Loading...
TC Minutes 12-13-1988MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD DECEMBER 13, 1988 - 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 7:42 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Director of Planning Lynn Fritzlen, Chief of Police Art Dalton, Fire Chief Wayne Smith,Town Clerk, Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed the Citizen Input portion of the agenda. Second reading of ordinance No. 88-16, Series of 1988, AN ORDINANCE CONCERNING THE NUISANCE RELATED TO THE ACCUMULATION OF SNOW ON SIDE- WALKS PUBLIC PASSAGEWAYS OR PARKING AREA, AND MODIFYING THE GENERAL PROVISIONS FOR REMOVAL OF SAME Larry Brooks stated that Council approved this ordinance at the November 22nd Council Meeting. Mr. Brooks stated that there were a couple of corrections to this ordinance. Section 2, subsection B, first line, after the word "manager", change "or" to "of", and after the word "shall" add, "allow". With those corrections, Mr. Brooks recommended that Council approve Ordinance No. 8.8-16, Series of 1988 on second reading. Councilman Davis moved approval of Ordinance No. 88-16, Series of 1988 on second reading with those corrections. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor then entertained a roll call on the motion. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. • Second reading of Ordinance No. 88-18, AMENDING THE WILDRIDGE SPA PLAN BY THE DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, LOT 23, LBOCK 4, WILDRIDGE SUBDIVISION RESIDENTIAL DEVELOPMENT RIGHT FROM LOT DIVISION TO LOT 23, BLOCK 1, BENCHMARK AND E Series of 1988, AN ORDINANCE TRANSFER OF ONE RESIDENTIAL WILDRIDGE SUBDIVISION, TO AND THE TRANSFER OF ONE 64, BLOCK 4, WILDRIDGE SUB- AT BEAVER CREEK SUBDIVISION; Resolution No. 88-27, Series of 1988, A RESOLUTION APPROVING A SPECIAL REVIEW USE TO ALLOW THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN CONNECTION WITH A BUSINESS AS PERMITTED AS A SPECIAL REVIEW USE IN THE IC(INDUSTRIAL COMMERCIAL) ZONE DISTRICT. Be it noted that Mayor Allan Nottingham and Councilman Jim Stovall stepped down due to conflict of interest. Norm Wood stated that there were two related items before the Council, in that, there was a transfer from Lot 64, Block 4, Wildridge Sub- division to Lot 23, Block 4, Wildridge Subdivision, which was an amendment to the Wildridge SPA Plan, which does require a zoning action amending the Wildridge SPA Plan; and then there was a transfer of one residential development right from Lot 64, Block 4, to Lot 23, Block 1, Benchmark at Beaver Creek Subdivision, which was in the IC Zone District. He stated that the Lot 64 portion, the transfer from Lot 64, Block 4, was also an amendment to the Wildridge SPA Plan, which must be accom- plished by a zoning amendment, and then the transfer of that development right to Lot 23, Block 1, Benchmark at Beaver Creek, in a convention zone district and action would be approved for a Special Review Use. He stated that the Planning and Zoning Commission had held public hearing on both the ordinance amending the SPA Plan, and the Special Review Use related to the transfer and subsequent use of the residential development right on Lot 23, Block 1, Benchmark at Beaver Creek. Mr. Wood stated that at the last meeting there was concern expressed of the transfer of one residential development right to the Lot in Wildridge that it would increase the density from a duplex lot to a tri-plex lot, which would then fall under the multi-family catagory. He stated that to address those concerns, the staff had suggested an amendment to ordinance no. 88-18; page 2, first paragraph, after the word"fractionalized", add, "and no more than two residential units may be constructed within the present boundaries of Lot 23, Block 4, Wildridge Subdivision. Mr. Wood recommended: 1. Council approve amendment to ordinance No. 88-18; 2. Approve second reading of the amended Ordinance No. 88-18; 3. Approve Resolution No. 88-27, Series of 1988. -2- • • Mr. Wood stated that the two requests for the transfers were combined so that it could be kept in one ordinance and would keep it simple. Councilwoman Harrison moved approval of ordinance No. 88-18, Series of 1988 on second reading. The motion was seconded by Councilman Reynolds. Councilman Davis reminded Madam Chairwoman that this action was for an amendment to the Ordinance. Councilwoman Harrison amended her motion to amend the ordinance as recommended by staff. The amended motion was seconded by Councilman Bennett. There being no further discussion on the amendment to the ordinance the motion was unanimously carried. The Mayor Pro Tem then opened the meeting for public hearing. There being no one wishing to be heard, the Mayor Pro Tem closed the public hearing. The meeting was then opened for Council discussion. Councilman Reynolds had concern of the corners of Metcalf and Nottingham Roads. He stated that that corner was very unsightly with all of the moving vans and crates stored on that premises. He stated that if they allow people to live in that unit above, it would only get worse. He stated that the parking was allocated for passenger vehicles, not moving vans. Councilman Davis stated that there has been illegal parking on the corner for sometime, but this ordinance will now make it legal. He stated that this was in the IC Zone District, which was Industrial Commercial, and which was developed for those certain things. The Mayor Pro Tem called for a roll call. Those Councilmembers voting aye