TC Minutes 02-10-1987• 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD FEBRUARY 10, 1987- 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 Emilie Harrison, Steve Miller,
Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present.
Also present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering/Community Development Norm Wood, Director
of Public Works, Parks and Recreation Larry Brooks, Chief of Police
Joe Olson, Planning Consultant Jim Lamont, as well as, members
of the press and public.
The Mayor called for Citizen Input. There being no one wishing to
be heard, the Mayor closed the public hearing.
The Council deferred Ordinance No. 87-1 until later in the meeting.
The Mayor then proceeded.
Second reading of Ordinance No. 87-2, Series of 1987, AN ORDINANCE
AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. This was
a public hearing. This ordinance was in regard to the new police
cars. Chief Olson requested that this ordinance be tabled until
the next regular Council Meeting that there were some potential
leasing problems with Colorado National Leasing on the particular
vehicles. He stated that negotiations were.continuing on this lease.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Councilman Miller moved to table ordinance No. 87-2, Series of 1987
on second reading until the next regular Council Meeting. The motion
was seconded by Councilwoman Harrison and was unanimously carried.
Second reading of Ordinance No. 87-3, Series of 1987, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF
SECTIONS 9.12.050, 9.12.060 AND 9.12.070 AS IT PERTAINS TO FALSE
IDENTIFICATION, POSSESSION OF LIQUORS BY UNDER AGE PERSONS PROVIDING
PENALTIES FOR VIOLATION THEREOF.
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The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Councilman Miller moved approval of Ordinance No. 87-3, Series of
1987 on second reading. The motion was seconded by Councilwoman
McRory. Those Councilmembers voting aye were: Emilie Harrison, Steve
Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis.
There were no nay votes. The motion was unanimously carried.
Second reading of Ordinance No. 87-4, Series of 1987, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION
OF SECTIONS 10.14.010 THROUGH 10.14.100 AS IT PERTAINS TO PARKING
AND IMPOUNDMENT OF VEHICLES.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
Councilman Watkins moved approve of Ordinance No. 87-4, Series of
1987 on second reading. The motion was seconded by Councilman
Miller. Those Councilmembers voting aye were: Emilie Harrison, Steve
Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis.
There were no nay votes. The motion was unanimously carried.
First reading of Ordinance No. 87-6, Series of 1987, AN ORDINANCE
ESTABLISHING NUCLEAR FREE ZONE IN THE TOWN OF AVON, COLORADO, AND
ESTABLISHING A PENALTY FOR VIOLATION THEREOF.
Councilman Miller moved approval of Ordinance No. 87-6, Series of
1987 on first reading. The motion was seconded by Councilman Watkins.
The Mayor opened the meeting for discussion.
Bob Taylor, area resident, approached the Council.
Mr. Taylor stated that he applauded the Council on the prompt action
of staff in preparing an ordinance for consideration on this important
issue.
Councilman Davis requested that a letter be drafted and sent to the
Public Utilities Commission indicating the concerns of the Town and
a number of groups of being unaware of the meetings the PUC were
holding on this issue. Council agreed.
There being no further discussion, the Mayor closed the discussion.
Those Councilmembers voting aye were; Emilie Harrison, Steve Miller,
Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were
no nay votes. The motion was unanimously carried.
Resolution No. 87-4, Series of 1987, A RESOLUTION APPROVING AS-BUILT
PLANS FOR THE WYNFIELD INN AT AVON, ON LOT 73/74, BLOCK 2, BENCHMARK
AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO AND VERIFYING THE
NUMBER OF FRACTIONALIZED RESIDENTIAL DEVELOPMENT RIGHTS UTILIZED BY
THE WYNFIELD INN.
Norm Wood stated that the As-Built Plan that was submitted for Wynfield
Inn at Avon met the intent outlined in the Administrative Procedure
for Fractionalized Projects and recommended Town Council approval to
officially document the number of development rights used by the project,
and to verify the use of 39 Fractionalized Residential Development
Rights in the development of 149 residential and accommodation units
in the Wynfield Inn at Avon.
