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TC Minutes 03-10-19920 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 10, 1992 - 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 7:33p.m. A roll call was taken with Councilors Charlie Gersbach, John Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Also present were Assistant Town Attorney Larry Hartlaub, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Planner Jim Curnutte, Police Chief Art Dalton, Fire Chief Charlie Moore, Public Relations Officer Teresa Albertson, Superintendent of Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as well as members of the press and public. First item under Citizen Input was a funding request for Casino 92 to benefit Early Childhood Programs. A citizen representing Ms. Nancy Nottingham came before Council to answer any questions Council may have with regard to the request for funding for Casino 92 benefitting Early Childhood Programs in Eagle County: She informed Council that Casino 92 is scheduled for Saturday night, March 28th at the Marriott Mark. Sponsorships available are $250, $500, and $1,000. The Avon Recreation Department donated a paddle boat season pass last year and will be donating the same this year. Councilor Pysher motioned to grant Casino Night $1,000. Councilor Hines seconded the motion. Motion failed with Councilors Gersbach, Hines, Nottingham, and Reynolds opposing. Councilor Hines motioned to contribute $250 to the Casino 92 Night. Councilor Reynolds seconded the motion and the motion was carried unanimously. Second Reading of Ordinance No. 92-2, Series of 1992, AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-1," CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKEN; FINDING SATISFACTORY THE ESTIMATE OF COST, FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE MAP AND ASSESSMENT PLAT, ALL HERETOFORE PRESENTED IN CONNECTION WITH THE DISTRICT; PRESCRIBING THE EXTEND OF THE DISTRICT, THE KIND AND LOCATION OF THE IMPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESSMENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIMES IN WHICH THE COSTS ASSESSED WILL BE PAYABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. 0 0 Mr. James noted ordinance No. 92-2, on second reading, has a couple of chances that need to be addressed. The "Estimated Amount of Special Assessments" is changed from $860,811 to $879,464 and the "Amount Available from Other Sources" is changed from $916,713 to $898,060. The revised assessment roll reflects these changes and does include the deletion of the Sidewalk Society from the estimated cost of the District. This brings the District cost down to $1,777,524 from the original estimate of $2,052,524. The assessments are changed with a reduction from $22.8944 per day trip to $20.1690 per day trip which translates into a reduction of assessment for residential unit from $137.37 to $121.01 and reduction per 1,000 square feet of commercial space from $1373.66 to $1210.14. The Ordinance includes changes of Adjustments to Assessments in the amount of $138,060.03. Mayor Davis opened the meeting for public hearing. Mr. Rick Rosen, representing legal council for Wildwood Investment, voiced concerns with the Special Improvement District. Mr. Rosen stated he is not convinced that Council took into consideration the voice of the public. Mr. Rosen stated that two people gave affirmative reasons for the Special Improvement District and the majority gave negative reasons; yet the Council still passed the Ordinance on first reading. Mr. Rosen stated Council has taken an affirmative approach on a matter requiring public support. Mr. Rosen reminded of the voting of Council (4 pro and 2 con) and stated that only one Councilmember is duly elected with 5 appointed members. Mr. Rosen said, "obviously, I've clot a concern there with the legality whether or not we have a legitimate vote on a public supported Ordinance." Mr. Rosen mentioned the Municipal Code, Section 7.2A states the right of referendum and added that there is support to put this to a referendum. Mr. Rosen stated there is serious question whether or not State Statutes can be superseded in a Home Rule situation. Mr. Rosen added that court action may be required to make a determination whether this ordinance can be legally supported. Mr. Rosen said, "I'm not sitting here saying that I am clearly going to go to Court on this, but I am taking it into consideration because I think you do not have the public support of the vote that was given on February 25th a 4 to 2 vote