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TC Minutes 03-11-1986• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MARCH 11, 1986 - 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. Mayor Allan Nottingham called the meeting to roll call was taken with Clint Watkins, Davis, A.J. Wells, Al Connell, and Don present were Town Attorney John Dunn, Town Director of Engineering/Community Develops members of the press and public. order at 7:45 p.m. A Steve Miller, Sheila Buick present. Also Manager Bill James, nent Norm Wood, and The Mayor called for Citizen Input. There being no public comment, the Mayor closed the discussion. Second reading of Ordinance No. 86-9, Series of 1986, AN ORDINANCE REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND REENACTING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE "UNIFORM FIRE CODE", 1985 EDITION, AND THE "NATIONAL FIRE CODE", 1985 EDITION, INCLUDING THE LIFE SAFETY CODE, NFPA PUBLICATION NO. 101, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The Mayor noted that this ordinance was before Council for public hearing. Councilman Connell was concerned about the ordinance's language; he felt it was unclear. He felt some of the requirements in the ordinance seemed extreme. He requested that some answers be provided as to where the requirements come from, who creates them, and who hears appeals. At this point, Councilman Miller started to move approval of Ordinance 86-9. However, Councilman Connell felt it was improper for Councilman Miller, also the Fire Chief, to make the motion for approval, due to what he felt was a direct conflict of interest. Councilwoman Davis then moved approval of Ordinance No. 86-9, Series of 1986, on second reading. Councilman Wells seconded the motion. Discussion followed. Councilman Wells felt there was no conflict of interest, either direct or indirect. Councilwoman Davis. agreed. Attorney Dunn stated that, in order to have a disqualifying conflict of interest, there has to be a direct/indirect financial conflict and, in his opinion, there was none. Councilman Connell 0 9 stated that the Fire Chief receives his salary from the Fire Department. Mr. Dunn stated the issue was whether adoption or denial of the ordinance by Council would have any effect on the Fire Chief's salary. He stated it would not. Councilman Connell disagreed. Further discussion followed. Councilman Connell felt the Town should have the final say in the matter, not the Fire Chief. He stated that Council's duty was to look after the best interests of the Town and its citizens. Norm Wood stated that the reason for repealing the existing ordinance, and then enacting the proposed one, was the considerable number of changes; it would be easier to rewrite the proposed ordinance. He stated that one of the new sections included in the proposed ordinance was, "15.32.090 - Ski Shops". The standards regarding ski shops originated from the Fire Department. Bob Kohrman, Captain with the Fire Prevention Bureau, approached the Council. He stated that part of the new language came from the Uniform Building Code. Councilman Buick asked how many ski shops would be out of compliance if the ordinance was adopted. Mr. Kohrman stated there would be two but, even if the ordinance was adopted, the two ski shops would not be grandfathered. If the shops would not comply, they then could be shut down. The time frame in which they would have to comply would be 30, 60, or 90 days, depending on the hazard. There was concern with section 15.32.030, which stated that the Fire Chief may require a key box to be installed in an accessible location in a structure, new or existing, and that the box shall contain keys necessary to gain access as required by the Chief. Councilman Connell felt that adoption of that section would violate the citizens' right to privacy. At this point, the Mayor opened the meeting for public hearing. Jim Comerford, owner of Western Sun Sports and the Country Store in the Christie Lodge, approached the Council. He was also representing some of the retail operations in Christie Lodge. He stated he would like some clarification regarding who actually enforces and oversees the Fire Code. Mr. Comerford reviewed some of the requirements imposed on him, by the Fire Department, before, during, and after the opening of his operations. Mr. Kohrman stated that his office should have been notified of Mr. Comerford's concerns. He stated that all the requirements discussed, except Article 14 (Ski Shops), are in the Uniform Building Code. Mr. Kohrman stated that the Fire Code was written by the International Conference of Building Officials, an organization comprised of building officials, architects, engineers, contractors, and developers from throughout the United States. -2- Councilman Watkins felt there were sections in the proposed ordinance that would discourage people from adding fire protection. Mr. Dunn stated that the Town would not be held liable if Council did not adopt the Fire Code ordinance. Councilwoman Davis suggested that staff point out additions in the proposed ordinance that are outside the existing Fire Code; possibly note what the Town would be adopting that was above the minimum requirements. The Mayor suggested that Council table the ordinance, have staff outline