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TC Minutes 10-23-1984• 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD OCTOBER 23, 1984 - 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 Pro Tem Sheila Davis at 7:30 p.m. A roll call was taken with Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick present. Mayor Allan Nottingham was absent. Also present were Town Attorneys John Dunn and Art Abplanalp, Town Manager Bill James, Building Administrator Dan Fogland, Director of Public Works Norm Wood, Chief of Police Joe Olson, as well as members of the press and public. The Mayor Pro Tem called for Citizen Input. Don Welch, candidate for County Commissioner for District #2 approached the Council. Mr. Welch reviewed his platform with the Council and the public. He stated one of his big pushes in County Government was one of business. He stated he could bring certain business practices and principles to County Government. He stated taxes were too high in Eagle County, because of Special Districts. He felt that the Special Districts should be made to account for their particular mill levies. He stated that another issue was water. The Front Range Cities will be going through the 1041 process shortly, which is a process of establishing a type of land use restrictions. He stated that, since these Front Range Cities are Home Rule, they state that Eagle County does not have any right to comment on these restrictions. Mr. Welch stated that that was totally wrong. After discussion, the Mayor Pro Tem thanked Mr. Welch for coming. Second reading of Ordinance No. 84-11, Series of 1984, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. This was continued from the October 9th Council Meeting. The Town Attorney stated that he and the Town Manager had worked out a Sub Lease Agreement with Beaver Creek Transit (BCT). He stated that, between the two entities, they had come up with a Sub Lease Agreement. Mr. Dunn stated that, after reviewing • • the last draft, he had made a couple of changes which should be acceptable to Beaver Creek Transit. He stated that he was satisfied with the Sub Lease Agreement as long as BCT agreed to the changes. Be it noted that item 7A of the agenda was moved up with Ordinance No. 84-11 so that it would coincide with the ordinance when action was taken by the Council. The Town Manager stated that the Agreement between Vail Associates and Beaver Creek Resort Company states that Vail Associates was guaranteeing the Debt Service, as well as guaranteeing cash flow for Beaver Creek Resort Company. The Town Attorney stated that the bank had asked for some sort of guarantee by Vail Associates. The Resort Company responded by delivering to the bank the Agreement which states and gives a cash flow guarantee. Councilman Watkins stated that if Avon was relying on VA to guarantee Lease payments, it should so indicate on the Agreement and the Agreement should be signed by VA. Mr. James stated that VA should not be brought into the Sub Lease Agreement because of tax impacts on VA. Mr. James suggested that the Agreement between Vail Associates and Beaver Creek Resort Company be attached to the Sub Lease Agreement and that it be part of the Sub Lease Agreement. Councilman Buick agreed and stated that that should be sufficient. A.J. Wells moved approval of Ordinance No. 84-11, Series of 1984, on second reading. The motion was seconded by Don Buick. Discussion followed. Councilman Watkins stated that, with the Council approving the ordinance, it would be approving the Town leasing a bus and also an additional two buses sub-leased by Beaver Creek Transit. He felt that the Council should be talking about this in connection with the Budget. He stated that, looking at the projections of the Transportation Budget, this would just make the Budget mushroom. He felt that the Town did not need another bus at this time. Councilman Watkins moved to amend Ordinance No. 84-11, to delete Addenda I from the Ordinance. The motion died due to lack of a second. The Mayor Pro Tem called for a roll call vote. Those Councilmembers voting "aye" were: Steve Miller, A.J. Wells, Al Connell, and Don Buick. Those Councilmembers voting "nay" were: Clint Watkins. The motion carried by a 4 to 1 vote. The Sub Lease Agreement was then presented to the Council. A.J. Wells moved approval of the proposed Sub Lease with Beaver -2- • Creek Resort Company, doing business as Beaver Creek Transit, with the changes on page 2, deleting "the Town shall be responsible for payments to CNL", and adding, to the end of the second sentence, "which payments shall be remitted to CNL by the Town"; and changing "Acknowledged and Accepted" to "Agreed to". The motion was seconded by Don Buick, and was unanimously carried. Second reading of Ordinance No. 84-12, Series of 1984, AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 9 OF THE TOWN OF AVON, COLORADO, REGULATING THE ACTIVITIES OF TRANSIENT DEALERS WITHIN THE TOWN. The Mayor Pro Tem opened the meeting for Public Hearing. There being no one wishing to be heard, the Mayor Pro Tem closed the public hearing. A.J. Wells moved approval of Ordinance No. 84-12, Series of 1984, on second reading. The motion was seconded by Steve Miller. Those Councilmembers voting "aye" were: Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion was unanimously carried. First reading of Ordinance No. 84-13, Series of 1984, AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Art Abplanalp approached the Council. He reviewed and discussed this ordinance with the Council. The Council went into lengthy discussion on the definition of an Accommodation Suite. Councilman Wells stated that he was in favor of removing the thirty day limitation in Section 17.22.030, and also removing the controls over subdivisions in this ordinance. He stated that the way hotels are run today, a hotel is registered as a security