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Councilman Miller moved approval of Resolution No. 87-4, Series
of 1987. The motion was seconded by Councilwoman Harrison and
was unanimously carried.
Resolution No. 87-1, Series of 1987, A RESOLUTION APPROVING SKETCH
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND
CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN.
Resolution No. 87-5, Series of 1987, A RESOLUTION APPROVING PRELIMINARY
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING CONDITIONS FOR
PROCEEDING TO FINAL PLAT.
Norm Wood stated that Resolution No. 87-1 was presented to the Council
at the January 13, 1987 meeting.. This proposed subdivision was a
subdivision of parcel 2 of Meyers Ranch annexation and was located
immediately west of the Sunridge II between Highway 6 and the D & RGW
railroad. Following a review of the sketch plan the Council tabled
action pending the receipt of additional materials and information.
He stated since then, the applicant has submitted a Preliminary
Plat along with a draft of the final plat. The Preliminary Plat show
two lots for development and a separate open space tract. Lot 1
contains 4.709 acres and a density of 90 Residential Development
Rights, or approximately 19 per acre. Lot 2 contains a total of
3.329 acres of which 1.200 acres is located within the Eagle River.
Fifty Residential Development Rights are proposed for the remaining
2.029 acres for a density of 24.6 Development Rights per acre. Tract
W was composed of the remaining 3.360 acres and was designated a
Public Open Space, Parks and Drainage.
Mr. Wood recommended approval of the Resolution for the Sketch Plan
and the resolution for the Preliminary Plan for Eaglewood Subdivision.
The Preliminary Plan approval was recommended with two conditions.
1. The final plat should include a provision for approval and
signature of the owner of the irrigation ditch easement.
2. Time frames for the conveyance of Tract W should be reduced. Staff
recommended conveyance with the recording of the final plat.
Glenn Palmer of Contra Ltd, approached the Council.
He reviewed the Sketch Plan and the Preliminary Plan with the Council.
There was discussion of the dedication of Tract W to the Town of Avon.
After discussion Council agreed to add to Section 2 of the resolution
No. 87-5, that the dedication or conveyance of Tract W to the Town of
Avon would be no later than April 1, 1997. Mr. Palmer also requested
that language be added, that permanent structures, other than bike
paths, would not be allowed within the thirty foot stream setback on
the south side of the river. Council had no problem with that request.
John Werner of Republic Investments, Inc. approached the Council.
Councilman Connell stated that he still had concerns of the lack of
materials and information in respect to where the project was located.
Mr. Werner stated that there had been supplements added to the brochure
packet, one was a overprint of the logo onto the unit floor plan sheet,
and the other included a Avon 4-color circular.
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Councilman Connell felt it was mis-leading and felt it was false
advertising.
Counciman Miller felt that it would not be fair to ask them to reprint
the brochure based on the amount of money it would cost. He felt
with the added supplements, they have done the best they could, and
would have to take their word that they are informing the perspective
buyers of where the project was located.
Councilwoman Harrison agreed.
Councilman Watkins stated that he was unimpressed with the effort.
After lengthy discussion the Council agreed that Mr. Werner add a
vicinity map and a description on the back side of the unit floor plan.
Councilman Miller moved approval of Resolution No. 87-1. The motion
was seconded by Councilwoman McRory and was carried with Councilmembers
Watkins and Connell opposing.
In respect to Resolution No. 87-5, Series of 1987, the Preliminary Plan
for Eaglewood Subdivision, a letter was received from the president
of Alpine Management Services, Inc. The management company manages
Sunridge II, which is located directly east of the proposed project.
The management company was concerned with the density and such problems
as, parking, trash accumulation, snow removal, noise, fireplace
emission, and privacy for residents.
After discussion Councilman Miller moved approval of Resolution No.
