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TC Minutes 09-25-1984MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD SEPTEMBER 25, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:31 p.m. A roll call was taken with Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Clint Watkins was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Building Administrator Dan Fogland, Planning Director Jim Lamont, Director of Public Works Norm Wood, Chief of Police Joe Olson, as well as members of the press and public. The Mayor called for Citizen Input. Michael Blair, Chairman of the Planning and Zoning Commission, approached the Council. Mr. Blair stated that, approximately two weeks ago, the Planning and Zoning Commission gave final approval for plans for improvements of the parking lot at Avon Center. He said that, to this date, nothing has been done. He requested that Council look into this matter because of the unsightly area. Mr. Fogland stated that he had talked with a Mr. Jim Marsh, and Mr. Marsh stated that work was to begin today. Mr. Blair then reported on the Master Plan. He stated that the Planning and Zoning Commission was still working on the Master Plan. He hoped to have the draft of the Master Plan completed by May 1, 1985. He stated he would like to invite the Council and the citizens of Avon to these work session meetings and encourage their input on the Master Plan. Mr. Blair stated that an Economic Development Program should be an important part of the Master Plan. After discussion, the Mayor thanked Mr. Blair for his comments. Mr. Louis Pintkowski approached the Council. Mr. Pintkowski was requesting support from the Town of Avon for a proposed cab service in the valley area. The operation area would -1- 0 0 include the top of Vail pass to the Wolcott exit, three miles north and south of I-70. He stated that he would operate three, seven passenger, Plymouth caravans, one passenger charter van, and a limousine. He stated a hearing had been set, before the Public Utilities Commission, for November 7th and 8th, 1984. He stated he needs support from the outlying areas and communities, from the people who would benefit from the service. After discussion, Sheila Davis moved to instruct Mayor Nottingham to attend the Public Utilities Commission hearing and to represent the Town of Avon. The motion was seconded by Al Connell, and was unanimously carried. First reading of Ordinance No. 84-11, Series of 1984, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. The Town Manager stated that, several months ago, the Town of Avon and Beaver Creek Resort Company put three buses on order, one for the Town of Avon and two for the Beaver Creek Resort Company. He stated that, at that time, he had received quotes from several leasing companies; Colorado National Leasing being the low bidder at 11.25% for seven years financing approximately $360,000. Mr. James stated that this ordinance allows the Town to enter into the lease agreement with Colorado National Leasing. He stated he would address the sublease agreement with Beaver Creek Resort Company, for two of the buses, later in the agenda. Beaver Creek Resort Company would be paying the Town and the Town would pay the leasing company. The Town Attorney stated that there were some changes to the ordinance. Since there was only one agreement, the following changes are to be made: Section I: Change "those" to "That" change "agreements" to "agreement" change "their" to "its" change "Exhibits" to "Exhibit" delete "A, B, and C", add "A" change "copies" to "copy" change "agreements" to "agreement" change "are" to "is" delete "as Addenda I and II", add "as Exhibit A" after the word "terms", add "there" delete the word "each". Section II, second line: delete "each of" change "agreements" to "agreement" A.J. Wells moved approval of Ordinance No. 84-11, Series of 1984, on first reading with the recommended changes as stated by John -2- Dunn. The motion was seconded by Al Connell. Mr. Dunn stated that there were a couple of additional changes to the ordinance. In the title, change "certain" to "an"; change "Agreements" to "Agreement". Mr. Wells amended his motion to include the additional changes. The amended motion was seconded by Al Connell. Those Councilmembers voting "aye" were Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion was unanimously carried. Resolution No. 84-38, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR TIME SHARING 103 RESIDENTIAL UNITS OF PEREGRINE VILLAGE, LOCATED ON LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK. Greg Gage, representing PPL Development Corporation, approached the Council. Mr. Gage stated that the initial request for Public Hearing with the Planning and Zoning Commission was as a Special Review Use Fractional Fee Timeshare. He stated that they were requesting approval for Fractional Fee, which does not exist as a definition of the use under zoning. This was the reason for it to be approved under Timeshare. Mr. Gage stated it was their intent to market Fractional Fee no less than 16th's of whole ownership. He stated that Fractional Fee was being used in the industry, and was being done in other communities. He stated that it opens up a larger market, that Peregrine would try to bring into the Town of Avon. Mr. Gage stated it was Peregrine's intention, even though they were requesting approval for 103 units, to only market the initial 47 units on a Fractional Fee basis, in the East tower of Peregrine. That would leave the 56 units in the West tower, that would not be completed until February to April of 1985, as whole ownership. The compliance with open space requirements was discussed. It was stated that Peregrine did meet all the requirements of open space under the Avon Zoning Code. The Town Manager stated that, if the resolution was approved by Council that evening, Peregrine would then proceed with compliance with the Subdivision Regulations. They would then study the impacts of timesharing and recreational amenities. Sheila Davis moved approval of Resolution No. 84-38 with the change in the first WHEREAS, "Peregrine Properties Realty, Inc.". The motion was seconded by Al Connell. Discussion followed regarding the open space requirements of Peregrine, and the receiving of approval from other owners of -3- * 0 60 units regarding timeshare. After discussion, the Mayor called for a vote on the motion. The motion was unanimously carried. The Town Attorney stated that, in regard to the sale of Lots #20, 21, he had received a copy of an Order entered by the District Court authorizing payment to the Town of Avon of the amount left over from the sale, which was approximately $4,500. The check would be in the mail within a week. The Town Manager reported on Tract P. He stated that the school board had approved the conveyance of approximately 2 acres of