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TC Minutes 11-13-1984• r MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD NOVEMBER 13, 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 Allan Nottingham at 7:35 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, town Manager Bill James, Building Administrator Dan Fogland, Director of Public Works Norm Wood, as well as members of the press and public. The Mayor called for Citizen Input. Rick Cuny approached the Council. Mr. Cuny presented to each of the Councilmembers a specially labeled wine bottle that showed the view overlooking Nottingham Lake and up to the ski runs. Avon was also mentioned on the label. He stated that the first twelve bottles that came off the bottling line were pulled and numbered, and were autographed by the wine maker, James Fetzer of Fetzer Vineyards. The bottles are limited editions and are collector items. He also presented a T-shirt to each of the Councilmembers. The Mayor thanked Mr. Cuny for his presentation and gifts. The Town Manager noted that Christine McGinley was cancelled from the agenda, and she would be rescheduled for the November 27th Council meeting. Judy Lofland and Dan Sunday, of the Western Vail Valley Chamber of Commerce, approached the Council. Mr. Sunday stated the Chamber was requesting the Town's support for the up-coming car race. It would be co-sponsored by the Chamber through the efforts of Roger Griffith, one of the Chamber members. The club was known as the Rocky Mountain Vintage Race Club. The vehicle has to be a 1967 or earlier, either a race car or a sports car. The event would be scheduled for July 19, 20, 21 of next year, and would be held within the streets of Avon. 9 The Chamber was estimating between 1,000 and 3,000 spectators. Mr. Sunday stated the Chamber would do the funding, there would be no cost to the Town at all, but they would be requesting in-kind services from the Town. Mr. Sunday introduced Norman Martin, President and Public Relations Director of the Porshe Club, of America, and Marvin Hall, also of the Club. Mr. Martin discussed and reviewed the program with the Council. he also showed slides of the Club's events. Norm Wood reviewed the proposed race course with the Council. Steve Miller was concerned about the health, welfare, and safety of the Town and its citizens. After discussion, the Mayor stated that the program sounded good, but would require the work of all parties and authorities involved with the program to make it a safe event. A.J. Wells moved to support the event and that the Town would provide in-kind services of the Town staff. The motion was seconded by Al Connell, and was carried with Steve Miller voting "nay". 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. The Mayor stated that, with all the input and comments that were given in the work session that afternoon, he would offer the ordinance up for approval on first reading. Some of the suggested changes appeared in sections 17.08.025 and 17.22.030. In sections 17.08.025 and 17.22.030, delete the words "overnight guests". In section 17.22.030, delete the second sentence. Councilmember Davis stated she felt that it was not urgent that the ordinance be passed on first reading that evening. She noted that Art Abplanalp was to submit a letter regarding the Accommodation unit and Accommodation suite operated solely as a hotel. Councilman Watkins agreed. After discussion, A.J. Wells moved to table Ordinance No. 84-13, to direct the staff to take into consideration the suggested changes that were discussed in the work session, and to come back at the next regular meeting with a new draft. Don Buick seconded the motion, and it was unanimously carried. -2- • First reading of Ordinance No. 84-14, Series of 1984, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE AGREEMENT AND REPEALING ORDINANCE NO. 84-11. The Town Manager stated that the Town and the Beaver Creek Resort Company were not going to finance all the buses together due to additional requirements that Colorado National Leasing was placing on Beaver Creek Resort Company, which the Resort Company refused to meet. He stated he had gone back into the market place to request some quotes on financing the bus for the Town. He stated that, after reviewing the quotes, he was back to financing the bus with Colorado National Leasing for a period of five years at an interest rate of 10 3/4%. The Town Attorney stated that, in Section 2 of the ordinance, change "This" to "That". Sheila Davis moved approval of Ordinance No. 84-14, Series of 1984, on first reading with the change. The motion was seconded by A.J. Wells. Discussion followed. Councilman Watkins stated that he thought the only reason the Town would need the extra bus would be to transport people up to the ski area. He felt that if the policy were changed, so that the bus would unload skiers at the Transportation Center and then have the Beaver Creek buses transport to the ski area, the Town would not need that extra bus. He felt that, if the policy were changed, $50,000 could be cut from the budget. He suggested that the bus be sent back. The Mayor stated that there had been several discussions and debates in the Council, in earlier stages, on whether or not the buses should be run up the mountain, and the outcome was always the same-the buses should be run to the ski area. He stated that Avon would not get the visitors if it did not have this convenience. After discussion, the Mayor stated that the bus had been ordered before, by action taken by the Council, and