passing the first reading of that ordinance." Mr. Rosen requested Council to delay the passing of this ordinance on second reading. Mr. Rosen advised Council to take time; let Town Attorney make certain all is legally in order; make a determination whether there is a right of referendum; make a determination whether there is public support or not. Mr. Rosen added the special benefits is every single resident and thus assessments should be spread through out to entire Town. Mayor Davis reminded Mr. Rosen there are two elected officials on the Council; Mayor Davis and Councilor Reynolds. Mayor Davis added that all Councilors are duly elected and/or appointed officials. Mr. Rosen said, "It appears to me that we do not have a Board or Town Council that is clearly elected by the citizens of the Town of Avon. We have two elected Town Councilmembers which have voted, four other members have voted on a matter that did not take into consideration public support and I am questioning to whether or not that in itself is what you have sworn your duties to be." Mr. Rosen added that there was not public support, at least from the people who publicly went on record. -2- t i Councilor Nottingham displayed Council minutes of February 25th with comments highlighted; fourteen people came before Council with three people voicing opposition, leaving eleven in favor. Even people that opposed certain aspects expressed some positive ideas. Councilor Nottingham added Council is listening to th_e - public. Mr. Rosen offered support for the project but is against the method of assessment. The Town does need the improvements and needs to pay for them in'a different way. Mr. Dave Yoder stated that with Council pushing this issue it is building alot of resentment from the business community. Mr. Yoder is not against the improvements. Mr,'Yoder.feels.the assessment is not fair. With no one else wishing to be heard, Mayor Davis closed the public hearing. Councilor Reynolds stated he wished we could make every one happy and feels very strongly that the project should progress. Councilor Gersbach'stated this is an unfortunate situation; we do need the program but his vote will be the same as last time. Councilor Hines read Mission Statement and added this project does promote a positive economic climate. Councilor.Pysher stated the assessments should encompass the entire community and-for that reason he can not support the project. Councilor Nottingham commented Council needs to go ahead with the project. Assistant Town Attorney Hartlaub confirmed a referendum would be possible with regard to this ordinance because the Ordinance sets up a District. This Ordinance does not approve the issuance of any bonds; it is the issuance of bonds Ordinance that is not subject to referendum.. Section 15.5 of the Charter provides that there is a 30-day window after the Ordinance is adopted within which someone that believes they have- legal ground can run an action to try to void the effectiveness of this Ordinance. There is protection to the public through the referendum,process. Once the Bond Ordinance is adopted, that is not subject to referendum. Mayor Davis commented Council can not please everybody and can not be absolutely fair about an assessment that costs money. Four people-for and two people against is still,a majority and carries no less weight. The Town of Avon has a process in the Charter for elected Councilmembers as well as appointed Councilmembers. Mayor Davis commented the goal is to improve the quality of life in this community and business atmosphere and feels this project will be of particular, benef it ~ to the businesses. Mayor Davis called for a motion. Councilor Reynolds moved approval of Ordinance No. 92-2 with the following chances; Total Coast is to be'$1,777,524; Estimated Amount of Special Assessments is $860,811; and Amount Available from Other Sources is $898,060. Councilor Nottingham seconded the motion. Mayor Davis opened the meeting for further discussion. -3- • With no further discussion, mayor Davis entertained a roll call. Those Councilors voting aye were Nottingham, Hines, Hazard, and Reynolds. Those Councilors voting nay were Pysher and Gersbach. Motion carried. Mayor Davis informed the next phase is the Ordinance for the bonding which will be on March 24, 1992. Next was Unfinished Business with regard to Bungee Jumping. Mr. Bill James informed Staff has checked with various Municipalities and Counties such as Steamboat, Summit, Boulder, Winterpark,Weld, and Eagle with regards to regulations