were: Mike Bennett, Emilie Harrison, Jim Stovall and Jerry Davis. Those Councilmembers voting nay were: Albert Reynolds. The motion carried by a 3 to 1 vote with Councilman Reynolds opposing and Mayor Nottingham and Councilman Stovall abstaining. The Council then voted on Resolution No. 88-27, Series of 1988. Mr. Wood stated that the resolution was approving the Special Review use for transfer of the development right from Wildridge to Benchmark at Beaver Creek. This would allow the residential use in connection with a business as permitted as a Special Review Use in a Industural Commercial Zone District. He stated that the Planning and Zoning Commission held a public hearing approving the SRU and recommended that the Council approve the SRU subject to: 1. That the residential use is restricted to the employees of the tenant businesses of the Wolff Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek Subdivision; 2. That the residential use shall comply with all current technical codes adopted by the Town of Avon. Mr. Wood recommended approval of Resolution No. 88-27. -3- • • Councilman Davis moved approval of Resolution No. 88-27, Series of 1988. The motion was seconded by Councilwoman Harrison and was carried with Councilman Reynolds opposing. The concern with the outside storage of crates and the trailer trucks parked onto the road, was decided that it was a administrative problem and that Mr. Wood would look into it. Second reading of Ordinance No. 88-14, Series of 1988, AN ORDINANCE IMPOSING AN EXCISE TAX FOR GENERAL REVENUE PURPOSES ON THE OCCUPANCY OF TIME-SHARE UNITS WITHIN THE TOWN OF AVON; PROVIDING METHODS FOR THE COLLECTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF;AND PROVIDING FOR OTHER DETAILS IN RELATION THERETO The Mayor stated that the work shop discussions on this matter were deferred until the evening meeting. Councilman Stovall suggested that the Council retire into executive session for the purpose to explain to the Town Council the discussions that he had with Michael Clowdus on this matter. The Council agreed. Councilman Stovall moved that the Town Council move into executive session. The motion was seconded by Councilwoman McRory. The Council retired into executive session at 8:20 p.m. and reconvened at 9:00 p.m. The Mayor stated that the Council had an outlined proposal for Michael Clowdus. At that point Councilman Stovall read the following proposal. He stated that the following was the consensus of the Council, of what they would propose would be a settlement to the problems between the Town of Avon and the Christie Lodge. 1. It would be $12.50 per week on all units which were available for sale or have been sold. For the purposes of the agreement as of January 1, 1989, the Christie Lodge has 12,750 units, and the Falcon Pointe has 2,44 units; 2. The Council would be agreeable to some kind of annual increase based upon lift ticket increases, over a National or Denver CPI, or a rental index, which was previously discussed; 3. The Council does not wish to give any kind of credit for sales'or accommodations tax, but in return for that, the Council would repeal the to time-share transfer tax; 4. The Agreement would be effective January 1, 1989; 5. The Council would accept payments on monthly basis in the arrears; -4- 6. The Council requested that the $24,000 transportation monies, which was owed to the Avon/Beaver Creek Resort Association be paid prior to the 30th of December, 1988, and also the Council wished that it be paid to the Town; 7. That all appeals would be dropped by the Town and by Christie Lodge; 8. That the Town Council would request an Estoppel Letter in some form to be worked out with the Council concerning the 20 transfer tax, and to have all parties, or any party that may have any kind of standing to attack the use of the transfer tax on behalf of the time-share, to sign off on the Estoppel Certificate; 9. That the Agreement be clearly acceptable by the Council; 10. If the proposal was favorable and was moving forward, the Council would table Ordinance No. 88-14 until the December 27th Council Meeting. Councilman Davis stated that in reading proposal #1, he suggested to add that any new units that would be added to the pool would have to be included in the count; and the last proposal, the Agreement must be in place, and all parties must be in agreeance before the 27th or, the Council will pass the ordinance on second reading on the 27th of December; and 3, all the necessary protection to collect the monies; and if the Town cannot collect the money, the Town would have all the rights to do such. Michael Clowdus approached the Council. He stated that he did not have the authority to.enter into any final settlement. He stated that the response that had been given, were responses to everything the committee had talked about. He stated that the problem he saw, were problems of dollars. He felt that there was not enough time to put the Agreement together and to pull all the people together because of the holidays. Mr. Clowdus then reviewed the proposal item by item. Councilman Stovall asked if a Letter of Agreement would be feasible, if they could not get all parties together to go over the proposal. It was stated that there were no problems with that request. Councilman Davis stated that if there was a Letter of Agreement in place, then there would be no need to meet on the 27th, but if there was not a Letter of Agreement in place, then the Council would meet on the 27th and would