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TC Minutes 05-27-1986• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MAY 27, 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 Nottingham called the meeting to order at 7:51 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 Engineering/Community Development Norm Wood, Chief of Police Joe Olson, and members of the press and public. The Mayor called for Citizen Input. As there was no one to be heard, the Mayor closed the discussion. The first item before Council was second reading of Ordinance No. 86-10, Series of 1986, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF, THE 6TH PRINCIPAL MERIDIAN, AND SECTION 7, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. This ordinance, if adopted, would annex the Eaglebend Subdivision to the Town of Avon. The Mayor stated that the item immediately following this item on the agenda was first reading of Ordinance No. 86-12, Series of 1986, An Ordinance Providing For The Amendment Of The Zoning Map Of The Town Of Avon By The Inclusion Of Certain Property In The Specially Planned Area Zone District. Mayor Nottingham stated that 86-12, if adopted, would approve the zoning for Eaglebend Subdivision. The third item on the agenda was a public hearing on the Preliminary Plat for Eaglebend Subdivision. This was one of two public hearings scheduled, the other being the public hearing on the annexation ordinance, No. 86-10. The Mayor stated that the zoning ordinance, No. 86-12, was before Council for first reading and, therefore, not a public hearing. He stated it had been recommended that the public hearing on the annexation ordinance be postponed until June 10, 1986. The reason for this was that the Annexation Agreement that had been signed, between the Town and the Eaglebend developer, requires that Council consider the second reading of both the annexation ordinance and the zoning ordinance at the same time and at the same meeting. The Mayor further stated that, under the conditions of the Annexation Agreement between the developer and the Town, Council cannot consider second reading of the annexation ordinance until the zoning ordinance is ready for second reading. He stated he had been advised by the Town Attorney that the public hearing on the subdivision Plat would also have to be postponed until the same time, because the zoning ordinance incorporates the subdivision Plat in establishing the project's uses and densities. The Mayor asked if there was anyone in the audience, who was present for any of the public hearings at hand, that would experience a hardship in returning for the June 10th Council meeting. There being no one, the Mayor closed this portion of the meeting. Councilwoman Davis moved to table second reading of Ordinance No. 86-10, Series of 1986, and to continue the public hearing to June 10, 1986. Councilman Buick seconded the motion, and it carried unanimously. Mayor Nottingham brought first reading of ordinance No. 86-12, the the amendment the to zoning ordinance, back to the floor. He called for a motion to adopt Ordinance No. 86-12, Series of 1986, on first reading, and to schedule second reading for June 10, 1986. Councilman Buick so moved. Councilman Wells seconded the motion. Those Council members voting "aye" were Clint Watkins, Sheila Davis, Steve Miller, Al Connell, Don Buick, and A.J. Wells. There were no "nay" votes. The motion carried unanimously. The next item before Council was the Preliminary Plat Subdivision for Eaglebend. The Mayor stated he would not allow any public comment on the preliminary Plat because, as he explained earlier, the zoning of Eaglebend Subdivision and the preliminary Plat are essentially one in the same. The Mayor called for a motion to continue the public hearing on the preliminary Plat for Eaglebend Subdivision until June 10, 1986. Councilwoman Davis so moved. Councilman Miller seconded the motion, and it carried unanimously. The Town Attorney's reports were next on the agenda. In regard to the Peregrine litigation and the foreclosure of the Town's Special Assessment, Mr. Dunn stated there has not been a ruling from Judge Hart on the motion for Summary Judgement. Judge Hart has taken the matter under advisement. Mr. Dunn then reviewed the matter of the Avon/Beaver Creek Holiday -2- i i Inn project with Council. Mr. Dunn stated that the matter has come to a point where the Town has to decide what position it will take on the specific conditions of the assignment of the Bonds from Avon Resort Properties (Rod Brown) to Wynfield Inns. He stated that, as of this day, Mr. Brown's position was that he would provide the Town with the same indemnification that would be provided by Wynfield. Mr. Dunn stated that the indemnification Mr. Brown was providing to Wynfield was somewhat