to pay Plum Street the $1,000 assuming this matter was worked out to his satisfaction. The amended motion was seconded by A.J. Wells and was unanimously carried. - 7 - • Peregrine Propoerties Project was next presented to the Council. Be it noted that Greg Gage stepped down because of a conflict of interest. Greg Gage asked why this matter was not presented to the Council as a Public hearing. The Town Manager stated that he had not received a formal request from Peregrine stating such. He stated that the plat and documents were never received for review. Rick Larson, Project Manager for Peregrine Properties, approached the Council. Mr. Larson was requesting approval of the Preliminary Plat for Peregrine Village Condominiums and also an extension on the 1980 Design Review Board approval to May 21, 1984. After discussion Don Buick moved approval of the letter that was prepared by John Dunn dated November 22, 1983, with the addition that mention be made that the Council has extended the approval of the Design of the Peregrine Project until May 21, 1984. The motion was seconded by Al Connell. Discussion followed. Don Buick amended his motion that the letter be amended that was prepared by John Dunn to include the extension of approval granted May 21, 1980, which expired May 21, 1982, is extended to May 21, 1984. Furthermore, this extension therefore negates having any requirement at this time for Preliminary Plat approval. The amended motion was seconded by Al Connell and was unanimously carried. It was stated that at the time of Certificate of Occupancy the applicant needs approval for the preliminary plat and final plat of the project. Don Buick moved that Peregrine indemnify the Town in the event the loan does not close for the fees expended by Tyree and Associates. The motion was seconded by Larry Kumpost. A letter would be forthcoming from Peregrine in regard to the above. The motion was unanimously carried. Don Buick moved to authorize the Building Department to issue a building permit and defer the payment of fees until the time of closing. The motion was seconded by A.J. Wells and was unanimously carried. The Financial Matters were next presented to the Council A.J. Wells moved to receive items #1 through #10. The motion was seconded by Al Connell and was unanimously carried. Sheila Davis moved approval of the General Fund Accounts Payable for November 22, 1983. The motion was seconded by Al Connell and was unanimously carried. Sheila Davis moved approval of the Debt Service Fund, The Lift Fund, -8- 9 Transit Fund, Mall Maintenance Fund, Public Works Fund, Capital Projects Fund Accounts Payable of November 22, 1983. The motion was seconded by Don Buick and was unanimously carried. A.J. Wells moved approval of the Reconciliation Sheet of Accounts Payable of November 22, 1983. The motion was seconded by Don Buick and was unanimously carried. The minutes of the November 8, 1983 Council meeting was next presented to the Council. Don Buick moved approval of the November 8th minutes. The motion was seconded by Sheila Davis and was unanimously carried. Norm Wood reviewed with the Council a proposed basic Town Map. He stated that there have been many requests for a map of the Town of Avon. He felt it may be a good idea to have a map of a manageable size so we could have them to distribute tc, the public. He stated possibly to have a map done in black and white and reduce it to a 17 x 22 inch size and outline the major public facilities in the area. The cost to prepare this map, would be approximately $200. Don Buick moved to have Norm Wood proceed and that Council would review the proposed map at the December 13th Council Meeting and make a decision at that point. The motion was seconded by Al Connell and was unanimously carried. The Bus Advertising was discussed. It was agreed to discuss this matter at the December 13th meeting. It was stated that the Personnel Policies and Procedures would be handed out to the employees in the next week. Don Buick moved that Council write a letter to all the members of the Planning and Zoning Commission that the Council is concerned about the attendance and will continue to monitor attendance records. Don Buick moved to continue this meeting until November 29th, 1983, at 7:30 p.m. The motion was seconded by Al Connell and was unanimously carried. -9- • 0 Greg Gage moved to cancel the December 27th Council Meeting because of the holidays. The motion was seconded by Don Buick and was unanimously carried. Council recessed the meeting at 11:14 p.m. -10- The Mayor called the meeting This was a continued meeting were: Larry Kumpost, Sheila and Don Buick. Also present Manager Richard D. Blodgett 0 to order at 7:40 p.m., November 29,1983. of November 22, 1983. Those present Davis, Greg Gage, A.J. Wells, Al Connell were: Town Attorney John Dunn, Town and Building Administrator Dick Evans. The Mayor stated that the main item in the discussion for this meeting would be the Peregrine Properties Project. He stated that the letter from the Town Council to the Planning and Zoning Commission dated November 22, 1983, was considered at the Commission's Special Meeting of November 28th, 1983. Greg Gage stepped down because of conflict of interest. Mr. Gage approached the Council on behalf of PPL Development Corporation. He stated that basically the Planning and Zoning Commission approved all of the conditions. There were nine conditions on the list of final approval back in May 21, 1980. The Town Manager stated that there were a couple of conditions: 1) was to check the open space and 2) the parking. Discussion concerning the roof material of the project followed. At that point the Council recessed to the Town Manager's office for a conference call with Peter and Dave Tyree of Tyree and Associates regarding the PPL Project. The Council reconvened at 8:20 p.m. Greg Gage stated that he would be taking a gamble if he were to ask for anything less than an unconditional permit. He stated that the foundation and structural are approved, that there were items that needed to be addressed on the plans, but all of those items have been addressed in a discussion of that day. He stated that Tyree and Associates do not see a major problem, its just time consuming to do all the window and door schedules and stated it's really a drafting problem. Mr. Gage requested that the Town consider issuing a building permit and that again they would agree in writing that the plans would be complete, and submitted to plan check and that PPL would do nothing on the site until the Town received the full approval, which would be in approximately two weeks. Mr. Gage stated that there were six lenders for this project. A lengthy discussion followed. A.J. Wells moved approval that Council issue a clean foundation and structural permit and a conditional architectural permit. The conditions is that the final plan check review be completed by Tyree and Associates that this permit be accompanied by a letter from the Mayor that expresses the Council's sincere interest in the project and the assurance that when the plan check is completed, the building permit "B" would be issued, that this letter be drafted by the Town Attorney and signed by the Mayor. The motion was seconded by Sheila Davis and was carried with Greg Gage abstaining. -11- 0 0 The White Annexation Parcel was discussed. The Town Attorney stated that if the Town proceeded with the annexation as presented, it would be presented only by adoption of the ordinance and a hearing need not be necessary. If Avon Road, including the railroad crossing, is to be part of the area to be annexed, notice and a public hearing would be required. Discussion followed. The Attorney recommended that in the future when annexation petitions are brought to the Town, the petition is required to be filed with the Town Clerk, the petition should be referred to the Council, and the matter should be set for consideration by the Council both in a study session and a regular meeting so that the first contact should be with the Council and not the staff. It was suggested that the Town Manager should relay to Terrill Knight the position of the Town on how the annexation map should be prepared. It was suggested that the Town pay for the survey, not to exceed $2,000, if the Town desires to bring that portion of Avon Road, U.S. #6 and the railroad crossing into the Town. It was agreed to proceed. Larry Kumpost moved to recess into executive session. The Council recessed at 9:40 p.m. The Council reconvened at 11:04 p.m. There being no further business to come before the Council Larry Kumpost moved to adjourn. The motion was seconded by Al Connell. The Mayor adjourned the meeting at 11:05 p.m. Respectfully Submitted I-- :T~ By Patricia J. D 60e, Town Jerk -12-