approve Ordinance No. 88-14 on second reading. Discussion of the signees of the Agreement were discussed. Mr. Clowdus stated that they would look at the numbers to see what the impact would be, and then return with answers. Councilwoman McRory moved to table Ordinance No. 88-14, Series of 1988, and table the public hearing in consideration of second reading. The motion was seconded by Councilman Stovall and was unanimously carried. -5- 0 • First reading of Ordinance No. 88-19, Series of 1988, AN ORDINANCE RESTRICTING DOGS IN TRACT G, BENCHMARK AT BEAVER CREEK, BENCHMARK AT BEAVER CREEK SUBDIVISION. This ordinance would restrict dogs from Nottingham Park during Special Events. This was discussed in a November Council work shop as a recommendation of staff and agreed to by the Town Council. Councilwoman McRory moved approval of Ordinance No. 88-19, Series of 1988 on first reading. The motion was seconded by Councilman Reynolds. There being no further discussion, the Mayor entertained a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 88-31, Series of 1988, A RESOLUTION REGARDING AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENT TO ITS INDENTURE OF TRUST, AND THE EXECUTION AND DELIVERY OF MUNICIPAL REAL PROPERTY LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS PERTAINING THERETO; RATIFYING AND REAFFIRMING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. The Town Attorney stated that a year ago the Town agreed to become a vehicle for the issuance of Bonds to fund municipal leases, whereby municipalities throughout the State of Colorado could use the proceeds of the Bonds issued by the Town of Avon to purchase personal property items, such as, police cars, road graders, pick-up trucks, etc. He stated that he emphasized personal property because the purpose of this resolution was to expand the program to add leasing of real property so that those bond proceeds could be used to expand municipality buildings etc. He stated that this had been agreed to in the Agreement a year ago, and it stated that at some point of time, the program would be expanded to include this item. He stated that the program has not been all that successful, because of the economy. The response to the program has been limited, and the money has not been used. He stated that the attorneys who represent the Bank of Trustee, had raised a lot of questions He stated that it was necessary for the Lender(Chrysler Finance)to react to those concerns and decide what to do. Mr. Dunn recommended that Council table Resolution No. 88-31, until after the first of the year. Councilwoman McRory so moved. The motion was seconded by Councilman Stovall and was unanimously carried. Resolution No. 88-32, Series of 1988, A RESOLUTION IN APPRECIATION OF ALFRED CONNELL'S SERVICES TO THE TOWN OF AVON. The Mayor read the resolution in its entirety. Councilman Stovall moved approval of Resolution No. 88-32, Series of 1988. The motion was seconded by Councilwoman McRory and was unanimously carried -6- 9 • Resolution No. 88-33, Series of 1988, A RESOLUTION IN APPRECIATION OF STEPHEN MILLER'S SERVICES TO THE TOWN OF AVON. The Mayor read the resolution in its entirety. Councilman Stovall moved approval of Resolution No. 88-33, Series of 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. The report on the Recreation Task Force was next presented to the Council. Mr. James stated that he and Larry Brooks had attended a couple of meetings, which a softball complex had been discussed. This has been referred to the Task Force Committee which was made up of various representatives of the County, to discuss what recreational needs of facilities were needed around the County. He stated that they were proposing a complex in Eagle by the new Fairground area. The County would donate the land if someone would come in and put the facility in. If they could get a four-plex facility in the Edwards area, they would like to see it go in there. He stated that it was still under review. If Council has any comments, the Committee was meeting on the 15th of December if they would like to give any input. Mr. James asked if the Council was willing to participate in this program. The Mayor felt that the Town should participate at this point. The TV Translator System was discussed. Mr. James stated that Jim Hart of Hartech, Inc., presented the Engineering Feasibility Study to the Translator Committee on December 1, 1988. The results were then presented to the Eagle County Commissioners on December 5, 1988, and then to the Vail Town Council on December 6, 1988. He stated that Eagle County turned down funding for the Translator System, and Vail stated that there would be no money coming forth from the Town of Vail. It was stated that to form a Special District it would cost in the amount of $25,000. Mr. James stated that if the money could not be raised, or if there was no support, the project should be dropped. Councilman Davis suggested that if Avon wanted to proceed, the program shou_ be explained further to the different entities. He felt they did not understand the working of a TV Translator System. Norm Wood then reviewed the Translator sites and the service areas with the Council. Discussion followed. Mr. James suggested that if Council wanted to move ahead with the forming of a Special District, that Avon match the funds with the private sector for contributions for the $25,000. Councilman Stovall moved to authorize the Town's representative to offer up to $12,500 as a matching fund to