TC Minutes 03-11-1986•
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD MARCH 11, 1986 - 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.
Mayor Allan Nottingham called the meeting to
roll call was taken with Clint Watkins,
Davis, A.J. Wells, Al Connell, and Don
present were Town Attorney John Dunn, Town
Director of Engineering/Community Develops
members of the press and public.
order at 7:45 p.m. A
Steve Miller, Sheila
Buick present. Also
Manager Bill James,
nent Norm Wood, and
The Mayor called for Citizen Input. There being no public
comment, the Mayor closed the discussion.
Second reading of Ordinance No. 86-9, Series of 1986, AN ORDINANCE
REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND REENACTING
CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE
"UNIFORM FIRE CODE", 1985 EDITION, AND THE "NATIONAL FIRE CODE",
1985 EDITION, INCLUDING THE LIFE SAFETY CODE, NFPA PUBLICATION NO.
101, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
The Mayor noted that this ordinance was before Council for public
hearing. Councilman Connell was concerned about the ordinance's
language; he felt it was unclear. He felt some of the
requirements in the ordinance seemed extreme. He requested that
some answers be provided as to where the requirements come from,
who creates them, and who hears appeals.
At this point, Councilman Miller started to move approval of
Ordinance 86-9. However, Councilman Connell felt it was improper
for Councilman Miller, also the Fire Chief, to make the motion
for approval, due to what he felt was a direct conflict of
interest. Councilwoman Davis then moved approval of Ordinance
No. 86-9, Series of 1986, on second reading. Councilman Wells
seconded the motion.
Discussion followed.
Councilman Wells felt there was no conflict of interest, either
direct or indirect. Councilwoman Davis. agreed.
Attorney Dunn stated that, in order to have a disqualifying
conflict of interest, there has to be a direct/indirect financial
conflict and, in his opinion, there was none. Councilman Connell
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stated that the Fire Chief receives his salary from the Fire
Department. Mr. Dunn stated the issue was whether adoption or
denial of the ordinance by Council would have any effect on the
Fire Chief's salary. He stated it would not. Councilman Connell
disagreed.
Further discussion followed.
Councilman Connell felt the Town should have the final say in the
matter, not the Fire Chief. He stated that Council's duty was to
look after the best interests of the Town and its citizens.
Norm Wood stated that the reason for repealing the existing
ordinance, and then enacting the proposed one, was the
considerable number of changes; it would be easier to rewrite the
proposed ordinance. He stated that one of the new sections
included in the proposed ordinance was, "15.32.090 - Ski Shops".
The standards regarding ski shops originated from the Fire
Department.
Bob Kohrman, Captain with the Fire Prevention Bureau, approached
the Council. He stated that part of the new language came from
the Uniform Building Code. Councilman Buick asked how many ski
shops would be out of compliance if the ordinance was adopted.
Mr. Kohrman stated there would be two but, even if the ordinance
was adopted, the two ski shops would not be grandfathered. If the
shops would not comply, they then could be shut down. The time
frame in which they would have to comply would be 30, 60, or 90
days, depending on the hazard.
There was concern with section 15.32.030, which stated that the
Fire Chief may require a key box to be installed in an accessible
location in a structure, new or existing, and that the box shall
contain keys necessary to gain access as required by the Chief.
Councilman Connell felt that adoption of that section would
violate the citizens' right to privacy.
At this point, the Mayor opened the meeting for public hearing.
Jim Comerford, owner of Western Sun Sports and the Country Store
in the Christie Lodge, approached the Council. He was also
representing some of the retail operations in Christie Lodge. He
stated he would like some clarification regarding who actually
enforces and oversees the Fire Code. Mr. Comerford reviewed some
of the requirements imposed on him, by the Fire Department,
before, during, and after the opening of his operations.
Mr. Kohrman stated that his office should have been notified of
Mr. Comerford's concerns. He stated that all the requirements
discussed, except Article 14 (Ski Shops), are in the Uniform
Building Code. Mr. Kohrman stated that the Fire Code was written
by the International Conference of Building Officials, an
organization comprised of building officials, architects,
engineers, contractors, and developers from throughout the United
States.
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Councilman Watkins felt there were sections in the proposed
ordinance that would discourage people from adding fire
protection.
Mr. Dunn stated that the Town would not be held liable if Council
did not adopt the Fire Code ordinance.
Councilwoman Davis suggested that staff point out additions in the
proposed ordinance that are outside the existing Fire Code;
possibly note what the Town would be adopting that was above the
minimum requirements. The Mayor suggested that Council table the
ordinance, have staff outline the added sections, then place the
ordinance on the next regular meeting agenda.
Councilman Connell so moved. Councilman Watkins seconded the
motion.
