TC Minutes 03-24-1987• r
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD MARCH 24, 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
7:55 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 and Parks and Recreation Larry
Brooks, as well as, members of the press and public.
The Mayor called for Citizen Input.
The Mayor stated that the Council had received a petition from
the residents of Wildridge requesting cable service to that area.
Gene Larson, General Manager of Heritage Cable Television Company,
approached the Council. He stated that they roughly estimated
the cost for the service to that area to be approximately
$66,000 to serve the twenty homeowners in the remainder of
Wildridge, that is, not to make the whole remainder area service-
able. He stated that unfortunately it does not compute. It
would be a forty year pay back. He stated that the Franchise
Agreement does not require any density requirements. Mr. Larson
stated that there has been another meeting set for-April 8, 1987.
At that time Heritage would have a total estimate of all the area.
Mr. Larson stated that Heritage has approached Benchmark Companies
on two different occasions to work with them, similar to Mountain
Bell, to help with some of the up front costs of construction, and
then as the area developed, there would be a pay back scenario on
a per unit basis. He stated that Heritage could not attract
Benchmark's interest.
He stated that most of the twenty homeowners were not in the signal
pattern.
Councilman Davis stated that he appreciated Mr. Larson coming in to
discuss the problem with the Council, and symathized with him.
The Mayor thanked Mr. Larson for coming.
No action was taken.
There be-ing_no-one-else wi:shi.ng-.to-be-heard, the Mayor closed the
discussion.
• 0
Second reading of Ordinance No. 87-7, Series of 1987, AN ORDINANCE
AMENDING SECTION 8.20.020 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON AS IT RELATES TO EMERGENCY RESPONSE AUTHORITY DESIGNATION.
Councilman Miller moved approval of Ordinance No. 87-7, Series of
1987 on second reading. The motion was seconded by Councilwoman
McRory. The Mayor opened the meeting for public hearing. There
being no one wishing to be heard, the Mayor closed the public hearing.
The Mayor called for a roll call. Those Councilmembers voting aye
were: Emilie Harrison, Steve Miller, Clint Waktins, Gloria McRory,
Al Connell and Jerry Davis. There were no nay votes. The motion
was unanimously carried.
First reading of Ordinance No. 87-9, Series of 1987, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON
BY THE INCLUSION OF CERTAIN PROPERTY KNOWN AS NOTTINGHAM STATION
SUBDIVISION. This ordinance established zoning for the Nottingham
Station/Stockyard property, which is in accordance with the
Annexation Agreement previously approved by the Town Council.
The Planning and Zoning Commission held a public hearing on the
requested zone change at the February 18, 1987 meeting. At the
conclusion of the hearing, the Commission adopted Resolution No.
87-8, recommending Town Council approval of the requested zone change.
Mr. Wood recommended a change to the ordinance.
Page 2, 1. Amendment to Zoning District Map. Change the sentence to
read,"The Zoning District Map of the Town of Avon shall be and hereby is
amended to reflect that Nottingham Station Subdivision is hereby zoned
as follows". He stated that the description that followed--wou-Id
then be in line.
There was discussion of the words, "Public Open Space", which Council
thought should appear on the map for Tract A.
Mike Blair, Land Planner, representing the applicant, approached the
Council. Mr. Blair stated that it was requested by the applicant,
and generally recognized by the Council, that those tracts designated
as open space, would be dedicated to the Town as Public Open Space when
the roadway was accepted by the Town of Avon.
Notices of the public hearing were sent to the adjacent property
owners.
Councilman Connell moved approval of Ordinance No. 87-9, Series of
1987 on first reading. The motion was seconded by Councilwoman
Harrison. Discussion continued on the concern of Public Open Space
for Tract A. Mr. Blair stated that if it took a separate instrument,
they would be willing to submit one.
The Town Attorney stated that the Final Plat would have to be before
the Council at the time of second reading of the ordinance.
The ordinance could not be adopted on second reading until the Final
Plat was approved.
The Mayor called for a roll call. 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.
-2-
0 •
Resolution No. 87-8, Series of 1987, A RESOLUTION RECOMMENDING AVON
TOWN COUNCIL APPROVAL OF A ZONE CHANGE REQUEST FOR A PORTION OF
THE EAST HALF OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST
OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Norm Wood reviewed the Preliminary Plat with the Council. Mr. Wood
recommended that the Resolution be approved subject to:
1. Adoption of the applicable annexation and zoning ordinances;
2. Submission of an acceptable Subdivision Improvements
Agreement; and
3. Provisions for public improvements fully addressing
drainage and utilities, including construction details
and additional easements if required.
Councilman Miller moved approval Resolution No. 87-8, Series of
1987. The motion was seconded by Councilman Watkins and was
unanimously carried.