and then it is subdivided into a hundred rooms. Mr. Wells stated that this ordinance prohibits this. The Council suggested deleting the last sentence of Section 17.22.030. After lengthy discussion, Mr. Abplanalp suggested that, since the Council was not satisfied with Ordinance No. 84-13, it be redrafted. Don Buick stated that there were obviously a lot of concerns with this ordinance. He moved to table Ordinance No. 84-13, and that this discussion be scheduled on the November 13th work session with the Planning and Zoning Commission, the public, and the Council. -3- • • The motion was seconded by Al Connell, and was unanimously carried. Mr. Chuck Betcher, with Vail Mountain Rescue, approached the Council. Mr. Betcher stated that he was before the Council to follow up on an application that was started by Steve Miller. Mr. Betcher reviewed the Rescue Group's program with the Council. He stated that the group consists of twenty-five people at this time. He stated that the National Mountain Rescue Association Conference would be held in Colorado in 1985. He stated that it would bring in approximately 300 to 400 people from all over the country. Most of the training sessions would be held at Camp Hale. Mr. Betcher was requesting a contribution of $1,000 from the Town of Avon. The Mayor Pro Tem thanked Mr. Betcher for his presentation. Resolution No. 84-43, Series of 1984, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1985, AND ENDING ON THE LAST DAY OF DECEMBER, 1985. The Town Manager stated that this was a preliminary budget, that the Council was not finished with the budget review process at this time. He stated that there would be amendments to the budget, but it was necessary to certify the Mill Levy at this time. A final budget hearing would be set up, possibly the last meeting in November or the first meeting in December. Clint Watkins felt that the budget should be discussed before the adoption of the Resolution. Councilman Wells stated that he would prefer to discuss the amendments to the budget at a later date. He stated that the Charter requires that the Mill Levy be Certified before November 1st. A.J. Wells moved approval of Resolution No. 84-43, Series of 1984. The motion was seconded by Don Buick and was carried, with Clint Watkins voting "nay". Resolution No. 84-42, Series of 1984, A RESOLUTION TO SET MILL LEVIES FOR 1985 BUDGET, LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1984, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 1985 BUDGET YEAR. Don Buick moved approval of Resolution No. 84-42, Series of 1984. -4- • The motion was seconded by Clint Watkins, and was unanimously carried. Resolution No. 84-44, Series of 1984, A RESOLUTION IN APPRECIATION OF DAN SUNDAY FOR HIS SERVICES TO THE TOWN OF AVON. The Resolution was read in its entirety by the Mayor Pro Tem. Don Buick moved approval of Resolution No. 84-44, Series of 1984. The motion was seconded by Steve Miller, and was unanimously carried. The Intergovernmental Agreement between the Town of Avon and the Avon Metropolitan District was next presented to the Council. Be it noted that Steve Miller stepped down because of Conflict of Interest. The Agreement was in regard to Fire Inspection Services. The Town Attorney stated that this Agreement was prepared back in February, and deals with inter-relationships between the Town of Avon and Avon Metro. The purposes of the Agreement were to establish the guidelines for the Town Administration's enforcement of fire codes, to establish the cooperation of the Town's Police Chief and services of the Town's Police Department, and to provide for indemnification of the Town by the Metro District with respect to the services in effect that would be performed by the Town for the benefit of Avon Metro. Councilman Wells stated that each indemnifies the other. The Town Attorney stated that the purpose of cross indemnification would be to require the party who had been negligent to bear the expense, each party, of course, being insured. He stated that the Agreement provides that the Town shall require submission of plans demonstrating compliance with the Town's fire code, it precludes the Town from issuing a building permit other than foundation permits for any structure unless the plans were approved by the Fire Chief, it precludes the Town from an issuance of a Final Certificate of Occupancy without the approval of the Fire Chief, and it provides for the Town's enforcement of the fire codes and ordinances dealing with fire protection, on complaint of the Fire Chief. He stated that this Agreement draws everything together and provides the cross indemnification, particularly the indemnification coming from Avon Metro. Councilman Wells had concerns. He stated that the Fire Chief works for Eagle Vail Metro as an employee, Eagle Vail is contracted to provide fire protection services, so why should Avon Metro indemnify the Town against something an employee of another -5- 0 9 0 0 entity might do negligently? Also, being that the Fire Chief is a Councilman, the Town should indemnify Avon Metro. Discussion followed. Clint Watkins moved to table the Intergovernmental Agreement until the Town Attorney had a chance to look into some other language. The motion was seconded by Al Connell, and was unanimously carried. The Fire Chief stated that the original intent of the Agreement was to assist in enforcing the codes. Discussion followed. Al Connell suggested that the Agreement be discussed in a work session. The motion was seconded by Don Buick, and was unanimously carried. Councilman Miller resumed his seat. The Mayor Pro Tem stated that Mayor Nottingham had proclaimed the week of November 13-20, 1984, as HIGHER EDUCATION WEEK. Don Buick moved to authorize the Town Manager to appeal the Re- gional Forest Service designation to allow recreational uses and the land changes that were taking place. The