Further discussion followed.
Councilman Wells requested that staff color-code the proposed
changes to the present ordinance and, with a different color,
indicate the requirements that are above the minimum standards of
the existing Fire Code. He felt this would be a way for Council
to review the differences between the proposed and existing Codes,
and to identify the proposed changes that were in excess of the
current Code. He stated he would like to see clarification to
section 15.32.030 ("various systems, or any other conditions that
might dictate"), and section 15.32.050(j), on page 4, ("the
monitoring company to be used must be submitted to the fire
department"). He also felt that the title was misleading and
needed clarification.
The Mayor called for a vote on the motion. It carried
unanimously.
The next item on the agenda was the Petition, Resolution, and
Ordinance for annexation of the Eaglebend parcel. The Mayor read
the Petition by title.
The Town Attorney made Council aware of a slight concern with
respect to this annexation. Mr. Dunn stated that the Petition,
Resolution, and Ordinance have been tendered, and all documents
comply with the statute. He stated, although, that there is a
1980 Constitutional Amendent which provides that an election must
occur if 50% of the landowners do not give consent. Mr. Dunn
stated that the statute requires only 50% of the landowners'
signatures. He suggested that Council accept the Petition, adopt
Resolution No. 86-8, and set the matter for hearing five weeks
from this date. He also suggested adopting Ordinance No. 86-10 on
first reading, so the second reading of it could be considered at
the same time as the annexation issue. All this could be
accomplished with the understanding that additional petitions be
filed by more than half the landowners. Since there were fifteen
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landowners involved, Mr. Dunn stated that eight signatures would
be necessary.
Jeff Spanel, with Inter-Mountain Engineering, approached the
Council. He reviewed the proposed annexation with Council.
Council had concern about whether the Petition should be accepted,
the Resolution adopted, and the Ordinance approved on first
reading before receipt of the signatures.
The Mayor recommended that Council receive the Petition for
annexation of Eaglebend by adopting Resolution No. 86-8.
Councilman Connel so moved. Councilman Wells seconded the motion.
After further discussion of the matter, Councilman Wells moved to
table the issue until the next regular Council meeting.
Councilman Miller seconded the motion, and it carried unanimously.
It was requested that the Town Attorney research the law, and the
previously proposed annexation of Avon Station, to determine why
100% of the landowners' signatures were required of Avon Station
when 50% are required for this annexation.
Resolution No. 86-9, Series of 1986, A RESOLUTION AUTHORIZING A
SUPPLEMENT TO THE INDENTURE, AN AMENDMENT TO THE LOAN AGREEMENT
AND AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS UNDER THE LOAN
AGREEMENT RELATING TO THE TOWN OF AVON, COLORADO, 59,000,000
INDUSTRIAL DEVELOPMENT REVENUE BONDS (AVON/BEAVER CREEK HOLIDAY
INN HOTEL PROJECT), SERIES OF 1984.
Mr. Dunn discussed the opinion letters that should be forthcoming
from Bond Counsel. He then reviewed the Resolution and the
Assignment Agreement with Council.
There was a typographical error on page 2, Section 2, change "and"
to "as". Council agreed to add a new section, Section 9, to read,
"The Town's approval of the Assignment is conditioned upon receipt
by the Town of the opinions of nationally recognized Bond Counsel,
as well as counsel of Wynfield, approving the Assignment."
After lengthy discussion, Councilman Wells moved approval of
Resolution No. 86-9, Series of 1986, with the correction of the
typographical error in Section 2, and the addition of Section 9 as
outlined by the Town Attorney. Councilman Watkins seconded the
motion, and it carried unanimously.
Councilwoman Davis moved approval of the Agreement between the
Town of Avon and Mountain Rivers Alcohol Recovery Center (to
provide space in the Municipal Building's jail facility for a
non-medical detoxification service) with an addition to Section 1,
after the word "services", add "including, but not limited to".
Councilman Buick seconded the motion, and it carried unanimously.
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Mr. James reported on the water treatment plant Roof
Configuration. He discussed the decision date for the roof
configuration; the target date for "drying in" was November 1,
1986.
Some Council members agreed that the Town should hold off, until
the financial projections show some improvement. Councilman
Watkins suggested putting the matter off until the next regular
meeting before making any final decisions. He felt that other
Town spending avenues may be higher priorities than a Community
Center. One example was whether the Town should continue to
provide bus service to the base of the ski lifts. Councilman
Wells stated he could not endorse the elimination of the bus
program; he felt tourists rely on the service.
After further discussion, Councilman Watkins moved to table the
matter until the next regular meeting. Councilman Connell
seconded the motion. Council members voting "aye" were Clint
Watkins and Al Connell. Council members voting "nay" were Steve
Miller, Sheila Davis, A.J. Wells, and Don Buick. The motion was
defeated by a 4 to 2 vote.
