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TC Minutes 06-24-19866 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 24, 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 order at 8:01 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, Director of Public Works, Parks/Recreation Larry Brooks, Planning Consultant Jim Lamont, Chief of Police Joe Olson, and members of the press and public. The Mayor called for Citizen Input. Mayor Nottingham congratulated Officer Fritz Kreuch on his accomplishments in the policemen's competition in Michigan. He was successful in bringing home five gold, one silver, and three bronze medals. The Mayor and Council commended Officer Kreuch. Mike Blair, Planning and Zoning Commission Chairman, approached the Council. He stated the Commission would like the opportunity to do two things. One was to become more educated on how to proceed and operate as a planning commission; how to conduct themselves properly on motions, what to say and what not to say as Commission members, etc. The other thing they wanted to look into was procedures that could allow the Commission to be much more adept at reaching clearer decisions and offering clearer direction to both staff and applicants, and to the Council. Mr. Blair suggested setting up a three to four hour work shop, possibly on a Saturday morning. If there was Council support for such a program, he would work up the program, in conjunction with staff, and would hold down the cost, if any, as much as possible. He welcomed Council's participation in the work shop, if they so desired. The Mayor voiced support for the proposed program, and Council agreed. The Fire Code was another item Mr. Blair wanted to address. He stated that the Avon Metropolitan District Board was reviewing the • • Code, and has discussed it with various groups. Mr. Blair stated that a work session has been scheduled, for July 10, 1986, 5:30 p.m., with the citizens group, the Avon Metro Board, and the Council, to go over the details of the Code. He then reviewed water rates with Council. Councilman Miller had concern over the excessive amount of unaccountable water use. He asked at what point could the water district, on an individual basis, #1, and the. consolidated district board, as its representation, #2, acknowledge what has been consistently found to be an excessive amount of unaccountable water. He stated that, if overall consumption was looked at, and the unaccountable water amoung the six districts, and this was multiplied by what could be generated revenues, then it seemed there should be less concern about raising water rates and more concern about determining where the unaccounted for water is going. Mr. Blair agreed, and stated it would be looked into. The Mayor thanked Mr. Blair for coming. Mr. Art Kittay approached the Council. He discussed the feasibility of setting up a television district, so cable television could be an alternative for citizens throughout the eastern county valley. He stated that Western Communications brings a microwave signal from Denver, south to Colorado Springs and Salida, that ends at Sunlight. At Sunlight, it transmits a UHF signal, channels 2, 4, 6, 7, and 9. Mr. Kittay stated the signal could be picked up at Vail Mountain. He stated that Mountain Top Management has two facilities in the area, one at the top of Bellyache Mountain and the other at the top of Down Junction, that are capable of transmitting or re-transmitting those stations. He stated that the counties involved would all share in the volunteer, minor basic cost of the Sunlight Tower. Other costs would be for equipment and maintenance. After discussion, Councilman Connell moved approval to study the feasibility of the issue and whether or not the Town could benefit from it. Councilman Watkins seconded the motion. Further discussion followed. Council agreed that Mr. Kittay would work with Councilman Connell on the issue. The motion carried unanimously. Second reading of Ordinance No. 86-13, Series of 1986, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT AND OF OTHER CERTAIN DESCRIBED LAND IN THE OPEN SPACE, LANDSCAPING AND DRAINAGE ZONE DISTRICT. (Riverside Center) -2- 0 0 Mr. Wood reviewed the map with Council. He stated that the Planning and Zoning Commission held a public hearing on the requested zone change from Specially Planned Area (SPA) to Neighborhood Commercial (NC) The Commission found that (1) the zone change was compatible with the surrounding area; (2) was in harmony with the character of the neighborhood; (3) Land surrounding the proposed NC and OLD (Open Space, Landscaping and Drainage) Districts can be planned in coordination with the proposed Zone Districts; (4) the proposed NC and OLD Zone Districts are in conformance with the general intent of the Master Plan; (5) the existing and proposed streets are suitable and adequate to carry anticipated traffic that may result from development within the proposed NC and OLD Zone Districts; and (6) the existing and proposed utility services are adequate for development that may occur within the proposed NC and OLD Zone Districts. Mr. Wood then reviewed the Subdivision Plat and Resolution No. 86-13 with.Council. He stated that the subdivision qualified under minor subdivision requirements, and was recommending consideration as a minor subdivision. The Mayor opened the meeting for public hearing. There being no public comment, the Mayor closed the hearing. Councilwoman Davis moved approval of Ordinance No. 86-13, Series of 1986, on second reading. Councilman Watkins seconded the motion. Discussion followed. Robert Arnold, architect for the project, approached the Council. He stated that this was basically a small, neighborhood/commercial center, that would be 10,000 square feet of convenience retail and a restaurant. The Mayor called