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TC Minutes 12-10-1991MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD DECEMBER 10, 1991 - 7:30 P.M. The regular meeting of the Avon 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 Jerry Davis at 7:32p.m. A roll call was taken with Mike Bennett, Charlie Gersbach, John Hazard, Tom Hines, Gloria McRory and Albert Reynolds present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Planner Jim Curnutte, Police Chief Art Dalton, Fire Chief Charlie Moore, Public Relations Officer Teresa Albertson, Director of Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as well as members of the press and public. Mayor Davis called for Citizen In-put. Mr. Frank Johnson, representing Special Events Commission Task Force, gave background of the Commission. The Vail Valley Marketing Board, over the years, has viewed special events as a component of the marketing mix. The Town Council of Vail suggested that the Marketing Board take a role in evaluating all events proposed for the area. Vail Council suggested the Marketing Board review an event calendar and recommend the best use of dollars, thus a Task Force was born. The Task Force suggested including the Town of Avon's events. The Task Force has outlined recommendations for a 5 person commission, suggested criteria in selection of commission member, and composed a mission statement (see attached sheet detailing recommendations, suggestions and statement). Envisioning the format of the commission, it would serve as a "clearing house" of events and/or a coordination point. Example of a Special Events Commission Task Force is in Telluride. Council agreed to postpone the appointment to the Task Force until further discussion at next worksession. Next under Citizen In-Put was Mr. Ted Martin, representing the Mountain Man Triathalon. Mr. Martin updated Council by informing that Anheuser Busch will be the title sponsor with Busch Beer as sponsor of event. Secondly, the group is working on development of a national sweepstakes that will fly two people from five key markets around the Country into this area and will advertise Avon, Arrowhead, and Beaver Creek as the destination for that, through radio and television. Lastly, the event itself will be the largest television exposure for any single day event for all of 1992 in the entire Vail Valley with a 1 hour ESPN national television coverage. / 6 0 Next under Citizen In-put was Mr. Eric Besch representing the owner of the Comfort Inn, Avon. Ordinance 91-8, series of 1991 was introduced for First Reading. AN ORDINANCE AUTHORIZING A SUPPLEMENT TO THE INDENTURE RELATING TO THE TOWN OF AVON, COLORADO $9,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (AVON/WYNFIELD INN PROJECT), SERIES 1984. Mr. Besch informed that in 1984 the Town of Avon issued the Industrial Development Bonds for purposes of the acquisition and construction of the Comfort Inn. The bonds were issued pursuant to an Ordinance and an indenture of trust between the Town of Avon and the Trustee. The proceeds were loaned to the owner of the Comfort Inn for purposes of construction. The bonds are presently secured by a letter of credits by Citibank. This letter of credit expires in 1992. Mr. Besch is asking to substitute and replace that letter of credit which is issued by Citibank and replace it with a new letter of credit issued from a new bank in connection with the refinancing of this hotel and general package of hotels secured by Citibank. In order to do that we have to supplement and amend the trust indenture to make certain technical amendments to allow for the termination and replacement of the letter of credit. A requirement to the substitution of that letter of credit is that the substitution will not affect the ratings on the bonds. Points need to be clarified in the indenture in order to permit this substitution; firstly, to clarify the documents to give the bank the letter of credit issuer, in this case an interest in the trust estate. Secondly, just to clarify the document, the trust indenture, to provide for the specific parties, in this case the letter of credit is being issued by a new bank, this bank is out of Tokyo. Thirdly, is to add a specific provision to govern how the bonds, in the event they are purchased by the trustee are held by the trustee; just a legal clarification. Lastly, the indenture is clarified to give the bank more control in the event of default. Basically this means as long as the bank has the letter of credit and has not defaulted on the letter of credit there is absolutely no risk to the bond holder. Mr. Besch is requesting this Ordinance authorizing a third supplemental indenture to this trust to facilitate substituting this letter of credit and allowing a refinancing so that this hotel can continue to do business. Councilwoman McRory questioned when the letter of credit will come due again. Mr. Besch responded the letter of credit that is presently being negotiated is a one year letter of credit. However, the bank being negotiated with has agreed to renew that letter of credit annually for a seven year term provided that certain financial covenants