Councilman Wells moved to direct the Upper Eagle Valley Sanitation
Districts to go ahead and finish the roof on the basis that it was
a permanent structure, until the Town decides to change that.
Councilwoman Davis seconded the motion, which carried by a 5 to 1
vote with Councilman Watkins opposing.
Mr. James reported on the I-70 Corridor Study. The total cost for
the study was expected to be approximately $150,000, with the
majority of the cost expected to be paid with state and federal
funds. A commitment of approximately $20,000 would be expected
from local sources; a commitment of $2,000 had been requested
from the Town of Avon as its share of the local funding.
After discussion, Councilman Buick moved to approve an expenditure
of $2,000 for the Town of Avon's share of the local matching
funds,. Councilman Miller seconded the motion, and it carried
unanimously.
A report on the Balloons, Bluegrass, and Barbeque/Fall Fling was
next presented to Council. The date for the Balloons, Bluegrass
had been changed to August 23 and 24, 1986, with the Fall Fling
scheduled for the following weekend. Staff felt the scheduling
situation could possibly have a negative impact on the Fall Fling,
or could possibly benefit both events.
The Mayor suggested having the pancake breakfast after the
balloons are in the air. Council agreed.
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After discussion, Councilman Buick moved to combine as much of the
Fall Fling as is possible into the Balloons, Bluegrass Festival,
and then have the athletic events on the following weekend.
Councilman Watkins seconded the motion, and it carried
unanimously.
Mr. James reported on the Hazardous Substance Response Mutual Aid
Agreement. He stated that the Response Team should come from the
Eagle-Vail Fire Department and not through the Town of Avon. Mr.
James recommended that the Agreement be sent back to the County
with Avon's recommendation that the County contract with the
Eagle-Vail Fire Department.
Councilman Wells so moved. Councilman Buick seconded the motion,
and it carried unanimously.
Councilman Watkins moved to request that the three Planning and
Zoning Commission members whose terms expire on May 1, 1986,
submit letters of interest for reappointment, and that the
vacancies be advertised in the three local newspapers. Councilman
Miller seconded the motion, and it carried unanimously.
The Financial Matters were next presented to Council.
Councilman Buick moved to receive items #1 through #8. Councilman
Miller seconded the motion, and it carried unanimously.
Councilman Miller moved approval of the General Fund Accounts
Payable for March 11, 1986. Councilman Watkins seconded the
motion, and it carried unanimously.
Councilman Miller moved approval of the Transit Fund Accounts
Payable for March 11, 1986. Councilman Buick seconded the motion,
and it carried unanimously.
Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable for March 11, 1986. Councilman Buick seconded
the motion, and it carried unanimously.
The minutes of the February 25, 1986, Council meeting were next
presented to Council. Councilman Miller moved approval of the
February 25th meeting minutes, as presented. Councilwoman Davis
seconded the motion, and it carried unanimously.
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Councilman Miller reminded the Council and the audience of the
upcoming Mayor's Cup Ski Race, scheduled for March 22, 1986. He
stated that applications were to be in by March 14th.
Councilman Miller expressed great concern over the trains that
block the intersection at Avon Road. He stated that a train had
blocked the intersection for approximately 22 minutes last week.
He asked if it would be possible for the Town staff and/or
attorney to draft an ordinance addressing train speed, noise, and
breaking of the train at the intersection. Mr. James stated that
a draft ordinance would be placed on the agenda for the next
meeting.
Councilman Watkins suggested using the excavation hole next to
Avon Center as a temporary BMX track for local children. Mr.
James was to look into the liability.
Mr. James reported on a letter from Mr. James Jensen. The letter
was to the management of time-share about a promotional
presentation and a certificate that, with a $200 deposit from Mr.
Jensen, was supposedly good for round trip air fare for one and
accommodations for two in Hawaii. This trip was never provided.
Mr. James stated that Paul Cartmill had called him, and Paul was
sending the information to Resort America. An alternate trip
would try to be arranged for those people who lost their money. .
Mr. James reported meeting with Rick Pederson, of Ross Consulting,
Inc., regarding the Avon shopping center study. They also met
with Ted Bendelow, who was working on a contract for the land.
Discussion followed.
No action was taken.
Councilman Watkins expressed some concern about reports of
disorderly conduct and underage patrons at Spanky's Tavern. Mr.
James stated he would confer with the Police Department, and have
them check the establishment more frequently.
There being no further discussion,
adjourn. Councilman Miller seconded
adjourned the meeting at 10:27 p.m.
Councilman Connell moved to
the motion. Mayor Nottingham
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APPROVED
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