concerning bungee dumping and found no regulations. Colorado Municipal League has no Ordinances regulating bungee jumping and balloon operations. The FAA regulates if a balloon is tethered the balloon is required to be registered and the pilot to be licensed for any bungee jumping. The difference is moored as opposed to tethered and the FAA has several pages of regulations on moored balloons. Problems that were mentioned from Steamboat and Summit were parking problems from spectators. Snowmass denied a bungee jumping operation which was to occur on Town property due to concerns about liability issues. Summit is bungee jumping from a crane. Mr. James mentioned concerns of an enforcement issue with regards to parking or traffic congestion due to spectators. Mayor Davis opened the meeting to the balloonists and those concerned about bungee jumping. Mr. Tom Davies, a licensed pilot since 1951 and flying balloons for 22 years, stated he is the originator of the now defunct Balloons, Bluegrass, and Barbecue. Mr. Davies stated he is not opposed to bungee jumping as long as it is not from a balloon. Mr. Davies mentioned the death associated with bungee jumping in California. Mr. Davies contacted an FAA official in Paris, California, who informed Mr. Davies that the suicide was news to him. Mr. Ed (Merlin) Sagan, balloonist from Camelot Balloons, came before Council. Mr. Sagan, involved with balloons since 1973 and operating Camelot Balloons for over 3 years, stated he is not opposed to bungee jumping as long as it is not from a balloon. Mr. Sagan voiced concerns of bungee jumping from a balloon. Those concerns were; winds in the immediate area, platform used on the balloon for jumping; and how ballooning is perceived in the Valley. Councilor Hazard questioned Mr. Sagan with regards to modification of the basket and whether it is insured. Mr. Sagan stated the balloon is consider an aircraft and any modification of an aircraft has to be approved by FAA and by the balloon manufacturer. Without approval of the manufacturer that aircraft is no longer air worthy as far as FAA is concerned and the insurance company would no longer cover the aircraft. Councilor Hazard questioned Mr. Sagan with regards to downdraft during a bungee jump. Mr. Sagan speculated concerns of any, downdraft; there is a delay involved of 8-10 seconds to regain lift. -4- • • Councilor Hazard questioned Mr. Sagan with regards to manufacturers of balloons modifying baskets. Mr. Sagan responded that no manufacturer of hot air balloons have approved modifications for use in bungee jumping. Councilor Reynolds questioned FAA disapproving bungee jumping. Mr. Sagan responded FAA hasn't approved it. Mr. Sagan added FAA has taken the position that basically they have other things more demanding to spend their time on. Councilor Reynolds reminded of parachuting and how it evolved over the years. Councilor Hines questioned Frisco problems. Mr. Sagan answered information he received from the crew were winds damaging the balloon and damage to cars in the vicinity. Also balloon deformed due to stresses applied and the balloon broke free of the tethered strap; some operations use only one strap for tethering. Councilor Hines added there are guidelines for tethering. Mr. Sagan agreed there are recommended guidelines. Citizens away from microphone; unable to transcribe. Mr. Davies mentioned that a hot air balloon is regulated the same as a Bonanza, Cessna, or 747. Councilor Hazard mentioned camera helicopters flying extremely close to the ground until fatalities occurred and the FAA then came in and severely regulated such operations. Councilor Hazard hopes this is not the case regarding bungee jumping. Mr. Davies informed that presently the FAA does not have the manpower to regulate bungee jumping. Mr. Kurt Oakley, with Mountain Balloon Adventures, stated he does not have a problem with bungee jumping, just not from a balloon. Mr. Oakley added that with his company being a full-time / year-round operation he has a good relationship with the community and does not want to see that relationship Jeopardized. Mr. Oakley stated he would hate to see his privilege of flying in the community damaged due to an accident of something he feels is unsafe. Mr. Oakley mentioned noise from burners and that during landings they are sensitive to neighbors/land owners such as landing early Sunday morning, near horses, etc. Ballooning is an early morning sport basically due to surface winds as the day progresses. Ms. Lesley Davies, owner of Aero Vail, informed