are met. Mayor Davis questioned Attorney Dunn on the affect of the Town's financial rating. Attorney Dunn responded that sometime in the late 1980's these revenue bonds became taxable and therefore became somewhat undesirable; we just don't have them anymore. The Town has issued IDRBs for City Market, Vail Associates, and this project. They are repayable solely from the revenues of the pro?ect and do not implicate the Town's tax base. The Town has no obligation on the bonds. The only downside for the Town would be the impact on the Town's credit rating if any of the bonds should go into default. Mr. Besch stated that the bonds are fully secured by the letter of credit. -2- 0 0 Mr. Besch informed that the owner of the Comfort Inn is a limited partnership called Avon/Wynfield Inn Limited. It is basically 70% owned by a company from Denver, AIRCOA (Associated Inns and Restaurants Corporation of America) and several other individual limited partners compromising the other 30%. Councilman Reynolds questioned what happens if the Town decides not to pass this ordinance. Mr. Besch answered that if Council does not pass this ordinance, and if the letter of credit is not substituted, and the present bank is unwilling to continue it's letter of credit beyond 1992, there would be a default under the trust indenture, the bond holders and the trustee would call the letter of credit and pay back the bond holders with the proceeds of the letter of credit, the owner of the hotel would be required to repay the bank for the proceeds of the bonds that were paid to the bond holders, and uncertainty of what would happen to the owner of the hotel. Mr. Besch added there is really no risk to the bond holders at any time because of the letter of credit. Councilman Bennett questioned the need of these technical corrections to be reviewed by the Town's Bond Counsel. Mr. James responded that they have been reviewed. Councilman Bennett questioned whether it be appropriate for this Limited Partnership to reimburse the Town for the cost of the review. Mr. James responded that this has been arranged. Councilman Bennett moved approval of Ordinance 91-8, subject to review by Bond Counsel and that the fees incurred due to that review be reimbursed by this Limited Partnership. Councilman Hines seconded the motion. Mayor Davis entertained a roll call. Those Councilmembers voting aye were John Hazard, Mike Bennett, Charlie Gersbach, Tom Hines, Albert Reynolds, and Gloria McRory. There were no nay votes. The motion carried unanimously. Second Reading was scheduled for the Special Council Meeting to be held on Thursday, December 19, 1991 There being no further Citizen In-put, the Mayor closed that portion of the Agenda. Resolution No. 91-33, Series of 1991, A RESOLUTION EXTENDING THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR WILDRIDGE ACRES SUBDIVISION. Mr. Rick Pylman reminded that Council discussed this item at last council meeting. Mr. Pylman informed that this 12 single family subdivision, Wildridge Acres is in the final stages of development. Approximately 9-10 units are under construction now, with 7-8 units occupied. The Subdivision Improvements Agreement called for all improvements to be completed by December 1, 1991. Some of the improvements have not been completed; landscaping, utility lines need to be buried, and roads need to be paved. The Town does have a letter of credit to cover those costs. With the improvements not being completed by December 1, 1991, the developer has requested an extension of the Subdivision Improvements Agreement to June 1, 1992. -3- Some of the problems discussed at last Council Meeting included the homeowners' concerns regarding the condition of the road. Curb and gutters have been installed-along the road,'with-a drainage pan running across the road in -one--iocation.r The road, base is low and the homeowners were having trouble getting over the curb and gutter into their driveways. Mr. Pylman has viewed the road this'past week and`it appears'to be passable.--,It is still not paved and will not be paved this winter. The-issue'of getting cars and°fire trucks over the drainage pan and concrete curb seems to be taken care of. The Extension to the Subdividers Agreement does contain a provision that requires the developer to maintain the roads through the winter. That would include more road base if necessary and snow plowing when necessary to provide access to those homes. Councilman Hazard questioned Mr. Pylman if firetrucks could get to the hydrants. Mr. Pylman responded that it appears to be accessible. Mayor Davis questioned the assurance that the roads will be maintained. Mr. Pylman answered the bond that the Town is holding assures that the road will be built. If the Town utilized- some of those funds for snow removal/maintenance, the Town could be jeopardizing the ability to build the road in the Spring. The Town has no collateral or any regulation that can be used for maintenance through the winter. Mayor Davis added that because the road is not paved, the Town has not accepted it as a'public road, therefore the Town will not maintain it. Mr. Rick Rosen, legal counsel for