motion was seconded by Steve Miller and was carried, with A.J. Wells, Al Connell, and Clint Watkins abstaining. The Town Attorney commented on the letter from Sheriff A.J. Johnson on the subject of Mutual Aid. He stated that there had been discussion in the past on preparation of an Agreement, between the Town of Avon and the County, on Mutual Aid. He stated that Sheriff A.J. Johnson had raised a question as to whether or not an Agreement was necessary. The Town Attorney reviewed the letter from Sheriff Johnson, dated October 17, 1984, and also reviewed the attached portions of the statutes in regard to Mutual Aid. The Attorney stated that it would be desirable to have these relationships in writing, even though the relationships have existed for a long time. He stated that the statute does envision an actual Agreement and therefore recommended to the Council that an Agreement be prepared and signed. Discussion followed. The consensus of the Council was to pursue the Mutual Aid Agreement. -4° 0 0 The Town Attorney reported on the Blodgett litigation. He stated that he had a conversation with Mr. Blodgett's Attorney, Stan Damas. He stated that he and Mr. Damas felt that the terms of settlement were so far apart, there was no need to pursue final settlement negotiations at this time. He stated that the law suit would proceed. Mr. Dunn stated he had served Mr. Damas with interrogatories that had to be answered by Mr. Blodgett and, to date, they have not been answered. Mr. Dunn informed the Council that depositions (questions under oath) would be taken from the four Councilmembers involved plus himself. He stated that this could be done in the future, on any Council work shop Tuesday. Norm Wood reported on the Avon Town Center Mall. Mr. Wood recommended that the Mall Improvements project be shut down except for some minor work, such as the drainage and the catch basins. He stated that he had reviewed this recommendation with Peregrine and they seemed to be in agreement to wait until next spring to complete the improvements project. Mr. Wood recommeded that a letter be sent to the contractor authorizing the shutting down of the project until spring. Clint Watkins so moved. The motion was seconded by Steve Miller, and was unanimously carried. Mr. Wood reported on the thermostats in the Municipal Building. He stated that he had conversed with Dave Yoder, of Yoder Engineering, in regard to the installation of the proper thermostats and had asked him if it were part of the project. Mr. Yoder informed Mr. Wood that it was not part of the project that was being done. Mr. Wood stated that he had received estimates and preliminary plans from Mr. Yoder showing how the old thermostats could be changed, changing the heat controls from the baseboard type to the wall type controls. The estimate was approximately $300 per zone. There being seventeen zones in the downstairs area, the total job cost would be approximately $4,500 to $8,500. Mr. Wood stated that the thermostats that were installed when the building was constructed were not the proper ones. He stated that Dave Yoder had been in contact with the contractors, but to no avail. Mr. Wood recommended that the Town Attorney review the situation with Dave Yoder and possibly prepare a letter to the contractor, requesting that the present thermostats be replaced with the proper ones. If that were done, possibly $1,200 to -7- 0 9 $1,500 of the total job cost could go toward the cost of the wall thermostat controls. Councilman Miller had a concern with the snowplowing being done in a couple of areas of Avon. He asked if there was any way the driver could be made attentive to roadway areas and not the grass areas. The two areas of concern were the corner of the Fire Station in Wildridge and the curve by the Town Mall. Mr. Wood stated that where there is landscaping right to the road, it is very difficult, especially with the tight turns. The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #9. The motion was seconded by Steve Miller, and was unanimously carried. It was requested that the staff check on the $200 Real Estate Transfer Tax for Sunridge unit Q302. The Council seemed to think $200 was very low. Steve Miller moved approval of the General Accounts Payable for October 23, 1984. The motion was seconded by Clint Watkins and was unanimously carried. Don Buick moved approval of the Transit Fund, Special Assessment Fund of Accounts Payable of October 23, 1984. The motion was seconded by Al Connell, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable of October 23, 1984. The motion was seconded by Don Buick, and was unanimously carried. The minutes of the October 9, 1984, Council meeting were next presented to the Council. Clint Watkins moved approval of the October 9, 1984 meeting minutes. The motion was seconded by Al Connell, and was unanimously carried. -8- • 0 A letter from Pat Cuny, in regard to Heritage Cablevision charges and equipment, was discussed. Councilman Miller asked if anything had been done in regard to Heritage equipment, as well as charges and discrepancies. The Town Manager stated that the Council agreed that what Heritage Cablevision was charging was allowed, but the Franchise Agreement would have to be updated. Hopefully, the ordinance would be updated and to Council by the next meeting. A.J. Wells had concerns about the Vail Valley Vacation Magazine that has come out showing the wrong location of Avon on the map. Council agreed to have staff draft a letter to Harry Frampton, stating that the Council was very dissatisfied with the map. The letter would be signed by all the Council members. There being no further business to come before the Council, Clint Watkins moved to adjourn. The motion was seconded by Steve Miller. The meeting was adjourned by Mayor Pro Tem Davis at 10:27 P.m. Respectfully Submitted J- - , CL Patricia J. Do Town C r -9-