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TC Minutes 10-28-1986MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD OCTOBER 28, 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. The meeting was called to order by Mayor Nottingham at 7:40 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, 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 and Parks and Recreation Larry Brooks, as well as, members of the press and public. The Mayor called for Citizen Input. Robert McConnell, President of the Beaver Creek West Homeowners Association, approached the Council. He discussed the concern with Falcon Pointe, and their proposed marketing for time-share. Mr. McConnell reviewed the history of the discussions between Beaver Creek West and Falcon Pointe. He stated that at that time representatives from Beaver Creek West appeared before the Town Council in opposition to the maintenance of the road that they presently share with Falcon Pointe, the increase in traffic, the parking problems, the upgrading of the use of the spa facilities. At that time, the Council had asked that the two parties to resolve their differences. As a result, the parties did reach an agreement, in that, Beaver Creek West would obtain certain financial considerations and continued payment for road maintenance to the facility. He stated that now, Falcon Pointe refuses to abide by the agreement. He stated that Beaver Creek West fully intends to pursue available .Legal remedies for Breach of Contract, Misrepresentation, etc. Mr. McConnell stated that'he wanted to place the Town Council on notice that Falcon Pointe refuses to abide by tti:e agreement and that the dispute had not been resolved. He stated that, the first obligation that arose out of the agreement was that, on the first of December. 1005, Falcon Pointe was to pay Beaver Creek West $1,000 for road maintenance and snow removal, the payment has not been made to date. As a result of that, and other problems, he directed Mike Bennett to appear before the Town Council on January 14, 1986. He stated that after discussion between Mike Bennett and Mark Mitchell that evening, outside the Council Chambers, Mr. Mitchell advised Mr. Bennett that the dgreement would be honored. With that, Mr. Bennett did not appear before the Town Council that January evening. The next obligation as per the agreement was a payment of $5,000, which was to be made on July 1, 1986, it has not been made to date. Mr. McConnell stated that the parties involved have failed to answer his calls. Discussion followed. Councilman Buick suggested that Beaver Creek West send a letter directly to Columbia Savings, who was the sole owner of Falcon Pointe. Mr. McConnell requested that the Council defer the final approval of the subdivision agreement until this matter could be resolved. Norm Wood stated that the project was approved through the preliminary process, and the basis for that"approval was on the assumption that their differences would be resolved. It was stated that the subdivision agreement was not finalized. Mr. Mitchell approached the Council. He stated that there was a difference of opinion of what had transacted since last winter. He stated that the last time this issue was addressed was in correspondence which was sent to Mr. McConnell dated February 5, 1986. At that time, there were contract negotiation problems with Resort America Corporation. He stated the two agreements were contingent upon Falcon Pointe going to time-share. The first agreement dealt with road maintenance, and the second agreement dealt with the payments to Beaver Creek West. The second agreement stated that there were three items that had to take place; 1)was the changing of the zoning map to show that Lot 45 would be in a district that would allow time-share as a use, which occured last November or December; 2)to have a final plat that would be brought in and approved by the Town Council, but after reviewing the plat it was not necessary to do a replat or a resubdivision of Lot 46; 3) to have Condominium Declarations and By-Laws that would allow them to time-share the property. He stated that they had worked to get the two agreements into a written form. Mr. Mitchell stated that on February 5, 1986, he sent a copy of the final draft agreements to Mr. McConnell. Mr. Mitchell stated that since that time, there had been no effort to contact Falcon Pointe, until, he had received a letter dated October 17, 1986 stating that Falcon Pointe had refused to sign any agreements. Mr. Mitchell stated that he was surprised that he had not been contacted either in writing or by phone by Beaver Creek West. Mr. Mitchell felt that Beaver Creek West should have responded to the two agreements and felt it was up to them to make the next move. Mr. Mitchell stated that Falcon Pointe would have their attorney's draft a response to the letter of October 17th. -2- Mr. Mitchell stated that he didn't feel that Columbia Savings was at fault, and spoke in defense of them for the fact that they responded quickly to the contribution of the $10,000 for the proposed bus stop. The Town Manager stated.that the two agreements should be in place before the Town Council finalizes the subdivision agreement. The Town Attorney found that it was a dispute between the two parties, and that the Council set back until the dispute was resolved. After discussion, Mr. Mitchell stated that he would take the responsibility to start the proceedings. It was requested that the minutes relating to the November, 1985 meeting be reviewed and copied to the Town Council for the next meeting. First reading of Ordinance No. 86-22, 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 PROVIDING A PENALTY FOR VIOLATION THEREOF. Mike Blair, President and Chairman of the Avon Metropolitan District Board of Directors, approached the Council. He stated that the Fire Code Committee reviewed the ordinance and that they had put a lot of hours and work into the revision. The Committee, in several meetings, met with the Avon Metropolitan District