it needed to be accepted. The Mayor asked for a roll call vote. Those Councilmembers voting "aye" were: Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. Clint Watkins voted "nay". The motion carried by a 5 to 1 vote. Resolution No. 84-45, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR TIME SHARING AS AN ALLOWABLE USE ON LOTS 73/74, BLOCK 2, BENCHMARK AT BEAVER CREEK. Dan Fogland stated that, at the October 25th Planning and zoning -3- • Commission meeting, the Commission approved a Special Review Use for time sharing on lots 73/74, Block 2, Benchmark at Beaver Creek. He stated that there have been no specific building plans submitted. Mr. Fogland stated, with that in mind, the Planning and Zoning Commission approved the request for time share subject to, 1) obtaining all the necessary Town of Avon approvals, 2) approval will expire 2 years after Avon Town Council approval, unless a building permit is obtained within this 2 year period. Some of the Councilmembers had concerns regarding the applicant not providing plans of the proposed project. Dan Fogland stated that the Council was approving an appropriate use, not a proposed project. He stated that the other steps would be bringing in the plans, design review, subdivision process, etc. Dennis Cole, representing the applicant, approached the Council. He stated that the reason they applied for the Special Review Use, without submitting a detailed package, was not piecemeal. They felt that the proper procedure was to first of all determine whether the location of the two lots was suitable, within the Town, for a time share project. Mr. Cole stated that if the location was approved as suitable, they were well aware that they would then have to come back and enter into a Subdivision Agreement, plat approval, and design approval. Mr. Cole stated that the significant issue was whether or not the location was appropriate for time share. He stated that the applicant expected to accrue expenses of $450,000 between now and final approval from the Town. Mr. Cole stated that, if the site was not suitable for the time share project, the applicant was not going to spend the money. He felt that this was a fair and reasonable business decision to make. The other reason they could not submit a complete package was because the project was viable if they could use an Accommodation Suite/3 to 1 ratio; if they could not use the 3 to 1 ratio, they would have to re-evaluate the project. Lengthy discussion followed. Clint Watkins moved to table Resolution No. 84-45 until more information could be brought forth. The motion was seconded by Al Connell. Further discussion followed. The motion of Clint Watkins was withdrawn. Don Buick moved approval of Resolution No. 84-45 with the additional provision that, by February 1, 1985, the applicant come before the Planning and Zoning Commission or the Town Council with concrete evidence that there had been some time and money spent on the proposed project, to move it forward. The motion was seconded by Al Connell, and was unanimously carried. -4- • • Resolution No. 84-46, Series of 1984, A RESOLUTION TO CANCEL THE DECEMBER 25, 1984, COUNCIL MEETING. The Town Attorney suggested that the last sentence of the Resolution be deleted. Sheila Davis moved approval of Resolution No. 84-46, Series of 1984. After discussion, Sheila Davis amended her motion to include the deletion of the last sentence. The motion was seconded by Steve Miller, and was unanimously carried. The Town Attorney reported on the Sunroad Group, Ltd. He stated that there had been a complaint filed in District Court, on October 19, 1984, alleging damages as a result of actions taken by the Town in the past. It named the Town Council, A.J. Wells individually, and Benchmark at Beaver Creek as defendants. The complaint recounts the history of the dealings of Sunroad Group with the Town over the past several years. The attorney reviewed the claim with the Council. Mr. Dunn stated the good news was that, on October 11, 1984, the Local Government Anti-Trust Act of 1984 was adopted by the U.S. Congress. The effect of the adoption of that Act was to immunize local governments from damages for anti-trust violations. He stated that the Town remains, under certain circumstances, to be subject to the anti-trust laws in so far as injunctive relief, and the award of attorney's fees in connection with the obtaining of the injunctive relief, is concerned. The Town does not have complete immunity from anti-trust claims. He stated that the effective date of the Act was 30 days prior to the date of enactment, or September 11, 1984. He stated that the complaint would appear to have been filed too late. Mr. Dunn stated that Bill James and he had met with Attorneys Davis, Graham, and Stubbs. He stated that their firm represents Benchmark in connection with certain matters and, because the firm has expertise in the anti-trust area, recommended that the Town cooperate with Benchmark and their attorneys in defense of the case. He recommended that the Town make use of the expertise of Davis, Graham, and Stubbs as far as anti-trust issues are concerned. He stated that the insurance company of International Surplus states that their policy requires the Town to provide its own defense. Mr. Dunn recommeded that the Town employ both him and Davis, Graham, and Stubbs and that the cost be shared, so long as they could get International Surplus to pick up the fees. He stated that he would represent the Town, and Davis, Graham, and Stubbs would represent A.J. Wells and Benchmark. He