the added sections, then place the ordinance on the next regular meeting agenda. Councilman Connell so moved. Councilman Watkins seconded the motion. Further discussion followed. Councilman Wells requested that staff color-code the proposed changes to the present ordinance and, with a different color, indicate the requirements that are above the minimum standards of the existing Fire Code. He felt this would be a way for Council to review the differences between the proposed and existing Codes, and to identify the proposed changes that were in excess of the current Code. He stated he would like to see clarification to section 15.32.030 ("various systems, or any other conditions that might dictate"), and section 15.32.050(j), on page 4, ("the monitoring company to be used must be submitted to the fire department"). He also felt that the title was misleading and needed clarification. The Mayor called for a vote on the motion. It carried unanimously. The next item on the agenda was the Petition, Resolution, and Ordinance for annexation of the Eaglebend parcel. The Mayor read the Petition by title. The Town Attorney made Council aware of a slight concern with respect to this annexation. Mr. Dunn stated that the Petition, Resolution, and Ordinance have been tendered, and all documents comply with the statute. He stated, although, that there is a 1980 Constitutional Amendent which provides that an election must occur if 50% of the landowners do not give consent. Mr. Dunn stated that the statute requires only 50% of the landowners' signatures. He suggested that Council accept the Petition, adopt Resolution No. 86-8, and set the matter for hearing five weeks from this date. He also suggested adopting Ordinance No. 86-10 on first reading, so the second reading of it could be considered at the same time as the annexation issue. All this could be accomplished with the understanding that additional petitions be filed by more than half the landowners. Since there were fifteen -3- • • landowners involved, Mr. Dunn stated that eight signatures would be necessary. Jeff Spanel, with Inter-Mountain Engineering, approached the Council. He reviewed the proposed annexation with Council. Council had concern about whether the Petition should be accepted, the Resolution adopted, and the Ordinance approved on first reading before receipt of the signatures. The Mayor recommended that Council receive the Petition for annexation of Eaglebend by adopting Resolution No. 86-8. Councilman Connel so moved. Councilman Wells seconded the motion. After further discussion of the matter, Councilman Wells moved to table the issue until the next regular Council meeting. Councilman Miller seconded the motion, and it carried unanimously. It was requested that the Town Attorney research the law, and the previously proposed annexation of Avon Station, to determine why 100% of the landowners' signatures were required of Avon Station when 50% are required for this annexation. Resolution No. 86-9, Series of 1986, A RESOLUTION AUTHORIZING A SUPPLEMENT TO THE INDENTURE, AN AMENDMENT TO THE LOAN AGREEMENT AND AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS UNDER THE LOAN AGREEMENT RELATING TO THE TOWN OF AVON, COLORADO, 59,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (AVON/BEAVER CREEK HOLIDAY INN HOTEL PROJECT), SERIES OF 1984. Mr. Dunn discussed the opinion letters that should be forthcoming from Bond Counsel. He then reviewed the Resolution and the Assignment Agreement with Council. There was a typographical error on page 2, Section 2, change "and" to "as". Council agreed to add a new section, Section 9, to read, "The Town's approval of the Assignment is conditioned upon receipt by the Town of the opinions of nationally recognized Bond Counsel, as well as counsel of Wynfield, approving the Assignment." After lengthy discussion, Councilman Wells moved approval of Resolution No. 86-9, Series of 1986, with the correction of the typographical error in Section 2, and the addition of Section 9 as outlined by the Town Attorney. Councilman Watkins seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the Agreement between the Town of Avon and Mountain Rivers Alcohol Recovery Center (to provide space in the Municipal Building's jail facility for a non-medical detoxification service) with an addition to Section 1, after the word "services", add "including, but not limited to". Councilman Buick seconded the motion, and it carried unanimously. -4- • • Mr. James reported on the water treatment plant Roof Configuration. He discussed the decision date for the roof configuration; the target date for "drying in" was November 1, 1986. Some Council members agreed that the Town should hold off, until the financial projections show some improvement. Councilman Watkins suggested putting the matter off until the next regular meeting before making any final decisions. He felt that other Town spending avenues may be higher priorities than a Community Center. One example was whether the Town should continue to provide bus service to the base of the ski lifts. Councilman Wells stated he could not endorse the elimination of the bus program; he felt tourists rely on the service. After further discussion, Councilman Watkins moved to table the matter until the next regular meeting. Councilman