TC Minutes 09-24-1985MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD SEPTEMBER 24, 1985 - 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
7:49 p.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Public Works/Parks & Recreation Larry Brooks, Director
of Engineering/Community Development Norm Wood, Chief of Police
Joe Olson, and members of the press and public.
The Mayor called for Citizen Input.
Christine McGinley, with the Vail Institute, approached the
Council. She reviewed and discussed this year's and next year's
Balloons & Bluegrass event. She stated there were several ideas
and comments, that came out of their group meeting, that they
intend to improve for the coming year. Some of the points brought
up were not scheduling the event on the same weekend as the County
Fair; not starting the Bluegrass music early, in hopes of keeping
the balloon people together before the bluegrass starts; and to
open the event up to all the radio stations in terms of being
involved in whatever promotions that would be planned. She stated
that she would like to allow people to bring in their own coolers,
beer, lunches, etc., next year, but the ramification of that would
be that Coors Distributing would probably consider pulling out of
their sponsorship of the event, if they were not allowed the sale
of beer. Ms. McGinley suggested looking at the possibility of
removing the Coors sponsorship and going with the Town of Avon and
Benchmark Companies as the major sponsors. Whatever monies that
could be raised between the two sponsors could be used to promote
the event as well as it could be done. Having open parking,
instead of restricting it to the Beaver Creek lots, was also
discussed. The Cocktail party would still be scheduled for
Friday, and the pilots and balloon sponsors would be invited.
Christine also suggested making coffee and doughnuts available to
the public and the pilots. She stated that a positive press
release would be put out, announcing to the public all the points
that were discussed and making them aware about the event early
enough so that they could plan ahead.
The Mayor thanked Christine for coming.
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Tom Hill, Team Leader for the Colorado West Regional Mental
Health Center, approached the Council. Mr. Hill was requesting
$4,900.00 from the Town of Avon for the mental health services in
Eagle County in 1986. The figure represents a seven percent
increase over this year's contribution. Mr. Hill stated that
utilization by Avon residents increased from 77 in fiscal 1984 to
104 in the 1985 fiscal year. He stated that the Center was hoping
to add another clinical position. Mr. Hill was asking the County,
and each town, to grant an additional twenty percent over and
above the regular funding request for that position. He stated
that this would mean another $980.00 from the Town of Avon.
After discussion, Councilman Connell stated that the Council would
have to spend the Town's funds wisely.
Councilman Miller stated that the Center was something that needs
the Town's sincere support, and felt that Mr. Hill does have a
proven track record.
Councilwoman Davis stated she would like to add that the Center
would be a top priority in her concern.
The Council thanked Mr. Hill for coming.
Rod Brown, Managing General Partner of Avon Resort Properties,
Ltd., approached the Council. He reviewed the history of the
proposed Holiday Inn project with the Council. Mr. Brown was
requesting an extension of time so he could pursue the project and
set a date for completion. He stated that Orr Construction
Company had pulled out of the project. Mr. James asked Mr. Brown
of he could complete the project according to the Bond Ordinance
date of August, 1986. Mr. Brown stated it probably would not be
completed at that time. Mr. James stated that a further reason
why they could not extend the time was the arbritrage earnings,
which could not exceed $10,000,000. Mr. Brown stated that the
group he was working with at the present time was the Mobile
Corporation. The proposed bank he was working with was the Lloyds
of London Bank. He stated that he didn't have anything in writing
from the investor, as yet. He stated that the option on the land
was lost, the franchise was lost.
Councilman Buick asked Mr. Brown what it was that he wanted from
the Town. Mr. Brown stated that he would like an extension of
time. Mr. James stated that the bonds would have to be down-sized
from nine million to $8-1/2 million dollars. Mr. Brown agreed,
and stated he still felt comfortable that they could build the
project, with regard to the same quality.
Councilman Miller stated that he felt the Town had bent over
backwards trying to work with Mr. Brown, and felt that Mr. Brown
had not proven himself in regards to completing the project. He
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stated that he was offended by the letter Mr. Brown sent the Town
Manager outlining demands that he expected from the Town. Mr.
Miller stated that, as far as he was concerned, Mr. Brown was back
to square one.
Mr. James asked Mr. Brown if he had considered applying the bonds
to another project. Mr. Brown replied that he had considered it,
but had not looked into it as yet. He was concerned that the Town
had approved another Inducement Resolution for IDB's for a hotel.
Mr. James stated that Avon Resort Properties, Ltd., did not have
the exclusive rights for a hotel in Avon.
Councilwoman Davis stated that the Town issuing another Inducement
Resolution should have no effect on Mr. Brown's Holiday Inn
project.
After discussion, Mr. James stated that if Mr. Brown could put all
the material together-the letter of credit, the extension of time,
the commitment from an investor, the franchise-then he should come
back to the Town and the Council would be willing to work with
him. Mr. Brown was to talk to Bond Counsel in respect to an opin-
ion about an extension. The Mayor thanked Mr. Brown for coming.
There being no one else to be heard, the Mayor closed the Citizen
Input discussion.
Second reading of Ordinance No. 85-16, Series of 1985, AN
ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE
AGREEMENT (Orion Bus).
The Town Manager stated that the ordinance authorized the purchase
of one Orion bus, in the amount of $116,000. Mr. James stated
that the updated lease was received from George K. Baum and
Company. It would be a five year lease, and the interest rate
would be 8.45%.
The Town Attorney stated he had reviewed the lease and found it to
be satisfactory.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
A.J. Wells moved approval of Ordinance No. 85-16, Series of 1985,
on second reading. The motion was seconded by Steve Miller. A
roll call was taken with Steve Miller, Sheila Davis, A.J. Wells,
Al Connell, and Don Buick voting "aye". Clint Watkins voted
"nay". The motion carried by a 5 to 1 vote.
First reading of Ordinance No. 85-17, Series of 1985, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON
BY THE AMENDMENT OF THE TOWN OF AVON ZONING DISTRICT MAP AND BY
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THE AMENDMENT OF ORDINANCE NO. 81-35 ESTABLISHING THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON AS A SPECIALLY PLANNED AREA.
Be it noted that A.J. Wells and Allan Nottingham stepped down due
to conflict of interest.
Norm Wood stated that, on August 15, 1985, the Planning and Zoning
Commission held a public hearing and reviewed a request for an
amendment to the Swift Gulch Addition SPA Development Plan. It
was to include the easterly 1.36 acres of Tract Y, Block 1,
Benchmark at Beaver Creek, with the Swift Gulch Addition SPA Plan
area. After the hearing, the Commission concluded that the zone
change and SPA Plan Amendment did conform with the working Goals
and Objectives of the Development Plan. The Commission requested
that the Town Council approve the requested change. Mr. Wood
stated that Ordinance No. 85-17 only changes the boundaries of the
Swift Gulch Addition SPA, and does not change any of the allowed
uses listed in other applicable ordinances.
Steve Miller moved approval of Ordinance No. 85-17, Series of
1985, on first reading. The motion was seconded by Al Connell.
Those Councilmembers voting "aye" were Clint Watkins, Steve
Miller, Al Connell, and Don Buick. There were no "nay" votes.
The motion was carried, with A.J. Wells and Allan Nottingham
abstaining.
First reading of Ordinance No. 85-18, Series of 1985, AN ORDINANCE
PROVIDING FOR THE APPROVAL OF A PRECISE PLAN FOR A PORTION OF THE
SPA (SPECIALLY PLANNED AREA) ZONE DISTRICT ESTABLISHED BY
ORDINANCE 85-3.
The Town Manager stated that this ordinance was presented to
Council for first reading to allow construction of an Amoco
full-service station on the White Property, located on Highway 6.
The developer was planning construction yet this year. Mr. James
stated that the Planning and Zoning Commission had held a public
hearing on September 17, 1985, but there were some adjacent
property owners who were not notified of the public hearing. The
reason the ordinance was placed on the agenda was the time factor
involved.
Norm Wood stated that the ordinance was based upon the
recommendation of the Planning and Zoning Commission. He stated
that, with the new public hearing scheduled for October 1, 1985,
he forsees the possibility of some minor changes to the ordinance.
Mr. Tricarico, the owner/developer, stated he would begin
construction as soon as the approvals were given. Councilman
Wells was concerned about the Council approving a precise plan.
He stated he thought that was a function of the Planning and
Zoning Commission. The Town Manager stated that, with Specially
Planned Areas, precise plans always come before Council for final
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approval.
Discussion followed.
Councilman Wells felt that there was no consistency in coming
before the Council with some of these projects. Mr. Wood stated
that there was an exclusion for one-family and two-family duplexes
in an SPA zone. He stated that this SPA zone district, filed as
SPA, had no uses established in it. He stated the purpose for a
precise plan was to establish what the zoning was within that SPA
zone district. Where the Holiday Inn was concerned, that was
approved as part of the SPA zoning use.
Mr. Tricarico stated he submitted a Master Plan for the entire
site, the parcel being 3-1/2 acres. He stated that he only
submitted a specific plan for a portion of the land, which SPA
allows him to do, because he was only developing a portion of the
land.
Further discussion followed.
Norm Wood stated that the property was annexed as one parcel, but
there were three different properties involved. These were the
White Property, the Selby Property, and the river, which was
included because of the requirement for a contiguous boundary.
Councilman Wells suggested that the Ordinance should be changed to
read that approval be given for uses pursuant to a precise plan,
as opposed to approving a precise plan.
After discussion, A.J. Wells moved approval of Ordinance No.
85-18, Series of 1985, on first reading, subject to it being
changed and amended to make it clear that Council was approving
the uses pursuant to a precise plan, as opposed to approving a
precise plan. The motion was seconded by Clint Watkins.
Those Councilmembers voting "aye" were Clint Watking, Sheila
Davis, A.J. Wells, Al Connell, and Don Buick. Steve Miller voted
"nay". The motion carried by a 5 to 1 vote.
The Town Manager reported on the trip to Chicago. It was
scheduled for Thursday, September 26, 1985.
The Town Manager reported on the budget. He would like to
schedule a budget work shop for Tuesday, October 1, 1985, at 5:00
p.m.
The Financial Matters were next presented to the Council.
Steve Miller moved to receive items #1 through #9. The motion was
seconded by Clint Watkins, and was unanimously carried.
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Clint Watkins moved approval of the General Fund Accounts Payable
for September 24, 1985. The motion was seconded by Steve Miller,
and was unanimously carried.
Sheila Davis moved approval of the Transit Fund and Public Works
Fund Accounts Payable for September 24, 1985. The motion was
seconded by Al Connell, and was unanimously carried.
Clint Watkins moved approval of the Reconciliation Sheet of
Accounts Payable for September 24, 1985. The motion was seconded
by A.J. Wells, and was unanimously carried.
Councilman Buick discussed the Cloud Seeding issue.
He stated that Council may possibly want to reconsider VA's
request for Cloud Seeding funds. At the August 27, 1985, meeting,
VA requested a contribution of $9,911. Council approved a
contribution of $6,700. Mr. Buick suggested talking to VA as a
possible sponsor for Balloons & Bluegrass. A.J. Wells felt that
since the Town of Avon and VA were on cooperative terms, and have
a few things going between them, if the Town does not cooperate it
could mean a deterioration of the relationship. He stated that
the Cloud Seeding programs were not only good for VA, but good for
Avon, also. He stated that the Town has been involved for several
years now, so why should the Town cut back now?
Councilman Connell disagreed. He stated that Council should look
at Avon as being only six years old, and Vail as being 25 years
old, and should look at the difference in budget between the two
towns. He stated that Avon should not be expected to do the same
kind of things as Vail does, or Beaver Creek. He stated that this
Council consistently says "yes". He stated the Town can only give
away what it can afford.
Councilman Wells stated that he was looking at it as insurance for
the Town.
Councilman Watkins stated that you can not equate a condo at the
Charter with a mobile home in the trailer park. He felt that the
funds already allocated for VA were quite\a bit, and probably more
that what Avon's share ought to be. He felt that the Beaver Creek
Association should contribute more.
The Mayor stated that it would be taken under consideration at the
budget discussions.
Councilman Watkins suggested that the Town
may want to fill the
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vacancy on the Personnel Merit Commission. The Town Clerk would
look into the matter.
The minutes of the September 10, 1985, Council meeting were next
presented to the Council. Steve Miller moved approval of the
minutes of the September 10, 1985, meeting. The motion was
seconded by Clint Watkins, and was unanimously carried.
Mike Blair, Chairman of the Regional Water Authority, approached
the Council. He stated that he had been in meetings all day,
going over bids and talking to contractors regarding the Water
Treatment Plant. He stated that the bids were higher than
estimated. He hoped to have a final decision so they could get on
with construction of the plant. A meeting has been scheduled for
October 1, 1985, at 9:00 a.m., in the Council Chambers. He stated
there would be a few changes in the plumbing and a few changes on
the exterior of the building. The plant should be completed by
spring of 1987.
There being no further business to come before the Council, Steve
Miller moved to adjourn. The motion was seconded by Al Connell.
The Mayor adjourned the meeting at 10:25 p.m.
APPP017PT) •
tfully SubmittAd:
tricia J. yle,
er
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