land to the Town for construction of recreational facilities and a joint water treatment plant, as well as 3/4 of an acre for joint parking to be shared, eventually, by the school and the Town. He stated that the Architect for the Upper Eagle Valley Sanitation District (UEVSD) had prepared a Master Plan for Tract P to make sure that there was sufficient room to construct the recreational facility or swimming pool and the joint water treatment plant. He stated that, next week, Duane Davis and he were going to a conference regarding some new financing techniques that may be used on the recreational facilities and the joint treatment plant. Mr. James stated that the Mayor, Duane Davis, and he were going to Fort Collins next Wednesday to inspect a couple of recreational facilities. He stated that Chuck Schwahn, Art Abplanalp, and he would meet October 5th to work out the final agreements. Mr. Schwahn would be presenting the proposed Master Plan to the school board for their approval. Basically, they would be approving the total acreage, and not the use. At that point, Councilman A.J. Wells and Mayor Allan Nottingham stepped down because of conflict of interest. The Mayor Pro-tem then proceeded. Duane Davis approached the Council. He presented the Council with a copy of the Master Plan of Tract P. He reviewed the plan with the Council. He stated that the dark lines indicated the outline of Tract P and the dotted line indicated the three acre lines that were being proposed out of the Tract P area. The plan showed the proposed treatment plant and the expansion, which was the community center, the pool, and the various recreational facilities inside the main building. He stated that there were 95 parking spaces, and that the building itself would be 35,000 square feet in size. Mr. Davis stated that the water district was 4 * • * 0 requesting an approximate time frame regarding the Town starting on Phase One, so that it could be in conjunction with the water board's construction, and was also requesting the Town's thoughts on what would be started in Phase One. Councilman Connell had concerns regarding what the water board was willing to commit to when the project did start, and what the consolidated water board would do for the Town, since there would be no land purchase for the water board. Mr. Davis stated that there would be services rendered by the architectural entity and some site improvements. The Town Manager stated that the water board had agreed to install the irrigation on the remaining portion of Tract P and to do some excavation on the softball field, as well as the board paying for all the preliminary work. Discussion followed. The Town Manager recommended Council approval of the preliminary site plan for Tract P, in terms of the acreage. Councilman Connell stated that he was not prepared to vote on the Master Plan one way or the other. Mr. James stated that he had to return to the school board with a figure of the acreage, either 2-1/2 or 3 acres. Further discussion followed. Don Buick stated that there was an overkill on the Master Plan, that it should have shown just the dotted lines, indicating the acreage only. Don Buick moved to support a resolution giving Bill James the authority to return to the school board to obtain from them the right to construct recreational facilities on three acres in Tract P, and to authorize the' Town Attorney to draft such a resolution. The motion was seconded by Steve Miller and was carried, with Mayor Nottingham and A.J. Wells abstaining. The Mayor and Mr. Wells resumed their seats. Next on the agenda was the sublease agreement between the Town of Avon and Beaver Creek Resort Company. The Town Manager stated that the sublease agreement had been sent to Beaver Creek Resort Company. A final sublease agreement would be submitted at the next meeting. He stated that he would recommend delaying the ordinance on second reading so that the ordinance and the sublease agreement would coincide and be approved at the same time. Review and discussion of the sublease agreement followed. 5 0 0 It was agreed.that, on Page 2, last line, after the word "CNL", add "and the operation of buses". After the word "sublease", delete the word "and". Councilman Buick stated that he had a concern regarding a financial obligation on the Town of Avon's part. He stated that, in the event that Beaver Creek Resort Company defaulted, the Town did not want to be subject to Colorado National Leasing. He requested that the words "consent to" and "agreed to" be added to the agreement. Lengthy discussion followed. It was agreed to draft two lease agreements; one agreement for the Town for one bus, and one agreement for Beaver Creek Resort Company for the two buses. The Town Manager felt that the Town was adequately protected, both in the Colorado National Leasing agreement and the sublease agreement, plus the fact that the Beaver Creek Resort Company was looking at doubling their bus fleet. It was agreed to add the words "consented to and approved by". No action was taken. The Mayor reported that there was a conference scheduled for October 12th, at Keystone, Colorado, on High-Level Nuclear Waste Transportation. He stated that the Councilmembers were all invited to attend. The Mayor stated that, in the Colorado Municipal League Newsletter, there was an article on Anti-Trust. It stated that Governor Lamm supports the League's Anti-Trust efforts. The League was encouraging all officials to contact their Senators and Representatives. The Mayor requested that the Town Attorney draft a resolution indicating that the Town of Avon supports prompt and favorable action by the Congress of the United States on S.B. 1578. The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #8. The motion was seconded by Don Buick, and was unanimously carried. Sheila Davis moved approval of the General Fund of Accounts Payable of September 25, 1984. The motion was seconded by Al Connell, and was unanimously carried. -6- Don Buick moved approval of the Lift Fund, Transit Fund of Accounts Payable of September 25, 1984. The motion was seconded by Al Connell, and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable of September 25, 1984. The motion was seconded by Sheila Davis, and was unanimously carried. The minutes of the September 12, 1.984, Council meeting were next presented to the Council. Sheila Davis moved approval of the September 12th minutes with this change: Page 3, third line from the bottom, after the word "would", add the words "review the law suit against the town". With that correction, Steve Miller seconded the motion and it was unanimously carried. There being no further business to come before the Council, Don Buick moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned by Mayor Nottingham at 9:58 p.m. ctfully Submit#ed: atricia J~/Doyle, Town Clerk -7-