different than what was originally stated. It was limited to anything up to the time of assignment. The specific language of the indemnification of Wynfield, which Rod Brown was willing to give the Town, was that Mr. Brown would indemnify the Town from any damages, etc., resulting from any breech, prior to the assignment. Mr. Dunn stated that Rod Brown was also willing to release the Town from any claims, provided he would receive a release from the Town. After discussion, Councilman Wells stated he would not support anything unless Mr. Brown releases everybody, which was part of the agreement. If Mr. Brown was to receive his reimbursement, he would have to release all parties. Councilman Miller moved that the Town would not consent to the assignment of the Bonds, except upon release of the third parties. Councilman Connell seconded the motion, and it carried with Councilman Wells abstaining. The next report from the attorney was on the Board of Building Appeals. Mr. Dunn updated Council on the upcoming appeal. He stated there was an appeal of a decision made by Jim Williams, Building Official, regarding the type of railing to be installed in the Water Treatment Plant. The appeal of Mr. Williams' decision has been taken to the Board of Building Appeals by the Upper Eagle Valley Regional Water Authority. Mr. Dunn stated that the position of the Town is the same as that of the Building Official. Mr. Williams' concern was over potential liability in the event the Town does not enforce the provisions of the Building Code. Mr. Dunn stated the Appeals Board has a somewhat different perspective. The Board sits somewhat like a court, in that it has to listen fairly to the arguments of both sides and then make its own decision. Under those circumstances, Mr. Dunn felt that neither he nor anyone else in his office could represent the Board of Building Appeals. He stated that the Board had asked him for opinions regarding the appeal. Mr. Dunn felt he had a conflict of interest. He felt he could only represent the interests of the Town. Mr. Dunn requested Council to authorize the appointment of some other attorney to advise and represent the Board of Building Appeals in connection with the above mentioned appeal. He suggested contacting someone locally, so the matter could be handled as economically as possible. Mr. Dunn assumed there would -3- i only be approximately a half-day attorney's fees not exceed $75.00 per authority from Council to secure that Councilman Miller moved to have staff the Board of Building Appeals in this exceed $500.00. Councilwoman Davis carried unanimously. 0 hearing, and suggested that hour. Mr. Dunn requested representation. seek local counsel to assist matter, in an amount not to seconded the motion, and it The Mayor deferred the Developer Agreement until later in the meeting, and continued with the New Business at hand. Mr. James stated that John Horan-Kates was unavailable to discuss the update on the 1989 World Cup Championships with Council, and stated he would reschedule the item for the next Council meeting. An update on the bus system funding was next on the agenda. Mr. James stated this matter was discussed at the earlier work session with some local lodging people. Their concern was with the proposed increase in bed tax, from the current 1%, to 4%. They felt, basically, this would move the bed tax into double digits. Mr. James stated there was an ordinance in effect that takes the accommodations tax to 4%. He requested that Council direct the Town Attorney to amend the ordinance to reflect an increase in total taxation equivalent to 9.9% or an increase in bed tax from 1% to 1.8%. Councilwoman Davis so moved. Councilman Watkins seconded the motion. Discussion followed. Councilman Watkins stated that, from input received earlier, in the work session, it appeared that a double-digit bed tax would be damaging to the lodging community. Personally, however, he stated that voting to limit the bed tax does not mean he would support an increase in utility tax. In regard to the proposed increase in utility tax, Mr. James stated he would apply the increase in bed tax to the current budget figures, to determine the Town's overall financial standing, and would then bring the utility tax increase back to Council if there was a need for additional funding. Mr. James then updated Council on the Town's overall financial picture. He stated the Town needs either the Peregrine or Falcon Pointe project to bring it to a more comfortable level but, until such time as one of the two projects comes on-line, the Town needs to remain conservative. He stated he has made cuts, and is now -4- r • using the Public Improvements Fund as a reserve. Mr. James stated he would be coming back to Council, at the next meeting, to propose the