stated that all the expense would be passed on to the insurance company. - 5- 0 • NJ, EJ After lengthy discussion, the Town Attorney stated he would report back to the Town Council on the progress of the matter. The Town Manager reported on the separated grade crossing proposed on Avon Road. He stated that the Town staff met with Eagle County, Vail Associates, and the Northwest Colorado Council of Governments to discuss the separated grade crossing on Avon Road. He stated that, in order to be placed on the state's project list and to be eligible for state funding, the Town has to make a presentation to the State Highway Commission and justify the project being placed on the priority list. The State Highway Commission stated that any project in Avon would be competing with other projects state-wide. He stated it was agreed at the meeting that each entity report back to their Boards to find out, 1) is this a priority project locally, and 2) are we willing to indicate financial support for this project. Mr. James stated that there was a meeting scheduled for November 26th, in Grand Junction. He stated that what he was requesting at this time was a decision as to whether this project is priority enough to be placed on the state's five year priority list and, depending on the funding level, was the Council interested in participating. The cost being approximately $30,000 per entity. Norm Wood then reviewed the preliminary, drawing showing the design of the separated grade crossing. Sheila Davis moved to support the separated grade crossing at that site, to authorize the staff to make the presentation to the Highway Commission, and to indicate interest, depending upon the total financial commitment, in funding a portion of the separated grade crossing. The motion was seconded by Al Connell. Discussion followed. Steve Miller requested that the final financial decision be based upon the amount and the Town's ability to pay. Sheila Davis amended her motion to include that request. Al Connell amended his second. Clint Watkins felt that other alternatives or possibilities should be investigated instead of just showing the one proposal for the grade crossing to the Commission. After some discussion, the Mayor asked for a vote from the Council. The motion was carried, with Clint Watkins voting "nay". -6- • The Town Manager reported on the Forest Service Appeal. He stated that he needed some expertise in the history of the Forest Service land in Avon and had retained Jon Mulford, Attorney at Law, for a fee of $500, to prepare the letter of Appeal and to accompany him to the meeting with the Forest Service the next day. He was requesting that Council authorize that expense. After discussion, Sheila Davis moved to authorize up to $1,000 in expenditures for Jon Mulford's services. The motion was seconded by Don Buick, and was carried with Clint Watkins and Al Connell abstaining. The Town Manager presented the Council with copies of the Tract P agreements. He requested that Council authorize the scheduling of a Special Work Shop on November 19, 1984, at 4:00 p.m. Proposed agenda items would include review of Tract P, finishing the review of the budget and the discussion of some budget items, review of the new revenue projections for 1984, and proposal of a financial plan for 1985. Clint Watkins felt that the Tract P Agreements should be placed on the evening agenda and that the Agreements should be taken off the afternoon agenda. Councilman Connell agreed, and felt there should be as many items as possible on the evening agenda, because of the possibility that some citizens would like to be involved in the discussions. After some discussion, Sheila Davis moved to schedule the Special Work Shop, November 19, 1984, at 4:00 p.m.. The items to be discussed would be the items on the notice. The motion was seconded by Don Buick and was carried, with Clint Watkins voting "nay". The Town Manager stated that, in regard to the letter to Harry Frampton, Council should review it and, if the letter appeared to be in order, all the Councilmembers should sign it. The letter was in regard to the location of Avon on the map in the Vail Valley Vacation Guide Magazine. No action was needed. The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #8. The motion was seconded by Don Buick, and was unanimously carried. -7- 0 Sheila Davis moved approval of November 13, 1984. The motion was unanimously carried. the General Accounts Payable of was seconded by Clint Watkins, and Clint Watkins moved approval of the Capital Projects Fund, Transit Fund, and the Lift Fund Accounts Payable of November 13, 1984.. The motion was seconded by Don Buick, and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable of November 13, 1984. The motion was seconded by Al Connell, and was unanimously carried. The minutes of the October 23, 1984, Council Meeting were next presented to the Council. Sheila Davis moved approval of the minutes of the October 23rd Council Meeting with the correction on page 6, paragraph 6, second line, change "in" to "and". With that correction, Steve Miller seconded the motion, and it was unanimously carried. At this point, the letter to Harry Frampton was signed by the Councilmembers, with the exception of Clint Watkins. He stated that he had no problems with the map. There being no further business to come before the Council, Sheila Davis moved to adjourn. The motion was seconded by Steve Miller. The meeting was adjourned by Mayor Nottingham at 11:00 p.m. -8- S-PECE FULLY i Patricia J. SUBMITTED: e, Town C