Bob Kedrowski, stated that landscaping is not part of the subdividing agreement.' There are $1,500 per house as it closed put into escrow at Stewart Title for landscaping issues. Those particular items have the Town-of Avon as one of the parties that signs off the escrow. The escrow can not be released until Council or Staff of Avon approves the . landscaping plan however, it is not in the subdividing agreement. The subdivider agreement is for the roads (includes Ked Spur and Shepard Ridge the two cul-d-sacs), gas and cable, telephone, sewer, water, underground electrical lines, lot pens, field staking, and any test the Town may require for the roads. The gas and telephone lines are in and covered, the sewer, water, electrical lines,- lot pens, field staking are all completed.- The one main issue is the pavement of the road. The actual curb and gutter and roadbase is in. Mr. Rosen is asking for an extension to go ahead and get the pavement in sometime between end of March and early April. Mr. Kedrowski was preparing to put the pavement in approximately middle October and had,the curb and gutter installed. Due to weather problems and Western Paving's requirement of $500 weekly to keep plant open, Mr. Kedrowski gave up on the plan to pave. Councilman Reynolds questioned why the roads were not paved prior to the inclement weather and thus eliminate the problems of access for homeowners. Mr. Rosen responded access is-a matter of disagreement. Mr. Rosen added that the people, from whom the road base material was purchased, advised Mr. Kedrowski for the first snowfall to'allow the snow to become packed into the road base and then freeze. This would allow the base.to be plowed without plowing it up. Mr. Kedrowski has a snow plowing contract with Paul Long at $50 per snowfall and does not include the driveways of homeowners. -4- 0 0 Mayor Davis reiterated what assurance does the Town have that the roads will be maintain allowing the residents to get in and out. Mr. Rosen responded that they are providing an Extension to the Subdivider Agreement which in a sense becomes a part of the Subdivider Agreement which holds the security (letter of credit) of $45-55,000. As part of that Extension, Mr. Kedrowski and Mr. Rosen have agreed and put in writing, "maintenance shall be sufficient to provide reasonable access for residents to their respective homes and parking areas. Maintenance will include snow removal." In the event that Paul Long or Bob Kedrowski fails, the Town has the ability to call that letter of credit due, under proper notification, and with the money start plowing. Mr. Rosen added that using too much of the money, then to get into the road could present problems, but for example a number of items that are held in the letter of credit are already completed and provide a cushion/contingency. Ms. Chris Vest, homeowner since June, stated she was out of her home for six weeks due to curb installation; four weeks the first time and two weeks the second time due to the drainage; back in August. The snow has piled up enough to allow access to driveways and once the snow melts access will again be limited. Ms. Vest stated that Wildridge melted last year late February/March and requested something be done at that time; June 1st is too far away. Councilman Bennett questioned when asphalt could be done in Wildridge. Mr. Norm Wood answered alot would have to do with the availability of asphalt; typically mid-April or even May before asphalt is even available. Mr. Rosen informed that Mr. Kedrowski is ready, willing, and able to get this paved as soon as possible. Mr. Rosen stated that Mr. Kedrow si has made a commitment that if more road base is needed it will be supplied. Mr. Kedrowski has a $55,000 letter of credit and it is to his best interest to get this project done. Councilman Hazard questioned what could be done temporarily. Mr. Rosen responded that if the weather cooperates with a dry Spring, a final road base may be laid and compacted to the Town's standards. Resident Ms. Vest requested the road base be brought up to the curbs and extend the road base out to the existing road. Mr. Rosen stated that perhaps there is a drainage problem with some mud and perhaps Mr. Kedrowski needs to get back in there. Mr. Pylman recommended, if Attorney Dunn agrees, that we can use the monies that we have covered in the letter of credit to hire snow removal or hire road base. Attorney Dunn recommended amending the Extension Subdivider Agreement to show that the amount represented by the letter of credit can be used to cover the Town doing snow removal and/or maintenance should Mr. Kedrowski fail to do so. Mr. Rosen requested that Mr. Pylman or Mr. Jim Curnutte contact Mr. Rosen should any problems arise with the maintenance or snow removal. Another resident questioned the accessibility of the fire trucks. Chief Moore responded that he went up to the area last week and that there was no problem with accessibility. Chief Moore added that if a car can get in and out, the fire trucks can get in and out. -5- i • Councilman Bennett moved to adopt Resolution No. 91-33, a Resolution extending the Subdivision Improvements