need for approximately $30,000 to $40,000 for Wildridge-area road improvements. He stated he still needs the $94,000, but would cut that amount to the lower figure and work with that. Mr. Wood stated that the chip and seal program seemed to work well, but needed to be continued to keep the roads sealed and the moisture out. Mr. James stated that one issue that would be discussed in connection with the 1987 budget was the transfer of Real Estate Transfer Tax revenues out of the General Fund and into the Public Works Fund. He stated he had also included merit increases for 1986. The revised figures reflect a 2-1/2% increase, or the equivalent of 5%. For half a year, this was an increase of $14,000. Mr. James stated he would update Council, at the end of June, on the various merit increase systems. A committee had been formed, of department heads and some employees, to discuss this matter. He stated he would report to Council on the committee's conclusions. Next on the agenda was the Lease Agreement connected with the BMX track proposed for Lot C, Block 2, Benchmark at Beaver Creek (Avon Center). Councilman Buick requested that Mr. Dunn look into the existance of Avon Center Associates. Councilman Buick felt it was a nonexistent entity. Councilwoman Davis asked for some idea of what it would cost to construct the proposed track. Mr. James stated the cost would be around $4,000, in terms of personnel. Councilman Miller felt that Councilman Watkins' idea for a BMX track in Avon was a very good one, but he felt an inpact study should be done to address concerns such as possible revenue, staff necessary to supervise the site, parking requirements, policing, and access to the site for emergency medical personnel and vehicles. Councilman Watkins stated he had not planned for the track to generate any revenue. Mr. James stated existing fencing could be used. Signs would be installed and posted, and the Town's public works crew could build the track and move dirt to construct jumps. Mr. Wood stated that, when the matter was discussed with Avon Center's Ned Gwathmey, Mr. Gwathmey had stated they did not want the Town to use the lot next to the Avon Center building, Lot B, because of the noise factor. The Town could use Lot C, however. Mr. Wood stated that use of Lot C would require additional grading. He stated that, if the Town submitted an acceptable -5- 0 agreement, then Avon Center would consider looking at the request. Councilman Watkins felt staff should discuss the possibility of including Lot B with Lot C further with Avon Center, and felt the possibility of making the lease terminable by 1 to 30 days notice should also be explored. He felt an easily terminated lease might make Avon Center more willing to allow use of both lots. The Mayor stated he was not in favor of spending $4,000 for possible use of the track by just a few. He felt it would be a ridiculous expenditure. Councilman Watkins felt it was a very small sum to pay for a youth activity such as that in Avon, and moved that Council authorize the Town Manager to proceed with the Lease Agreement, to find an appropriate "lessor", to include a portion of the property where the excavation has occured, to add a provision whereby the lease could be terminated, at will, by either party, and to authorize the Mayor to execute the agreement. Councilman Buick seconded the motion. Councilwoman Davis voiced concern over how the track would be secured when unattended. Council discussed the liability exposure. The Mayor called for a vote on the motion. It carried unanimously. Mr. Dunn requested further discussion of the matter. He wanted to make Council aware of the indemnification, and the possible results of there were to be any major injury on the track. He stated the solution would be to limit the indemnification to the amount of insurance. Councilwoman Davis moved to reconsider the motion. Councilman Miller seconded the motion to reconsider, which carried with Councilman Watkins opposing. Councilman Miller requested that Chief Olson address the concerns of the police department as far as man power, supposed responsibility, etc. The Chief felt control of the track would be the same situation as it was with the park. After lengthy discussion, the Mayor asked for a vote on the motion in its original form. Council members Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voted "nay". Councilman Watkins voted "aye". The motion was denied by a 5 to 1 vote. Council then suggested the possibility of looking at a portion of Tract P as an alternate site for the track. No action was taken. The Mayor then called for discussion on the Developer Agreement for the proposed Shopping Center. Mr. James requested that Council authorize Mr. Dunn and him to -6- i • negotiate the dates included in the