The Town Attorney report was next presented to the Council.
Mr. Dunn requested a motion from Town Council to authorize Appeal
of the Order entered in Civil Action #86CV420 District Court for
Eagle County on March 18, 1987.
Councilman Watkins so moved. The motion was seconded by Councilman
Miller and was unanimously carried.
Mr. Dunn submitted Resolution No. 87-9 for Council's consideration.
This resolution did not appear on the agenda. The Town Attorney
reviewed the resolution with the Council.
He stated that the resolution recites the Order of the District
Court for Eagle County Case 86CV420 on March 18, 1987. The intent
of the resolution was to return the property described in the
resolution, which is Avon Center at Beaver Creek, the commerical
areas thereof, to the Assessment Roll in connection with the Town
Center Mall Improvement District established in 1981. The resolution
provides for the giving of Notice to the owner of such tract, and
provides for a hearing on the restoration of that property, to the
Assessment Roll. He stated that the resolution further directs the
Town's engineer to report to the Council at that time, the amount
which should be born by such tract so omitted, and to make a
new Assessment Roll in an equitable manner, and finally the resolution
provides that at the conclusion of the hearing, the Council shall
consider the matter as though the tract had been included upon the
original roll and may confirm the same by ordinance, and by ordinance
order and to make a new assessment or reassessment upon such tract.
After some discussion the Council set the hearing for April 28th,
1987. Councilman Harrison moved approval of Resolution No. 87-9. The
motion was seconded by Councilman Miller and was unanimously carried.
-3-
• •
Mr. Dunn reported on the Christie Lodge Bus Service. He reviewed the
history of the matter that lead up to the current concern of the bus
service and the unpaid payment of $40,000 in taxes.
Mr. Dunn recommended that no more than the 1983 level of bus service
should be provided to Christie Lodge, and recommended Council should
go back to that level that was provided by the three 25 passenger buses.
He stated that the Council should also consider an increase in the
tax to cover the short fall caused by the failure of Christie Lodge
to collect the fees. He stated that he was not specifically recommending
that the Town engage in litigation to collect those fees, although,
under the Subdivision Improvements Agreement US Home and the Owners
Association of Western States could all be held liable for the short
fall since there was an agreement with US Home that the Town would
be paid those fees. The Agreement, as far as he was concerned,
was breached.
He did not recommend that course of action because it would be expensive.
Mr. Dunn also recommended that the Town not repudiate the 1984
settlement agreement as discussed earlier. He felt that any breach by
the Town of that agreement could subject the Town to liabiliCy.
After discussion Councilman Miller moved to accept John Dunn's
recommendation based on his memorandum of March 13, 1987, and he felt
it was the logical pre-litigation step. The motion was seconded by
Councilwoman Harrison. It was agreed to amend the ordinance 86-27
to raise the rate. The Mayor called for a vote. The motion was
unanimously carried.
Mr. Dunn reported on another brief matter, the unresolved issue of the
reimbursement of attorneys fees and the level of insurance at this time,
being provided by International Surplus Lines Insurance Company. He
then reviewed the history of the matter with the Council, and that the
matter stemmed from the McAdams/Wilson law suit. The insurance
company still has not paid any attorneys fees for defending the McAdams/
Wilson law suit.
Mr. Dunn stated that the matter would be before Judge Jones on stipulated
facts next week, March 27th, 1987, and a brief hearing following, would
probably be a ruling. He had hoped that he could have an answer before
the hearing takes- place- and have it taken care of in a equible fashion.
The next matter was the discussion on the Homestake II - 1041. The
Town Manager stated that at the last meeting, the Council directed
staff to take party status in the Homestake II-1041 review, and the
public hearing that would be coming up in April. A letter was sent
by Mayor Nottingham requesting that the Town of Avon take party status,
and also requested continuing the public hearing to the maxible allowed
time, which was sixty days.
-4-
•
Councilman Connell felt that the Council should emphasize the impact
that it would have on Avon.
The Town Manager reported on the Strategic Planning sessions.
He stated that he would like to meet with various area groups to
receive their input, and then possibly look at a date toward
the end of May for an all day session. He would like to have
the groups come in the morning and discuss their input on goals
and objectives for. Avon,and then use the afternoon session to
summarize what the Council felt their goals and objectives were, and
what strategic issues the Council should be pursuing.
The Shopping Center Development Agreement was next presented
to the Council. Mr. James stated that this was a new agreement,
that he felt should come back to the Council for authorization for
the Mayor to execute. He stated that the major changes were
high-lighted by the underscoring. He stated that the most important
impact was on page 2, Section 2, 2nd line, "The Town shall be
obligated to purchase Tract A for a purchase price not to exceed
$1,750,000.00. This was changed from the original amount of $1,500,000.00.