87-5, Series of 1987 based on the amendment to Section 2 of the
resolution. The motion was seconded by Councilwoman Harrison and
was carried with Councilman Watkins opposing.
The Town Attorney reported on the FSLIC motion. He stated that the
motion to dismiss all matters in connection with the Peregrine
Foreclosure was argued two weeks ago, and following argument the motion
was denied by Judge Hart. He stated that the litigation was still
in court in Eagle and still set for trial in May. Mr. Dunn stated that
he would attend the pre-trial conference on April 23, 1987.
He hoped that in June the Town could move forward with the foreclosure
process.
The Town Manager requested authorization to proceed with the Bond Issue
for the Shopping Center. He stated that he would meet with Bond Attorneys
and Linda Clark this week to discuss the structure of the Bond Issue
and the Schedule, and would have it to the Council by the next meeting.
Council authorized the Town Manager to proceed.
The Town Manager reported on the Chrisite Lodge Bus Service.
He stated that he was to meet with the Christie Lodge people this week
at their main offices in Denver. He would be negotiating the
principles with the management of Christie Lodge. He stated he would
need more time to evaluate this issue. No action was taken.
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The Town of Avon Logo was up for discussion. Chief Olson stated that they
were trying to come up with a logo for the police cars that would
be more identifiable. It was agreed to use the plain lettering for
the cars. Councilman Davis stated that the town needed to simplify
the logo, and felt it was too busy. It was suggested to look into
a new logo for the Town.
No action was taken.
The Town Manager reported on Strategic Planning and to establish goals
for the Town. Mr. James stated that Chuck Schwahn was scheduled
for the February 24, 1987 work session to discuss these proposed
guidelines with the Council.
No action was taken.
Norm Wood stated that the Planning and Zoning Commission and staff
have been working on some revisions to the Design Procedure of Rules
and Regulations. He provided the Council with a brief summary of
what the changes were between the existing regulations and the
proposed regulations. He stated that the intent of these changes was
not to change the process, but to provide more details and guidelines
for the Commission to review projects by.
After reviewing the changes, Councilman Miller moved approval of the
changes for the Design Procedures of Rules and Regulations for the
Planning and Zoning Commission. The motion was seconded by Councilman
Connell and was unanimously carried.
There was some discussion of the roadway between the Food and Deli and
the bank. It was stated that a some point, the access into the Deli
would be eliminated, and the entrance would be moved to the Beaver Creek
Place Road. Nothing could be done at the present until the roadway
was dedicated to the Town.
At that point the Council reccessed at 9:05 p.m. and reconvened at
9:20 p.m..
The Financial Matters were next presented to the Council.
Councilman Miller moved to receive items #1 through #10. The motion
was seconded by Councilman Connell and was unanimously carried.
Councilman Miller moved approval of the General Fund of Accounts Payable
for February 10, 1987. The motion was seconded by Councilwoman MrRory
and was unanimously carried.
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Councilman Watkins brought up the fact that the attorneys fees were
running much too high. Town Attorney John Dunn explained the reasons
why they were running high; litigations, shopping center, the court
being more active.
Councilman Miller moved approval of the Transit Fund of Accounts Payable
for February 10, 1987. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable. The motion was seconded by Councilman Connell and
was unanimously carried.
The minutes of the January 27, 1987 Council Meeting was next presented
to the Council. Councilman Connell moved approval of the January
27th meeting minutes as presented. The motion was seconded by Councilman
Miller and was unanimously carried.
The minutes- of the February 3, 1987 Special Meeting Minutes was next
presented to the Council. Councilwoman Harrison moved approval of the
February 3,'1987 as presented. The motion was seconded by Council-
man Miller and was unanimously carried.
The Mayor called for other business.
Councilman Miller acknowledged the efforts and work that was done.by
Larry Brooks and his crew on the Mountain Man Triathlon.
John Dunn requested that Council recess into executive session to
discuss negotiations on the shopping center. Councilman Connell so moved.
The motion was seconded by Councilman Davis.