Agreement for Wildridge Acres Subdivision with one change to the Extension Subdivider Agreement for Wildridge Acres Subdivision. That change would be under Section 2, any default of the maintenance sections of Section 2 would implicate the letter of credit; the Town would be able to draw on that letter of credit to satisfy that section, in the amount of the actual cost incurred / maintenance as described in Section 2 as appropriate. Councilman Reynolds seconded the motion and the motion was carried unanimously. Second Reading of Ordinance No. 91-7, Series of 1991, AN ORDINANCE AMENDING CHAPTER 3.08 (SALES TAX) OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO STANDARDIZED DEFINITIONS, COORDINATED AUDIT PROCEDURES, INTERCITY CLAIMS FOR RECOVERY OF TAX, PROTEST AND APPEAL PERIODS, NOTICES OF SALES AND USE TAX ORDINANCE AMENDMENTS, AND PARTICIPATION IN SIMPLIFICATION MEETINGS. Mr. Bill James stated that approximately one year ago, Colorado Municipal League established a sales tax simplification task force to devise an ordinance that would be fairly uniform and could be adopted by municipalities that levy and collect their own sales tax. Avon is a home-rule municipality that levies and collects its own sales tax. This ordinance benefits the business community by coming up with more uniform definitions of what is exempt and what the sales tax does apply to. The ordinance corresponds to the State guidelines so it will be easier for the local businesses to understand the definitions. The ordinance also outlines areas of reporting and auditing. Councilman Bennett questioned that this is not changing what the Town imposes taxes on; it is simply clarifying definitions. Mr. James responded that is correct. Mayor Davis opened the meeting for public hearing. Attorney Jim Wear thought this Ordinance a great idea. There being no one else wishing to be heard, the Mayor closed the public hearing. Mayor Davis called for a motion. Councilwoman McRory moved approval of Ordinance No. 91-7, Series of 1991 on Second Reading. Councilman Reynolds seconded the motion. Mayor Davis entertained a roll call. Those Councilmembers voting aye were Tom Hines, Mike Bennett, Charlie Gersbach, Albert Reynolds, Gloria McRory, and John Hazard. There were no nay votes. The motion carried unanimously. Resolution No. 91-35, Series of 1991, A RESOLUTION CANCELLING A REGULAR TOWN COUNCIL MEETING. Mr. James informed that December 24th will be Christmas Eve and made the recommendation to cancel this regular meeting. Mr. James suggested to have a Special Town Council Meeting on Thursday, December 19th for second reading of Ordinance No. 91-8. -6- 9 • Councilwoman McRory moved approval of Resolution No. 91-35 with the change that the Town Council schedule a Special Town Council Meeting on Thursday, December 19th at Noon at the Town Hall. Councilman Hazard seconded the motion and the motion was carried unanimously. Resolution No. 91-36, Series of 1991, A RESOLUTION TO AMEND THE 1991 TOWN OF AVON BUDGET. Mr. James informed that the total expenditures for 1991 equal $14,050,707 and is derived from; General Fund $6,085,1801 Public Works Fund $5,617,584, Debt Service Fund $579,972, Wildridge Special Assessments Fund $174,763, Town Center Mall Construction Fund $120,269, Town Center Mall Special Assessment Fund $253,069, and Housing Authority Fund $1,219,870. Councilman Reynolds moved to approve Resolution No. 91-36, a Resolution to amend the 1991 Town of Avon Budget. Councilman Bennett seconded the motion and the motion carried unanimously. Resolution No. 91-37, Series of 1991, A RESOLUTION TO ADOPT THE 1992 TOWN OF AVON BUDGET. Resolution No. 91-38, Series of 1991, A RESOLUTION TO SET MILL LEVIES FOR 1992 BUDGET LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1991, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 1992 BUDGET YEAR. Mr. James explanation encompassed both Resolutions. Mr. James explained that under the proposed budget for 1992 it contained within this Resolution some minor adjustments that we have had to go back through and were presented at the workshop. The major one in the General Fund is workman's comp where we have received approximately a 60% increase over the last two years. In the Public Works Funds included in the Resolution, is accounts to consider a Community Center next year, as well as a Special Assessment District. With regards to discussions at the workshop, Mr. James has put in his report Council's option to reverse the decision of a community Center and Special Assessment District. To exercise this option council need only move to amend Resolution No. 91-37 Bond Proceeds Revenues, Public Works Fund from $2.6 million to Zero. And, amend Expenditures / Recreation Complex / Public Works Fund from $3.5 million to Zero. Regarding the mill levy, notification was received today that the Assessed Valuation has been changed from $41,026,250 down to $37,975,720 and we would need to amend Resolution No. 91-38 and leave the mill levy the same. In order to do this, we need to make Resolution No. 91-38, General Operating Expenses $485,178; the amount of money necessary for the Debt Service Fund would remain