Connell seconded the motion. Council members voting "aye" were Clint Watkins and Al Connell. Council members voting "nay" were Steve Miller, Sheila Davis, A.J. Wells, and Don Buick. The motion was defeated by a 4 to 2 vote. Councilman Wells moved to direct the Upper Eagle Valley Sanitation Districts to go ahead and finish the roof on the basis that it was a permanent structure, until the Town decides to change that. Councilwoman Davis seconded the motion, which carried by a 5 to 1 vote with Councilman Watkins opposing. Mr. James reported on the I-70 Corridor Study. The total cost for the study was expected to be approximately $150,000, with the majority of the cost expected to be paid with state and federal funds. A commitment of approximately $20,000 would be expected from local sources; a commitment of $2,000 had been requested from the Town of Avon as its share of the local funding. After discussion, Councilman Buick moved to approve an expenditure of $2,000 for the Town of Avon's share of the local matching funds,. Councilman Miller seconded the motion, and it carried unanimously. A report on the Balloons, Bluegrass, and Barbeque/Fall Fling was next presented to Council. The date for the Balloons, Bluegrass had been changed to August 23 and 24, 1986, with the Fall Fling scheduled for the following weekend. Staff felt the scheduling situation could possibly have a negative impact on the Fall Fling, or could possibly benefit both events. The Mayor suggested having the pancake breakfast after the balloons are in the air. Council agreed. -5- After discussion, Councilman Buick moved to combine as much of the Fall Fling as is possible into the Balloons, Bluegrass Festival, and then have the athletic events on the following weekend. Councilman Watkins seconded the motion, and it carried unanimously. Mr. James reported on the Hazardous Substance Response Mutual Aid Agreement. He stated that the Response Team should come from the Eagle-Vail Fire Department and not through the Town of Avon. Mr. James recommended that the Agreement be sent back to the County with Avon's recommendation that the County contract with the Eagle-Vail Fire Department. Councilman Wells so moved. Councilman Buick seconded the motion, and it carried unanimously. Councilman Watkins moved to request that the three Planning and Zoning Commission members whose terms expire on May 1, 1986, submit letters of interest for reappointment, and that the vacancies be advertised in the three local newspapers. Councilman Miller seconded the motion, and it carried unanimously. The Financial Matters were next presented to Council. Councilman Buick moved to receive items #1 through #8. Councilman Miller seconded the motion, and it carried unanimously. Councilman Miller moved approval of the General Fund Accounts Payable for March 11, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund Accounts Payable for March 11, 1986. Councilman Buick seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for March 11, 1986. Councilman Buick seconded the motion, and it carried unanimously. The minutes of the February 25, 1986, Council meeting were next presented to Council. Councilman Miller moved approval of the February 25th meeting minutes, as presented. Councilwoman Davis seconded the motion, and it carried unanimously. -6- 0 w Councilman Miller reminded the Council and the audience of the upcoming Mayor's Cup Ski Race, scheduled for March 22, 1986. He stated that applications were to be in by March 14th. Councilman Miller expressed great concern over the trains that block the intersection at Avon Road. He stated that a train had blocked the intersection for approximately 22 minutes last week. He asked if it would be possible for the Town staff and/or attorney to draft an ordinance addressing train speed, noise, and breaking of the train at the intersection. Mr. James stated that a draft ordinance would be placed on the agenda for the next meeting. Councilman Watkins suggested using the excavation hole next to Avon Center as a temporary BMX track for local children. Mr. James was to look into the liability. Mr. James reported on a letter from Mr. James Jensen. The letter was to the management of time-share about a promotional presentation and a certificate that, with a $200 deposit from Mr. Jensen, was supposedly good for round trip air fare for one and accommodations for two in Hawaii. This trip was never provided. Mr. James stated that Paul Cartmill had called him, and Paul was sending the information to Resort America. An alternate trip would try to be arranged for those people who lost their money. . Mr. James reported meeting with Rick Pederson, of Ross Consulting, Inc., regarding the Avon shopping center study. They also met with Ted Bendelow, who was working on a contract for the land. Discussion followed. No action was taken. Councilman Watkins expressed some concern about reports of disorderly conduct and underage patrons at Spanky's Tavern. Mr. James stated he would confer with the Police Department, and have them check the establishment more frequently. There being no further discussion, adjourn. Councilman Miller seconded adjourned the meeting at 10:27 p.m. Councilman Connell moved to the motion. Mayor Nottingham -7- APPROVED -8- U cm r%nnf-fiiI1c7 Qiihm44.1-^A.