Councilman Watkins felt that just stating negotiations for discussion
was too broad. He was not in favor of the executive session.
The Mayor called for a vote on the motion. The motion was carried with
Councilman Watkins opposing.
The Council recessed into executive session at 9:28 p.m. and reconvened
at 10:00 p.m.
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Second reading of ordinance No. 87-1 Series of 1987 was then brought
before the Council. The Town Attorney stated that there were two
recommendations to the Council.
1. That Council not proceed any further by ordinance with respect to
the shopping center. He stated that when the Town initialy entered
into this matter, the agreement was considered, and had the ordinance
been adopted, it would have been authorized by ordinance. The Town
was initialy dealing with a situation where the Town would be binding
the subsequent Council, and dealing with an obligation for the Town
to purchase the portion of the property for parking and would have
extended beyond the end of the fiscal year. He stated that those
considerations caused the obligation of the Town to be a debt in the
constitutional sense, a debt that had to be authorized by ordinance.
He stated that the situation had changed in the last several days.
Mr. Dunn stated that since there would be a Bond Ordinance, there would
be no real reason to continue to proceed with the matter by ordinance.
2. Mr. Dunn stated that the second recommendation was that the Council
approve and authorize signature of the Agreement by the Mayor, which
had been submitted with certain changes.
The Town Attorney then described the subsitive changes with the Council.
1. Change, "Simanski Partnership", to "Palmer/Simanski Partnership."
2. To designate Wal-Mart as the anchor store, rather than, anchor tenant:
3. To permit termination of the agreement without any forfeiture,
in other words, with a return of a full deposit in the event the developer
fails to secure Wal-Mart as the anchor tenant.
4. There would be an addition to paragraph D, under Section 12.
"Whereby the developer would agree to reimburse the Town the cost of
issuance of the bonds in the event a Certificate of occupancy for the
anchor tenant is not obtained in accordance with the agreement. The
costs of issuance shall be determined after deduction of interest earned
on investment of bond proceeds, and after the addition of interest
occurred on the bonds. He stated that in order to secure such
obligation the developer shall deposit with the Town a amount of
$35,000 upon second reading of the Town's Bond Ordinance. Further,
the $100,000 deposited in connection with this agreement shall remain
at risk to cover issuance costs. The additional $35,000 additionally
paid would be returned to the developer upon closing of the bonds.
5. Section 9, paragraph B, would be qualified to allow the addition
of a lender as a equity participant.
6. Section 9, paragraph C, would be qualified to allow sale of a portion
of Tract B to Wal-Mart without the consent of the Town.
7. Page 11, paragraph B, under Section 10. The proviso would be
deleted so that in the event of foreclosure, there would be no obligation
whatsoever on the closing lender.
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Councilman Connell moved to table ordinance No. 87-1. The motion was
seconded by Councilwoman McRory.
Councilman Watkins questioned the fact that ordinance 87-1 was repealing
ordinance 86-19, and asked the attorney if that should be accomplished
at some point of time.
The Town Attorney agreed.
At that point, Councilman Connell withdrew his motion. Councilwoman
McRory withdrew her second.
Mr. Dunn recommended the Council to amend ordinance 87-1, by amending
the title, to delete everything after, "repealing ordinance No.86-19,
delete all the recitials, delete section 2.
Councilman Miller so moved. The motion was seconded by Councilman Connell.
Steve Simanski then reviewed the progress they had made over the last
two weeks with the Council.
The Mayor called for a roll call vote. Those Councilmembers voting aye
were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al
Connell and Jerry Davis. There were no nay votes. The motion was
unanimously carried.
Councilman Miller moved to authorize the Mayor to executive the Agreement
distributed after the redrafting of the changes as noted by Counsel.
The motion was seconded by Councilman Connell and was unanimously
carried.
There being no further business to come before Council, Councilman Miller
moved to adjourn. The motion was seconded by Councilman Watkins.
The meeting was adjourned by Mayor Nottingham at 10:20 p.m.
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