for a roll call vote. Those Council members voting "aye" were Clint Watkins, Sheila Davis, Al Connell, Steve Miller, A.J. Wells, and Don Buick. There were no "nay" votes. The motion carried unanimously. Resolution No. 86-13, Series of 1986, was next on the agenda. This resolution was in respect to Final Plat approval for the Selby Property. The Mayor stated that Mr. Wood had already addressed the resolution. He then offered it for Council consideration. Councilman Miller moved approval of Resolution No. 86-13, series of 1986. Councilwoman Davis seconded the motion, and it carried unanimously. Second reading of Ordinance No. 86-14, Series of 1986, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PUBLIC ACCOMMODATIONS TAX'BY CHANGING THE AMOUNT THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. -3- N N Mr. James stated the Ordinance would reduce the Accommodation Tax from 4% to 1.8%. The Mayor opened the meeting for public hearing. There being no public comment, the Mayor closed the hearing. Councilman Watkins moved approval of Ordinance No. 86-14, Series.of 1986, on second reading. Councilman Miller seconded the motion. Council members voting "aye" were Steve Miller, A.J. Wells, Don Buick, Al Connell, Clint Watkins, and Sheila Davis. There were no "nay" votes. The motion carried unanimously. Second reading of Ordinance No. 86-15, Series of 1986, AN ORDINANCE AUTHORIZING THE OBLIGATION OF THE TOWN TO ACQUIRE A PORTION OF LOTS 22, 23, AND 75, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, FOR USE BY THE TOWN FOR PARKING PURPOSES. Mr. Dunn reviewed changes in the developer agreement that were suggested at the Special Council Meeting of June 4, 1986. He stated that the draft before Council for review contained additional changes, requested by Ted Bendelow. On page 2, Section 2-A, the change requested would, in effect, cause the purchase price, of $1,600,000.00, to be due from the Town upon issuance of a Certificate of Occupancy for the anchor tenant. The language deleted from that section would have delayed the Town's obligation to pay the money in a ninety day period, to allow for the issuance of bonds with the potential for an extension of that time period as a result of a referendum being filed. Mr. James was concerned about that and asked that the referendum be deleted from the agree- ment and the ninety day time frame be left in. Mr. Bendelow agreed. Mr. Dunn stated that the second change requested by Mr. Bendelow was on page 16, regarding Acts of Third Parties. He stated that Mr. Bendelow would explain and discuss that change later in the meeting. Other deletions in the agreement were: Page 9, Section 9-2-b, 10th line, after the word "part", delete the rest of the paragraph. Page 14, Section 11-B-(3) was deleted. Page 15, Section 11-D, after the word "damages", delete the rest of the paragraph. Page 17, Section 11-H, delete the entire paragraph. Ted Bendelow approached the Council. He also reviewed the changes deletions to the agreement. On page 16, paragraph F "Enforce Delay in Performance of Certain Obligations for Causes Beyond Control of Party", 20th line, after the word "performance", delete "of the obligations of the Town with respect to the issuance of the bonds or the Developer with respect to the terms of the Agreement or construction of the project, as the case may be." Council agreed. The Mayor opened the meeting for public hearing. As there was no one to be heard, the Mayor closed the hearing. -4- a • Councilman Buick moved approval of Ordinance No. 86-15, Series of 1986, on second reading. Councilman Miller seconded the motion. Councilman Watkins stated that the discussed changes were in the agreement, but no where in the ordinance did it incorporate the agreement. After discussion, Councilman Buick modified his motion to incorporate the discussed changes in the agreement, and moved that Ordinance No. 86-15 be approved. Councilman Connell seconded the amended motion. Councilman Watkins stated that the ordinance did not address the agreement at all. Discussion followed. Councilman Buick withdrew his motion previously made, and moved approval of ordinance No. 86-15, Series of 1986, on second reading, subject to the amendments discussed, and to the addition to the ordinance of the language, "which agreement is attached hereto and incorporated herein as Exhibit A." Councilman Connell seconded the motion. Those Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. Mr. Bendelow then presented the Mayor with a $75,000 check, to secure, in part, both the performance of this Agreement by the Developer and the payment of damages incurred by the Town in the event of default by the Developer. Mr. James reported on the World Cup Championships. A statement for payment had been received from the Vail Foundation in the incorrect amount of $35,228. This had been corrected, and the scheduled quarterly payment was in the amount of $30,300. Mr. James asked for Council direction regarding the payment. Councilman Wells moved to approve the signing of the confirmation, but not to disperse the funds until Council hears the presentation from the new Director. Councilman Miller seconded the motion, and it carried unanimously. Next on the agenda was a report from the Western Vail Valley Resort Association on their request for continued funding support from the Town of Avon. Kevin Payne, Chamber Director, approached the Council. He reviewed the Chamber's expanded efforts over the last eight to ten months, and requested that the Town increase its annual contribution, from $35,000, the annual contribution since 1984, to $50,000 annually, effective July 1, 1986. This would mean an additional $7,500 for the second half of the fiscal year. Councilman Miller moved to continue to fund the Western Vail Valley Resort Association, to increase the fiscal 1986 