she started flying hot air balloons in 1968 and received her commercial pilot certificate and instructor's rating in 1972. Ms. Davies added she has operated an FAA certified repair station for 15 years. Ms. Davies expressed concern with perception of safety of bungee jumping versus actual risks with regards to insurance, technical data from manufacturers, and the FAA. Mr. Davies presented Council an informational packet earlier in the meeting and Ms. Davies detailed the information contained. Ms. Davies mentioned insurance carried, by prospective area bungee jumping operators, only includes spectator coverage; modification of drilling holes, securing hardware, modifying aircraft significantly needs to be evaluated; and the FAA will investigate on a priority basis due to lack of manpower. Ms. Davies finalized by stating she does not believe this operation should be allowed in Avon, Eagle County, or the State of Colorado. -5- • • Mayor Davis commented that Council has now heard all the reasons not to go bungee jumping and asked for reasons to go bungee jumping. John Greco, prospective bungee jumping operator in Avon, stated there are over 300 balloon bungee jumping operations within the United States. Mr. Greco inquired of Council what information to supply. Councilor Hazard questioned if Mr. Greco's platform is approved by the manufacturer. Mr. Greco responded no, the platform sets in and slides over the top of the basket and can be removed. Mr. Greco added there has been no modification; no nuts, bolts, bars; nothing put in or connected to the balloon. Mayor Davis interjected that the Council is not in the business of regulating balloons and questioned the debate concerning the FAA's position. Mayor Davis questioned if there is FAA approval required for bungee jumping operations then Council wants that approval. Mr. Greco informed two FAA agents viewed the operation in Steamboat Springs, checked pilot licenses and had no problem with the operation. Councilor Hazard questioned traffic congestion due to spectators. Mr. Greco responded that as soon as the operation is visible from the Interstate, the exit is visible; traffic will exit and park at the operation. Police Chief Art Dalton noted this will be an enforcement issue and does see a possible problem. Mr. James added that it is illegal to park on the Interstate system and if this becomes a problem it may need to be reevaluated. Mayor Davis questioned insurance and air worthiness with regards to modification. Police Chief Dalton responded that every balloon registered with FAA must be inspected for air worthiness and is issued a certificate. All aircraft must be maintained properly and any modification must'be approved by FAA with regards to free flight balloons. Mr. Greco added that basically as long as a certificate of air worthiness is secured and pilots are commercially licensed the FAA has a hands off policy on bungee jumping. Councilor Hazard questioned who will be the pilots. Mr. Greco presented Council copies of the pilots' licenses. Councilor Reynolds questioned there is no modification to the balloon. Mr. Greco responded there are no bolts used, no holes being drilled; it simply slides over the side. Councilor Reynolds questioned if the FAA considers this a modification. Mr. Greco assumes not, as when FAA viewed the exact platform during the operation in Steamboat, FAA had no problems. Councilor Hazard questioned hours of balloon to be used in Avon. Mr. Greco answered 400 hours with last check; (100 hr annual); approximately 6 hours on new annual. Assistant Town Attorney Hartlaub suggested Council avoid operation on public property and this is proposed on private property. Mr. Hartlaub mentioned that Town staff has reviewed zoning and found this to be in compliance with existing zoning. Mr. Hartlaub cautioned Council to take information into consideration and make no motion either approving or disapproving this operation. Mr. Hartlaub voiced concerns of Council requesting more information; where Council may start to regulate the use and produce possible liabilities. -6- • Mr. Greco interjected, in response to the noise factor earlier discussed, that this area is not residential and basically the highway will produce a louder noise than the balloon. Mr. Greco added the tethering system is made by the balloon manufacturer and is a three point tethered system with each rope taking a breaking strength of 8600 pounds. Mr. Greco informed there have been over 1/2 million jumps in the last year and one fatality. Mr. Greco