the same at $486,000; and change the Assessment from $41,026,250 to $37,975,720; under Section 1 the mill levy would be 12.776 not 11.966 for General Operating Expenses; and under section 2 the mill levy would be 12.797 not 11.846 for the Debt Services and Capital Improvements. -7- ! ! Mr. James reiterated; Resolution No. 91-38 should read, "the title will remain the same, the first WHEREAS will remain the same, the 2nd WHEREAS-the amount of money necessary to balance the budget for General Operating Expenses is (used to read $490,927 and now will read) $485,178. The 3rd WHEREAS is OK; did not change; you still need $486,000 for the Debt Service Fund. The 4th WHEREAS needs to read the 1991 valuation for assessment for the Town of Avon, as certified by the County Assessor is (and was $41,026,250 and should now read) $37,975,720. Section 1. for the purpose of meeting all General Operating Expenses of the Town of Avon during the 1992 budget year, there is hereby levied a tax of 12.776 mills (used to be 11.966). Section 2 that for the purpose of meeting all Debt Services and Capital Improvements of the Town of Avon during the 1992 budget year, there is hereby levied a tax of (it used to be 11.846 it is now) 12.797 mills." Councilman Hazard questioned that during Worksession, discussion was on no tax increase; with that 25.573 mills is that an increase. Mr. James answered 25.573 mills is the same mill levy as last year and will generate revenues of property taxes from $912,000 to $971,000. Councilman Hazard questioned what was the mill levy of 24.410. Mr. James responded that was on the basis of revenues last year of $912,000 and adding the new construction would give you $927,000, then divide by new assessed valuation and that would equal the 24.410. Councilman Bennett moved to adopt Resolution No. 91-37 with no amendments. It is the understanding to leave it as it is; that we may not implement it in 1992; pursue it; design the project but it does not commit us to expend the funds; but the funds are budgeted in the event we would want to do that. Leave Resolution exactly as presented. Councilman Bennett withdrew the motion due to lack of a second. Councilman Hines moved to adopt Resolution No. 91-37 with the following amendment. That we reverse the Bond Proceeds Revenues / Public Works Fund from $2,600,000 to Zero and that we leave the Second Amendment the same. Councilwoman McRory seconded the motion. Mr. James informed that in order to have the Public Works Fund balance, both would need to be amended (1 = move to amend Resolution No. 91-37, Bond Proceeds Revenues / Public Works Fund from $2,600,000 to Zero; and 2 = amend Expenditures / Recreation Complex / Public Works Fund from $3,500,000 to Zero). Mayor Davis entertained a vote. Motion failed. Councilman Bennett moved to adopt Resolution No. 91-37 as presented. Councilman Reynolds seconded motion. Mayor Davis stated that we need to change one of the Funds from $976,000 to $971,000 and that would give us the General Fund. -8- Mr. James informed that he will adjust the $5,000 within the revenues without having,-to go back and amend the General Fund Budget. Mr. James offered to configure a new Resolution, on the basis that the Town wants to'eliminate the Recreation Center and the Special Assessment District. Mr. James added that this is the.only change we are.dealing with in-the Public-Works Fund. If indeed the consensus is to, not include the 3.5 million Recreation Center and the Special Asessment District for road improvements as was discussed in the worksession, Council needs to move to get rid of the bond issues of 2.6 million and move to get rid of expenditures for the recreation complex of 3.5 million. Mayor Davis called for a motion on Resolution No. 91-38, series of '1991 setting the Mill Levy. Councilman Bennett moved to adopt Resolution No. 91-38 not as presented, but with four changes. The 2nd WHEREAS is $490,927 would be changed to $485,178. The 4th WHEREAS would be changed from $41,026,250 to $37,975,720. Section 1'the mills would change from 11.966 to 12.776. Section 2 the mills would change from 11.846 to 12.797. Councilman Reynolds seconded the motion and the motion carried unanimously. Mr. James asked Council to turn to page two of Resolution No. 91-37. Mr. James made note that estimated expenditures for each fund for 1992 are as follows: General Fund $6,381,656; Public Works Fund $1,559,035; Debt Service fund $576,219; Wildridge Special Assessments Fund $174,763; Housing Authority $1,677,725; Town Center Mall Special Assessment Fund $253,069 for total expenditures of $10,622,467. Mr. James added that under Section 2, General Fund remains the same. Public Works Fund Revenues changes from $3,371,651 to $741,651, Fund Balance remains the same at $1,742,762 for a total of $2,484,413. Debt Service Fund remains the same. Wildridge Special Assessments Fund remains the same. Town Center Mall Special Assessment Fund remains the same. Housing Authority remains the same. Councilman Gersbach questioned that the proposed Total 'Expenditures for 1992 are now $10,622,467. Mr. James stated that is correct. Mayor Davis announced that the Council has just cut $3.5 million from the-proposed budget. Councilman Gersbach moved to pass Resolution No. 91-37, Series of 1991, a Resolution to adopt the 1992 Town of Avon Budget with the following numerical changes. Section 1, Public Works Fund is reduced $5,059,035 to $1,559,035; reducing the Total Expenditures from $14,122;467 to $10,622,467. Section 2, General Fund remains the same.