schedule of performance, and that Council authorize the purchase of Tract A by the Town of Avon. If the developer were to default on the project, the Tract purchased by the Town would revert back to the developer. Mr. James also needed to address access through Tract A, to be used for parking, to Tract B, which would be owned by the developer. Mr. James recommended that Council take action to approve the agreement, subject to the above discussed issues being adequately addressed. Mr. Dunn then reviewed the developer agreement with Council. The Recital specified the containment in the agreement of the acquisition, by the developer (Ted Bendelow) of Lots 22, 23, and 75, Block 2, Benchmark at Beaver Creek, to be developed as follows: A. A development site of approximately 11.4 acres, with an anchor tenant, satisfactory to the Town, that would be 50,000 square feet or more of gross leasible area of support shops and service establishments and possible subsequent phases; B. The property, pending closing of the agreement and purchase of the lots, would be subdivided and replatted into Tracts A and B; C. The Town would issue Revenue Bonds to acquire Tract A, for parking, and Tract B would then be part of the property for the shopping center development; D. The developer would furnish the Town with a Letter of Credit, or a comparable instrument of guarantee acceptable to the Town; E. A deposit, in the amount of $75,000, would be paid at the time the agreement is signed. The scheduling in the agreement requires that it be signed no later than June 1, 1986. Under certain conditions, the $75,000 would be forfeited. After further reveiw of the agreement, Councilman Miller moved to approve the agreement, and to add the additional language required regarding land access to the property as well as some flexibility to negotiate the schedule dates. Councilman Wells seconded the motion, and it carried unanimously. After further discussion, Councilman Miller amended his motion to include granting the Mayor the authority to execute the agreement with the approval of the Town Attorney, the Town Manager, and Sherman and Howard. Councilman Wells amended his second, and the motion carried unanimously. -7- The Financial Matters were next presented to Council. Councilman Watkins 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 May 27, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund and LIFT Fund Accounts Payable for May 27, 1986. Councilwoman Davis seconded the motion, and it carried unanimously Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for May 27, 1986. Councilman Connell seconded the motion, and it carried unanimously. The minutes of the May 13, 1986, Council meeting were next presented to Council. Councilman Miller moved approval of the May 13th meeting minutes, as presented. Councilman Connell seconded the motion, and it carried unanimously. Chris Ekrem, property owner in Eaglebend, approached the Council. She wanted to know where and when she could voice her comments on the proposed development of the Eaglebend Subdivision. The Mayor informed Ms. Ekrem that she could appear at the June 10, 1986, Council meeting for the public hearing on the proposed project. Councilman Watkins stated that, some time ago, Council received a preliminary report from Haralson & Associates on the Wave Pool study. He stated that Council wanted Mr. Haralson to address the study on the Wave pool instead of the Wave Slide. Council was to put those comments into letter form, and Councilman Watkins felt that Council should proceed with that. Mr. James stated he would schedule the matter for the next work session. Councilman Watkins stated that, since an Aquatic Center was not going to be built over the Water Treatment plant, and Council had decided not to build anything over the Treatment plant, it might be a good idea to take the $40,000 earmarked for landscaping of Tract P, and the $16,000 balance from the LIFT Fund, and continue looking into the possibility of building an outdoor ice rink on the north side of the Treatment plant. No action was taken. -8- Councilman Miller moved that Council not purchase a Corporate Table for the June 19, 1986, World Forum. He felt the money could be spent on more useful matters. Councilman Watkins seconded the motion, which carried with Councilman Connell opposing. The Vail Symposium was discussed. After discussion, Council members agreed they may possibly reconsider their opposition to making a contribution. Jerry Davis would be present at the next work session to discuss the matter. There being no further business to come before the Council, Councilman Miller moved to adjourn. Councilman Wells seconded the motion. Mayor Nottingham adjourned the meeting at 9:44 p.m. APPROVED: Respecetfully Submitted: atricia J. Dov , To -9-