fund the initial formation of the Special District. -7- • The motion was seconded by Councilwoman McRory. After further discussion, Councilman Stovall amended his motion to include the condition that, if the issue passes by the vote of the people, that all monies would be refunded. The amended motion was seconded by Councilwoman McRory and was unanimously carried. The Town Council recessed at 10:20 p.m. and reconvened at 10:40 p.m. Kevin Payne, Executive Director of the Avon/Beaver Creek Resort Association approached the Council. Mr. Payne was requesting additional funding for 1989. He was asking that the Council forgive the $6,800 receivable of 1988 that the Town was showing against them for the ill-faded tent, which they tried to purchase as a means of easing some of the financial burden of putting on the Special Events. It had the opposite effect. He stated that they had sent the Company a deposit check in May of 1988. The Company failed to deliver the tent for that Special Event. After the second attempt to have the tent delivered for the second event, the Company was told that the order would be cancelled. As yet the deposit check has not been refunded. He asked that the Town understand the situation. He stated instead of spending $6,800 on a tent, the Resort Association ended up spending $9,400 and they still do not own a tent. Mr. Payne stated that for 1989, the Resort Association was requesting an additional $10,000. He stated that the Resort felt very strongly their value to the Town, and the savings they have helped the Town to achieve internally through the willingness to take on projects such as the Special Events, were in favor of a greater basic contribution than there was received in year's past. It was stated that the Resort Association owes the Town of Avon approximately $30,000 and they intend to have that paid off or, down to a manageable number by the end of this month. Councilwoman Harrison had concern of the figures that appeared on the proposed budget, and what funds would be used to make the payment to the Town. Mr. Payne felt that with the combination of their Memberships, the Special Events, and if the Resort run a profit, the Resort should be in the black at the end of 1989. Discussion followed. Councilman Davis moved approval that Council fund Kevin's request in a form of forgiving the $6,800 debt in 1988, and to increase the funding from $50,000 to $60,000 plus the $24,000 for 1989 with the understanding that in 1989, the Avon/Beaver Creek Resort Association owes no money to the Town of Avon, and that at the end of 1989, the Council review this issue based on the Resort being on a positive position before the Town would approve anymore funding to the Resort. -8- • The motion was seconded by Councilman Stovall and was carried with Councilwoman Harrison opposing. Mr. Payne stated that a copy of the Avon/Beaver Creek Resort Association's Financial Committee minutes and reports would be sent to the Town Manager. Mr. James stated that the Christie Lodge continues to owe the Resort Association $24,000 for Transportation for last year's services. He stated that he did promise the County that the Town would make that payment. The Town Manager requested that Council authorize the expenditure of $24,000 and set up an Accounts Receivable from Christie Lodge in the amount of $24,000. Councilwoman Harrison so moved. The motion was seconded by Councilman Davis and was unanimously carried. It was recommended that the Town have portraits taken of.. the previous Mayor and future Mayors of the Town. These would be displayed in the future display case. It was requested to accomplish this before the Town started to loose its historical records. The Council agreed. The discussions of the Out-of-District Fire Protection, the Log Cabin expansion, and the employees health insurance were deferred until the December 27, 1988 Council Meeting. The Financial Matters were next presented to the Council. Mr. James reviewed the memo in regard to the exemption of the transfer tax of Clinton Watkins. Mr. James stated that the transfer tax was paid from the transaction of Chambertin Townhomes, which later became exempt. He stated that he did not have the authority to refund taxes, that the authorization had to come from the Town Council in order to be refunded. He stated that by approving the Accounts Payable for December 13, 1988, the Council would be approving the refunding of the transfer tax. Councilwoman Harrison moved to receive items #1 through #10. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval Payable for December 13,'1988. The McRory and was unanimously carried. of the General Fund of Accounts motion was seconded by Councilwoman -9- 0 0 Councilwoman Harrison moved approval of the Reconiliation Sheet of Accounts Payable for December 13, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the November 22, 1988 Council Meeting Minutes as presented. The motion was seconded by Councilwoman McRory and was unanimously carried. The Town Manager suggested that the work shop for the December 27th Council Meeting begin at 4:00 p.m. as to discuss, Metro Marketing, Out-of District Fire Protection, Log Cabin expansion, and the employees health insurance. The Council agreed. There being no further business to come before the Council, Councilman Bennett moved to adjourn. The motion was seconded by Councilwoman Harrison. The meeting was adjourned by Mayor Nottingham at 11:07 p.m. -10- RESPECTFULLY SUBMITTED: Patricia J. Do e, own Clerk