stated the insurance coverage is only for spectators. It does not cover the jumper; the jumper signs two releases / waivers. This insurance policy is compared to a ski operator's insurance coverage; each participant is not insured, negligence is covered. Mayor Davis interjected the Town does not regulate businesses. Council agreed that with this being on private property it is zoned correctly and thanked the participants for their information. Next under Unfinished Business was scheduled Gosshawk Townhomes. Mr. James informed the Association has requested to come before Council at next meeting. Next under Unfinished Business was Vertical Marketing. Mr. Tom Britz reminded Council of the request for a licensing agreement for Bob the Bridge and the suggestion of an additional special event with Bob the Bridge in mind. Mr. Britz informed the licensing agreement needs to be finalized with the support of Mr. James and Town Attorney John Dunn. Mr. Britz proposed BobFest over Memorial Day weekend (see attached Exhibit A tentative schedule). Mr. Britz mentioned Vertical Marketing is not in the event business and added that if Council wishes Vertical Marketing to coordinate BobFest they will. Vertical Marketing does not expect to make any money from BobFest; Vertical Marketing's involvement in the BobFest will be a trade-off for the licensing agreement. Mr. Britz mentioned some ideas such as Bob Bucks in association with area businesses during BobFest. With regards to Hot Summer Nights, Mayor Davis suggested having that in Avon as the Foundation has already expressed interest in having one in Avon. Discussion centered around proposed budget (see attached Exhibit B proposed budget). Mr. Pat Smith mentioned the biggest factor is entertainment and whether gate admission is to be free. Mr. James mentioned the original understanding was that Council would offer a licensing agreement, with Vertical Marketing sponsoring an event. Discussion turned to who will put on the event; Avon/Beaver Creek Resort Association, Avon Merchants' Association; Special Events Commission. Mayor Davis reminded the $18,000 special event money was set aside for a new event to be created and used outside the relationship of the Avon/Beaver Creek Resort Association. Councilor Gersbach motioned to officially name Memorial Day weekend as BobFest weekend in Avon, Colorado. Motioned was seconded by Councilor Reynolds and the motion was carried unanimously. -7- • • Mayor Davis suggested he, Councilor Hines, and Mr. James meet on Wednesday to discuss funding with Mr. Britz and Mr. Smith. Next under Unfinished Business was the County's contribution to the Separated Grade Crossing. Mr. James informed that the Count had agreed to participate with in-kind services in the amount of y$384,000. To date the in-kind contribution has amounted to $337,865.13 leaving a balance of $46,134.87. With no further work with regards to the railroad project, Mr. James asked Mr. Jim Fritz to consider supporting the road project planned for this summer. The County responded with a negative answer. Mr. James stated the Town of Avon may or may not be held responsible for the amount of $46,134.87. Councilor Reynolds questioned if the Town of Avon owes this money to anybody. Mr. James res onded that the state agreement details a $7,000,000 project, with 3,500,000 provided by the State of Colorado and $3,500,000 provided by local contributions. Part of the $3,500,000 provided by local contributions is the $384,000 from the County. Mr. James questioned whether the State will require the obligation to be met or not with a cash contribution. Mr. James added another option may be to ask the County for the cash contribution of $46,134.87. The agreement with the County was for in-kind services and the County did meet that requirement. Mayor Davis instructed Mr. James to proceed and take care of this. Next was New Business. Appointment of new Planning and Zoning Commissioner was the first item. Ballots were distributed to Councilmembers and collected by the Town Clerk. The Town Clerk tallied the votes and the Police Chief verified the tally: Mayor Davis announced that the new Planning and Zoning Commissioner is Mr. Jack Hunn. Next item under New Business was the Wildwood Townhomes Update. Mr. James informed the construction loans-were closed on February 29th. Mr. James added that 12 units have closed through the end of February and 2 units are scheduled to close tomorrow. Mr. James informed only 3 units to be closed on, loan approval should be received within