- The Public Works Fund, the revenues are reduced to $741651 creating a total Public Works Fund of $2,484,413. Debt Service Fund, Wildridge Special Assessment Fund, Town Center Mall Special Assessment Fund, and Housing Authority remains the same. Councilman Hazard seconded the motion. Mayor Davis entertained a vote. The motion carried with Councilman Bennett opposing. Resolution No. 91-39, Series of 1991, A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE COUNTY TREASURER. -9- Mr. Bill James stated that the Local Municipal Code requires that anytime people are making payments on Special Assessments we are required to bring them to the Town Council and have them certified to the County Assessor's Office for collection. There are a number in the Wildridge Special Improvement District that are delinquent and Staff is bringing them to the Council tonight for authorization to certify to the Assessor for collection. This is for the Special Assessment District created for gas and cable television. The County collects this delinquent amount through property taxes. This is a lien on the property. Councilman Bennett moved adoption of Resolution No. 91-39, Series of 1991. Councilman Hines seconded the motion and the motion carried unanimously. Next under New Business was the Avon/Beaver Creek Resort Association Agreement. Mr. Don Orrell updated Council on various items. The Association ust held the Haunting with 1,000 kids in attendance and donated 2,000 to Meadow Mountain School for books and supplies. The Fall Newsletter has been sent out. The Association just joined the U.S. Chamber of Commerce and will be listed with over 4,000 Chambers nation wide. November Business After Hours was just held at Bocco's. The Association has been lobbying the County Commissioners for a new activity site at Camp Hale for Nova Guides. The Visitor Center is open with counters, brochure racks, and photos from Norm Wood. A questionnaire has been mailed out (approximately 400) through out the Vail Valley to find out what the business owners/people are looking for in a Chamber. The Association participated and attended in a fact finding meeting concerning state and school finance issues with Governor Roy Roemer. The Association is planning the up-coming Christmas Party and Mr. Orrell requested volunteers. Mayor Davis asked Mayor Pro-Tem Reynolds to be the Town's representative in Mayor Davis's absence. February 15th will be the Mayor's Cup at Haymeadow. The Association has met with Children's Hospital Bike Tours; 2,000 bike riders will end their tour in Avon and stay two nights. Relocation Packet is being compiled. Peter Jamar is drawing a Valley Wide Map to be presented under plexiglass in the visitor's Center. The Association is looking to Coop advertising in the Vail Valley Summer Vacation Guide with the Town. Councilman Hazard questioned a visitor's book so that people could sign. Mr. Orrell stated that a visitor's book will be in place and this can be used for mailing purposes as well. Mayor Davis questioned how the Association is handling reservations. Mr. Orrell stated it is being handling thru the Centron phone system linking calls directly to member businesses. Councilman Reynolds questioned hours of operation. Mr. Orrell answered 5 days a week, Monday thru Friday, 8-5. Mr. Orrell added that extended hours will be looked at depending on funding; definitely looking at Saturdays in the summertime. Discussion followed as to hours of operation - 5, 6, 6 1/2 days, etc. -10- • • Mayor Davis focused discussion on the Agreement and asked Mr. James for outline. Mr. James informed that the number of special events have been reduced in accordance with Council's request. Item #4, Salute to U.S.A., needs to be clarified as to what the Association is doing and what the Town is doing. The Town will purchase the fireworks and be able to secure the area, work closer with the fire and police departments in terms of security, and move the fireworks back to the dam location and not in two locations. Council did discuss things more specifically regarding business services. There is pretty general language regarding business service and the agreement does not address specifically the number of hours and number of days that the Association is expected to be open. Total of $108,00 will be paid in two installments; one February 1st and the other on June 1st of $54,000 each. Discussion returned to hours of operation. Councilman Hines questioned whether the Association is planning to expand the Visitors Center anytime soon to accommodate at least one more day; instead of just 5 days a week to 6 days a week. Mr. Orrell responded that the Association plans to do that but are operating within constraints right now; last years budget. Mayor Davis voiced