contribution, -5- effective July 1, in an amount not to exceed $7,500, and to review any further increase for fiscal 1987 during the budget period. Councilman Buick seconded the motion. Councilman Watkins wanted to know where the increase in funds would come from. Mr. James stated it would come from the Fund Balance. Councilman Watkins stated that the Town just reduced money for road repairs, from $94,000 to $40,000, because of the short-fall in revenues. He felt that Council had been assured, the last time they were approached for contributions, that the dollar amount would be decreasing as time went by, and now the amounts were increasing. Councilman Wells stated that this was the kind of money you spend to make money for marketing the area. Mr. Payne stated that, specifically, the additional $7,500 would be used to increase the hours of a third staff person. This would mean longer hours on the reservations and office telephones, and would allow Judie Griffith and him to be out in the community developing additional memberships and support for Special Events. Specific marketing steps would be based on that money, also. Councilman Watkins suggested the funding be on a pro rata basis. The Mayor called for a vote on the motion. Those Council members voting "aye" were Steve Miller, Don Buick, and A.J. Wells. Council members Al Connell, Clint Watkins, and Sheila Davis were opposed. As there was a tie vote, Mayor Nottingham voted "nay". The motion was denied. Councilman Connell moved to authorize $17,500 for the Chamber, and to review approval of the Town's funding of the additional $7,500 in September. Councilman Watkins seconded the motion. Council members voting "aye" were Sheila Davis, Al Connell, and Clint Watkins. Those opposed were Steve Miller, A.J. Wells, and Don Buick. There being a tie, the Mayor voted "nay", and the motion was defeated. Councilman Wells moved to authorize the $17,500 plus the $7,500 on a pro rata basis, which meant $1,250 each month for three months (July, August, September), and that Council review the Town's funds in September for authorization for $1,250 each month for the last three months (October, November, December), for a total of $7,500. Councilman Watkins seconded the motion, and it carried unanimously. A presentation was made by Daniel Sunday, President of the Western Vail Valley Resort Association. Mr. Sunday presented a plaque to A.J. Wells for his service and support on the Chamber of Commerce Board of Directors. Councilman Wells stated it was greatly appreciated, and thanked the Chamber. Mr. James reported on the in-house attorney study Council had -6- • requested at the last meeting. He stated he was planning to talk to three municipal attorneys and two private attorneys, to review billings with them, review the cases the Town has encountered, and to get their recommendations regarding legal counsel. Mr. James felt he should have information back to Council by the next meeting. He then presented a breakdown in Town Attorney's fees for the past year. Mr. Dunn reviewed the past year's billings with Council. He felt the billings were misleading, and stated that litigation had been most of the problem. The Mayor thanked Mr. Dunn for his comments. The Financial Matters were next presented to Council. Councilman Miller moved to receive items #1 through V. Council- woman Davis seconded the motion, and it carried unanimously. Councilman Watkins questioned an item on the Real Estate Transfer Tax Revenue Sheet. The payment of a $10.00 transfer tax from the sale of Sunridge unit D-208 was discussed. Councilman Watkins requested that staff look into the matter. Councilman Miller moved approval of the General Fund Accounts Payable for June 24, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund Accounts Payable for June 24, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for June 24, 1986. Councilman Watkins seconded the motion, and it carried unanimously. The minutes of the June 4, 1986, Special Council meeting were next presented to Council. Councilman Connell moved approval of the June 4th Special Meeting minutes, as presented. Councilman Watkins seconded the motion, and it carried with Councilman Wells abstaining. The minutes of the June 10, 1986, Council meeting were next presented for approval. Councilman Miller moved approval of the June 10th Council meeting mintues, as presented. Councilman Watkins seconded the motion, and it carried with Councilman Wells abstaining. -7- 0 0 At this point, the Mayor offered a letter to the public. The letter was in respect to the resignation of Councilman Wells. The Mayor read the letter in its entirety. Councilman Wells' resignation would be effective July 23, 1986, so that he could participate in selecting a replacement. Councilman Miller moved to accept, with regret, the resignation of Councilman A.J. Wells, and hoped to expedite his replacement with his involvement in the selection process. Councilman Watkins seconded the motion, and it carried with Councilman Wells abstaining. The Council would have thirty days in which to fill the vacancy. Mr. James stated that the Town of Avon was entering a float in the Town of Vail's 4th of July Parade. There being no further business to come before the Council, Councilman Connell moved to adjourn. Councilman Miller seconded the motion. Mr. James requested that Council, after adjournment, retire into executive session to discuss the matter of the Shopping Center, with regard to land negotiations and prospective tenants. Councilman Connell withdrew his motion. Councilman Miller withdrew his second. Councilman Connell moved that Council adjourn the regular meeting, and retire into executive session. Councilwoman Davis seconded the motion, and it carried unanimously. Council adjourned into executive session at 10:25 p.m. -8- APPROVED: