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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. -1- • • 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 -2- • • 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 -3- • • 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 -4- i 0 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. -5- 9 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 -6- 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 -7-