concerns of the lack of communications and lack of documents from the Association. Mayor Davis requested more detail in the agreement; hours of operation; number of staff; accounting items and when received, etc. Mayor Davis suggested Council to meet with the Association Board for further discussion and to clarify these details. Mayor Davis suggested meeting Thursday, December 19th, at Noon. Mr. Orrell will contact the Association Board to see if members are available. Next was the Town Attorney Report. Attorney John Dunn stated that the Town is in position to resolve part of the Confluence Condemnation. As background, a year ago, October, the Town filed a condemnation petition to acquire the right-a-way and easements necessary to do the project. After filing the condemnation petition and we received temporary possession it became necessary to acquire a small additional piece 6/10 of an acre. The Town filed a second condemnation petition with respect to that little piece. The main condemnation remains unresolved and will not be resolved until we are first in court in February. In connection with the other petition on the little piece we had a hearing on temporary possession and the Town was ordered on the basis of the Town's appraisal to pay into the registry of the court $4,908. Confluence wants to settle that one rounded up to $5,000 and just get rid of that little piece so that we can deal exclusively with the main proceedings. Since we have already paid in $4,908 we are only talking about a $92.00 difference and Attorney Dunn is requesting Council's authorization to enter into a stipulation to resolve the 6/10 acre for $5,000 which would require an additional $92.00. -11- • • Councilman Bennett questioned the appraisal. Attorney Dunn stated the Confluence is accepting the Town's appraisal to the nearest thousand. Mr. James added that alot of issues remain to be settled; irrigation ditches, $70,000 of the original offer we made to them, right-a-way. Instead of separating the property, Mr. James questioned what leverage the Town may have with negotiating with combined property. Attorney Dunn responded that we have already given them $5,000 in rough numbers in the registry of the court and is a matter of them drawing it out. The other thing is the Town did file a motion to consolidate, to deal with them as one case, and that motion was denied. The court is forcing the Town to deal with them separately and at this point it is just a nuisance and will create more expense to deal with this one little parcel and Attorney Dunn does not see that the Town gains any particular leverage. Councilman Bennett moved to pay the additional $92.00 and authorize Attorney Dunn to enter the stipulation. Councilman Reynolds seconded the motion and the-motion was carried unanimously. Next was Mayor's Report. Mayor Davis requested each Councilmember to report on the various committees that they are on. Regarding the Transportation Task Force Committee, Councilman Hazard stated that their next meeting is next week. Councilman Hazard reminded that Mr. Frank Johnson had given update on the Special Events Commission Task Force and that the decision now lies with the Council to appoint someone on that Commission. With regards to the Vail Valley Marketing Board, Councilman Hazard suggested Mayor Davis could report more on that matter. The meeting with the Ski Classic was held last week and was mainly on logistics; rooming, awards, where, what time, etc. Channel 23 turned down Councilman Hazard to be a member of their board. Councilman Hazard stated that Channel 23 would accept an Avon Councilmember as a non-voting member or as an associate member. Councilman Hines reminded that Mr. Ted Martin updated the Council earlier tonight. Mayor Davis reported that the Vail Valley Marketing Board continues to spend money. Surveys were sent out to the approximate 20,000 responders from a brochure finder. Alot of people requested the information and showed that alot did not come to the area, at least this year. With regards to the CAST meeting, Mayor Davis will attend this in Telluride. Councilman Bennett stated there is nothing to report on NWCCOG. Councilman Reynolds reported that there is nothing to report on the Housing Authority. -12- 0 • Councilman Gersbach commented on the BerryCreek Authority. The next meeting will be Thursday, December 19th at 7:30pm. Howard Garner is the Chairman, with Commission Welch is second-chairman. The group is working with Peter Jamar to do an analysis of the property. The group will also be discussing the Regional Bike Path System. Regarding Avon Metro, the ball is in the court of Eagle-Vail and Avon Metro is in the decision process should Eagle-Vail not sign the agreement. Next on the Mayor's Report, Mayor Davis stated that Councilwoman McRory had written a letter discussing role on the Council. To date Mayor Davis has not received word from Councilwoman McRory regarding decision on residency. The letter stated a decision would be made December 1st. Mayor Davis questioned council on how to proceed; executive session, here/now, or next Council meeting. Councilman Reynolds responded that discussion