the next week or two, allowing closure on these by the first or mid-April. Next was Mayor's Report. Mayor Davis announced Avon Mayor's Cup this Sunday, March 15, 1992. Mayor Davis solicited volunteers for a skiing team with little avail. The race is at 10:30am on Centennial. Mayor Davis Proclaimed the Week of April 5-11, 1992 as the Week of the Young Child and read the Proclamation in its entirety. Mayor Davis announced a practice for the Mayor's Cup is scheduled for Friday, March 13 at Arrowhead through the Avon/Beaver Creek Resort Association. -8- 0 0 Mayor Davis mentioned Colorado West letter; Mr. James will schedule a meeting to include Police Chief Dalton. Mayor Davis mentioned Wildwood Development letter/bill. Mr. James mentioned the area is a right-of-way for the State. The property owner planted trees and shrubbery and in doing so within the right-of-way it was at their own risk. Mr. James added that the Town is putting back or relocating several trees and shrubbery. Mayor Davis suggested Mr. James write a response. Mayor Davis informed there is a Transportation Task Force meeting scheduled for Wednesday, March 18th at 8:30am in the Vail Public Works Facility. Other Business, Mr. James mentioned an error with regards to Property Taxes. Mr. James informed an error was discovered through the audit process with regards to property taxes. Preliminary checks in November represented approximately 80% collection by the County. Since November, the Town has received an additional 7%, thus property taxes collected for 1991 represent 87% of what was actually accessed. The problem is that in 1990 the County levied time share units on the basis of commercial units of 29% rather than 15%. The Town did not know of this and in the meantime a lawsuit in District Court upheld timeshare units can not be assessed as residential but as commercial as a whole unit condominium. As a result of that, the County went back and reassessed Falcon Point and Christie Lod a causing the Town's assessments to be down by approximately 950,000. Plus, Grand on Avon has not paid taxes this year. Mr. James requested the County to notify the Town anytime there is such a reassessment impacting the Town. The Financial Matters were next presented to Council. Councilor Reynolds moved to receive item #1 through #11 and approve items #12 through #18. The motion was seconded by Councilor Hines and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Hines moved approval of the February 25th Regular Council Meeting minutes as presented. The motion was seconded by Councilor Reynolds and was unanimously carried. There being no further business to come before Council, the meeting was adjourned by Mayor Davis at 11:17pm. -9- 0 • RESPECTFULLY SUBMITTED: Patty ld yhart, Town Clerk APPROVED: -10- EXHIBIT A BO=ST 192 * MEMORIAL DAY W1 ND Tentative Schedule Satuxd" N" 23. 1992 U.S. Canoe & Kayak Ass'n Olympic Trials 10 a.m.- @Noon International Bob-B-Que Sanctioned by American Royal Barbeque Organizing Cam-ittee 11 a.m. - 7 p.m. Big Wheel Rally "Vo1leyBob" Tournament Bob-a-thon Mini-Marathon 8 a.m. - 10 a.m. : Annual Bob Photo 4 p.m. Hot Sinner Nights Free everting concert Sunny May 24. 1992 US Canoe & Kayak Assn Olympic Trials 10 a.m.- Noon International Bob-B-Que 11 a.m. - 7 p.m. . Bab Golf Tournament 10 a.m. - 3 p.m. Bobby-Soxers Dance 3 p.m. - 7 p.m. Sua eated Venue Take out near Bob, across fran Avon Station Cassidy's Parking lot Nottingham Park Nottingham Park/TED Nottingham Fake path TBA Gerald R. Ford Ampitheatre/ TED Take out near Bob/across from Avon Station Cassidy's Parking Lot Arrowhead / TBD Nottingham Park EXHIBIT B BobFest '92 Proposed Budget March 10, 1992 USES OF FMMS Administration $ 21500 Posters 750 Publicity / Communications 500 Rain Insurance 11000 Stage 750 Fencing Security/Public Safety Tent rentals 11500 BobrB-Que Seed Money 51000 Inspected Meat Official Sanctioning Staging crew 800 MAINMENT "The Bobs" 3,500 "Flash Cadillac" 91500 Includes sound & lights "Lewis and Floorwax" 1,000 Celebrity "Bob" Honorarium 31000 Permits TL $29,800 0I+i T-4 N 40 u Town of Awn "New Event" Budget $18,000 Avon Merchants Assn Contribution $ 1,000 Avon Merchants Assn/ Town of Avon Budgeted Contribution $ 3,500 Additional Town of Avon "Seed Monev" _ $ 7,300 $29,800 SEED MNEY REPAYMENT PLAN Sponsorships THD Bab-B-Que Admissions TED Initial $7,300 from above sources will be repaid to ToA General Fund. - Revenue in excess of $7,300 from above sources would be split 50/50 between ToA General Fund and Awn Merchants Association.