Also, "Such purchase price shall be paid in installments of
$875,000 upon issuance of said Certificate of Occupancy and $875,000
upon opening of the anchor tenant's business.
He stated that basically the rest of the agreement was the same
except for the Schedule of Performance, which was as follows:
3/24/87
Execution of this agreement
and delivery of
balance of
deposit
5/24/87
Commitment
for anchor tenant
6/01/87
Commitments
satisfactory to
the Town for
financing
8/15/87
Closing on
the property/star
t of construction
12/15/87
Certificate
of Occupancy for
anchor tenant and
support sho
ps as defined in
Recital A(2)and
parking on
Tract A completed
triggering $875,000
payment for
parking
Allan Fair with Boettcher and Company, approached the Council. Mr.
Fair discussed the bonding of the shopping center. He stated
that Boettcher would like to see some sense of firmness on the
part of the developer and of Wal-Mart to do the project, so when
they issue bonds, there would not be an extra call used or needed.
According to Mr. Szymanski, they would have entered into the land
contract by May 15, 1987. He stated that they would like to start
marketing the bonds some time after May 15th.
Discussion followed.
It was stated that the legal aspects could be taken care of
now, such as, the bond ordinances, and the other initiation aspects
would not take place until the Town would sign an agreement with
Boettcher, or to give the go ahead as long as the bonding company
knew the Town was acting in good faith.
-5-
U
0
There was a change on page 1, in the Recital(2), 4th line, after the
word,"shops", change to read, "and not less than 15,000 square feet of
commercial space".
Councilman Watkins stated that when this shopping center discussion
started, it was to open by the 87-88 ski season, and the Town would
start collecting sales tax then, and now there would be no sales tax
with the extension of the ninety days by the developer. He felt the
Town's purchase of Tract A for $1,750,000.00 should be reduced back
to $1,500,000.00, which was the original purchase•.~price.
Councilman Davis disagreed.
Mayor Nottingham stated that the Council should move ahead.
Councilman Connell had concern of the Town reserving parking for Wal-
Mart that the Town was paying for. He stated he was willing to say
that nothing would be built on the land for twenty years, but not in
perpetuity.
There was concern of the maintenance of the parking lot and who would
maintain it.
Discussion followed in regard to Tract A.(It is a floating Tract).
The Town Attorney stated that it would be part of the planning process,
and that it was authorized by the Council at the first meeting of
February. Mr. Dunn stated that the agreement could not be redone at
this point of time, because the Town had agreed to the document except
for a couple of changes.
It was requested that pages 14 and 15, C-1 and 2 be reviewed by the
Town Attorney.
Councilman Watkins moved to insert a provision that Wal-Mart maintain
Tract A. The motion was seconded by Councilman Connell. The motion
carried with Councilman Miller opposing.
Councilman Davis moved to authorize the Mayor to execute the agreement
between the Town of Avon and Palmer Development Company with the
discussed changes and corrections, and to have the Town Attorney review
the agreement one final time. The motion was seconded by Councilman
Connell and was unanimously carried.
The Mayor reported on the American Ski Classic. He gave a brief
overview of his participation in the American Ski Classic.
The Financial Matters were next presented to the Council.
Councilman Miller moved to accept items #1 through #4. The motion was
seconded by Councilwoman Harrison and was unanimously carried.
Once again.the attorney fees were discussed.
Councilman Connell that the Town Manager look
and see what they encounter for attorney fees.
It was requested by
into other communities
-6-
•
Councilman Miller moved approval of the General Fund of Accounts
payable for March 24, 1987. The motion was seconded by Councilwoman
Harrison and was unanimously carried.
Councilman Miller moved approval of the Transit Fund of Accounts
Payable for March 24, 1987. The motion was seconded by Council-
woman Harrison and was unanimously carried.
Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable for March 24, 1987. The motion was seconded by
Councilwoman Harrison and was unanimously carried.
The minutes of the March 10, 1987 Council Meeting was next presented
to the Council. Councilman Miller moved approval of the March
10th Council Meeting Minutes as presented. With a correction of a
typographical error, the motion was seconded by Councilwoman
Harrison and was unanimously carried.
The Mayor made recognition of Officer Lee Wilson's resignation which
was effective March 24, 1987. He was taking the position of
Chief of Police in Minturn.
The Council complimented the staff on the good job well done on the
Mayor's Cup Race.
The Mayor stated that in regard to State Budget Action that would
be affecting municipalities, he felt that the Council should be
concerned of the funds that the State Budget Action was proposing to
reduce.
There being no further business to come before the Council, Councilman
Miller moved to adjourn. The motion was seconded by Councilman
Connell. The meeting was adjourned by Mayor Nottingham at 10:22 p.m.
-7-
APPROVED:
0 0
-8-