Loading...
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-