should be with Councilwoman McRory present. Mayor Davis stated that irregardless of this issue, the Charter probably needs to be updated on Councilmembers' residency. Attorney Dunn added that the Charter is vague in that regard and that an ordinance could be passed. Mayor Davis instructed Attorney Dunn to review and report at next meeting. In Attorney Dunn's absence, Larry Hartlaub will attend. Mayor Davis reported that Vail Mayor Osterfoss checked out of the hospital this morning approximately 11:00am and seems to be doing well. Attorney Dunn responded to Councilman Hazards' questions regarding the lawsuit of Roberto Paz Pena vs. Town of Avon. Attorney Dunn stated that it is filed in the County Court and the limit of the county court jurisdiction is $10,000. The case arises out of an investigation by the officer who is involved. Attorney Dunn has reviewed the matter and indicates that everything was done properly. The problem that happened was when the matter came up in county Court, through the District Attorney's office, no witnesses had been subpoena and as a result the case was dismissed. Attorney Dunn stated the matter will be turned over to the insurance carrier, CIRSA. In the meantime, Attorney Dunn will file something with the District Court to ensure the Town is protected. The Financial Matters were next presented to Council. Councila man Hines moved to receive items #1 through #12 and approve items #13, #14, and #15. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilimman Hines moved approval of the November 26, 1991 minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. -13- 0 • There being no further business to come before Council, Mayor Davis called for a motion to adjourn. Councilwoman Reynolds moved to adjourn. The motion was seconded by Councilman Hines. The meeting was adjourned by Mayor Davis at 10:45pm. RESPECTFULLY SUBMITTED: -14- Patty yhart, Clerk i 0 The-Special Events Commission Task Force is composed of the following representatives: John Hazard - Town of Avon Rob Robinson - Vail Recreation District Rom Phillips - Town of Vail Ted Martin - Marketing Board Special Events Committee Steve Shanley - Vail Associates John Garnsey - Vail Foundation Frank Johnson - Vail•"Resort Assn/Vail Valley Marketing Board The group was constituted to formulate a plan for the establishment of a commission to organize and handle special events on behalf of the Town of Vail and potentially, in the future, the Town of Avon. The following are the group's recommendations: 1. Constitution of 5 participants 1 - appointed 1 - appointed 2 - appointed 1 - appointed commission by the Vail Valley by Vail Associates by Town Council of by Town Council of Marketing Board Vail Avon 2. Method of selection solicit resumes from the community at large. Schedule interviews with interested parties Ratings and selection should be based on the following criteria: A. candidate must have lived in the Vail Valley for a minimum of 2 years fulltime. B. candidate must demonstrate, through previous work/committee experience, the willingness to leave their "personal agenda" out of commission activities. C. candidate must demonstrate, through previous work/committee experience, the ability to work effectively in groups for consensus decision making. D. additionally; the following are criteria which will help establish the potential success of the participants: 1. demonstrated past success in the planning/production of any or a combination of the following: a. sporting events b. cultural events c. entertainment d. press relations 2. background in budget planning and execution 3. marketing/sales experience Post-It" brand fax transmittal memo 76711 rat POW 3. Mission The mission of the Joint Commission on Special Events is to improve the use of special events and activities within the Vail, Avon and Beaver Creek Resort communities as marketing tools to enhance the image of the Vail Valley as defined in thq positioning pursued by the Vail Valley Marketing Board and thereby attract increased destination vacationers. This will be achieved by: A. developing a set of criteria by which to evaluate events, both current and proposed, based on their media value, participant attractiveness, spectator appeal, or other criteria as selected by the commission. B. Developing a code of ethics and an operating plan to assure that events are judged without prejudice caused by special interest groups and individuals C. developing a schedule for the review of funding proposals for events D. evaluating all events and activity proposals according to the criteria outlined above and recommending to the town councils in Vail and Avon which proposals merit funding consideration. E. assisting event planners by recommending other potential funding sources F. conducting post event critiques on events recommended for funding G. developing a plan to attract and/or develop new events which would contribute to the community strategic positioning as developed by the VVMB 4. Timing: The task force recommends that the publication of criteria and solicitation of resumes begin in early December with interviews and selection finalized by early January.