Board of Directors, the Fire Department Staff, and the Town of Avon Staff. As a result, the revision was before the Town Council. Councilman Connell stated that he didn't know what the changes were to the revised Fire Code Ordinance, and didn't feel comfortable approving the ordinance without reviewing those changes. Mr. Blair stated that the resolution that was adopted by the Avon Metropolitan District Board of Directors explained the changes in detail. Councilwoman Davis moved approval of Ordinance No. 86-22. The motion was seconded by Councilman Watkins. Councilman Watkins stated that on page 3, 15.32.050, the fourth line from the bottom, it should be changed from "3.000" to "3,000", page 4, he had concern of the wording, "automatic building extinguishing system", page 5, second paragraph from the bottom, the sentence should be reworded. Councilwoman McRory stated that 15.32.070, section 10.312, did not coincide with the index of the front page. The Mayor recommended tabling the ordinance until the above changes could be made, and that more information be made available to the Council of the revised changes. Councilman Buick moved to table Ordinance No. 86-22. The motion was seconded by Councilman Connell. Councilman Watkins stated that the changes to the ordinance were not that major and felt it should be passed on first reading. The motion carried with Councilman Watkins opposing. -3- • Resolution No. 86-19, Series of 1986, A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW OFFICE SPACE AND AUTOMOTIVE REPAIR ON LOT 16, BLOCK 1, BENCHMARK AT BEAVER CREEK, AND OFF-SITE PARKING AND OUTSIDE OPERABLE VEHICLE STORAGE ON LOT 17, BLOCK 1, BENCHMARK AT BEAVER CREEK. Norm Wood stated that Colorado Mountain Express had applied for Special Review Use approval for office, vehicle repair, and outside storage(off-site parking)on lots 16 and 17, Block 1, Benchmark at Beaver Creek. He stated that Lot 16 was the developed portion of the Avon Business Service Center on the west side of Metcalf Road and Lot 17, was the adjacent undeveloped lot on the south side. The Planning and Zoning Commission had held a public hearing for the requested Special Review Use. He stated that there was only one opposing letter, which was from the owners of the two lots north of Lot 16. The planning and zoning Commission approved the Special Review Use and recommended Town Council approval. The approval was contingent upon; 1) construction of site improvements on Lot 17, Block 1, Benchmark at Beaver Creek as approved by the Planning and Zoning Commission; and 2)the recording of a lease, with the Clerk and Recorder of Eagle County, Colorado, for Lot 17, Block 1, Bench- mark at Beaver Creek, that is perpetual in nature and runs for the duration of the proposed use requiring the off-site parking and operable vehicle storage. Andy Wallace, head of operation for Colorado Mountain Express, approached the Council. Mr. Wallace gave a brief background history of the company. He stated that they have been in business for approximately three and half years. They were going to offer three different services to the Avon/Beaver Creek area, they were; 1) a ground transportation to Denver Stapleton Airport; a non-stop door to door service to all the area; 2)a twenty four hour taxi service for the area; and 3)they were going to offer rafting for the area. They would be employing approximately sixty people. He stated that the office area would be used for dispatch purposes, management rooms, meeting rooms, and reservation desk area. The lower area of the building would be split into two sections, the one section would be for vehicle maintenance, and cleaning of the vehicles, and also for storage for their rafting company. He stated that on the parking area, it would house their thirty to thirty five vans, which they own and run. Mark Donaldson stated that the parking area would be a wood fence for screening. The enclosed yard would be paved in the spring of next year. Councilman Miller moved approval of Resolution No. 86-19, Series of 1986. The motion was seconded by Councilman Connell and was unanimously carried. -4- 0 • Resolution No. 86-20, Series of 1986, A RESOLUTION APPROVING FINAL PLAT OF THE RAY TOWNHOUSE, A SUBDIVISION OF LOT 51, BLOCK 3, REPLAT NO.2, FINAL SUBDIVISON PLAT OF WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that Michael and Nancy Ray had submitted final plat, a subdivision of Lot 51, Block 3, Wildridge Subdivision. The plat divides an existing building into two townhouse units and defines the remainder of the lot as common property. After the plat review by town staff, it was found to be in general conformance with all the rules and regulations of the Town of Avon. Recommended action was to approve Resolution No. 86-20 subject to: the completion and execution of all certificates in a manner satisfactory to the Town Attorney prior to filing with the Clerk and Recorder of Eagle County. Councilwoman Davis moved approval of Resolution No. 86-20, Series of 1986. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 86-21, Series of 1986, A RESOLUTION TO AMEND THE 1986 TOWN OF AVON BUDGET. A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1986 BUDGET FOR THE TOWN OF AVON, COLORADO FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1986, AND ENDING ON THE LAST DAY OF DECEMBER, 1986. Councilwoman Davis moved approval of Resolution No. 86-21, Series of 1986. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 86-22, Series of 1986, A RESOLUTION TO SET MILL LEVIES FOR 1987 BUDGET, LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1986, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON COLORADO, FOR THE 1987 BUDGET YEAR. Councilman Miller moved approval of Resolution No. 86-22, Series of 1986. The motion was seconded by Councilwoman Davis and was unanimously carried. Resolution No. 86-23, Series of 1986, A RESOLUTION TO ADOPT THE 1987 TOWN OF AVON BUDGET. A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1987, AND ENDING ON THE LAST DAY OF DECEMBER, 1987. The Town Manager stated that the resolution reflected the total estimated expenditures for 1987 in the amount of $2,998,122. He stated that any changes made to the budget would have to be brought back to the Town Council for approval. Councilman Miller moved approval of Resolution No. 86-23, Series of 1986. The motion was seconded by Councilman Buick. -5- LI Councilman Watkins felt that the Council should run budget procedure before the budget was adopted. The Town Manager stated that the Council had until to finalize the budget. . There being no further discussion, the Mayor called motion. The motion carried with Councilman Watkins through the December 31, 1986 for a vote on the opposing. The next item on the agenda was the new contract for Dog Control. The Town Manager stated that Eagle County had contracted with Dr. Warren to provide animal control service for the county. Dr. Warren was requiring the various communities to pay him directly, a fee of $9.50 per day to board stray dogs. The Town of Avon was required to sign a contract with Dr. Warren to provide a means to provide animal shelter service to Avon, and to set up fees for a number of days to allow a dog to stay at the pound. Mr.James stated that the Municipal Code would have to be amended(section 6.04.080)(currently $5.00)(change to $12.00)per day for boarding stray dogs. He stated that a draft contract would be brought back to the Council for their review. After discussion of the fees, Councilman Watkins moved that the Town Attorney review the contract and draw up the changes to the Municipal Code. The motion was seconded by Councilwoman Davis and was unanimously carried. The Town Manager reported on some changes to the Personnel Policies and Procedures Manual. Some of those changes that were recommended by the Personnel Policies and Procedures Manual Committee were: the period of probation, disciplinary procedures, benefits after the ninety day employment. Mr. James recommended that Council authorize the Town Manager to make the necessary changes. Councilman Miller moved to authorize the Town Manager to make the necessary changes to the Personnel Policies and Procedures Manual. The motion was seconded by Council- woman Davis. Mr. James stated that he didn't have a problem with Council reviewing all the changes, if they wanted to take the time to do so. Councilman Watkins stated that rather than authorize the Town Manager to make the proposed changes, he felt the changes should be summarized, then sent to the Town Council for review. He stated that he didn't think Council should delegate that responsibility to the Town Manager. Councilman Connell agreed. The Town Manager stated that he would like to delete the procedure of approving the periodic changes of the manual by resolution. The Mayor called for a vote on the motion. The Council voted no unanimously to-the motion and therefore the motion was denied. Councilman Buick moved to authorize the Town Manager to make necessary changes to the Town's Personnel Policies and.Procedures Manual after Council has been advised of any revision. The motion was seconded by Councilwoman McRory and was unanimously carried. -6- 0 0 The Financial Matters were next presented to the Council. Councilman Buick moved to receive items #1 through #6. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Watkins suggested that the deposits should be split more evenly between the banking institutions. Councilman Buick moved approval of the General Fund of Accounts Payable of October 28, 1986. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Buick moved approval of the Reconciliation Sheet of Accounts Payable of October 28, 1986. The motion was seconded by Councilman Watkins and was unanimously carried. The Town Manager requested that Council consider the Staff submit the Financial Reports on the cash account balances - all funds; detail planning and zoning commission, contractors licenses, building permits and the real estate transfer taxes, the first meeting of each month, and then the general fund and the reconciliation sheet of accounts payable, the first and second meeting of each month. Councilman Buick moved to adopt the procedure which had been requested. The motion was seconded by Councilman Connell and was unanimously carried. Be it noted that the October 14th Council Meeting Minutes would be presented to the Council at the November 11th Council Meeting. Councilwoman Davis stated that she was given an unsigned petition, which consisted of a number of unsitely areas that the residents of the Town of Avon felt should be addressed by the Town Council. After discussion the Council agreed to address this matter at the next Council Meeting. At that point, the Town Manager requested that the Town Council consider convening into the Liquor Licensing Authority, after the adjournment of the Town Council Meeting, to approve one item. The Council agreed. -7- 0 Councilwoman McRory requested that the Town Council consider that Police Officer Fritz Kreuch be recognized for his accomplishments and his representing Avon in regard to various athletic events throughout the states. The Town Manager stated that the Town did compensate him( by the use of a car, appropriate time off from work, and the Town has purchased a jogging outfit for him. Some discussion followed. No action was taken. The Council then referred back to the funding priorities for donations to other agencies that was discussed earlier in the work session. The Council discussed and agreed to the following contributions: The Western Vail Valley Resort Association - $35,000 as a base contribution, with a $15,000 contribution based on a formula; American Ski Classic -0- World Cup Champsionships - $30,250 Salvation Army - $500 Echo Ranch - $2,500 Public Access Television - $1,000(contingency) Bike Path - $2,500; the Town's contingency - $10,000 Vail Institution - $1,000 Vail Symposium -0- Northwest Colorado Professional Counseling Center - $2,500 Northwest Colorado Council of Governments -0- Eagle County Development Coalition - $1,000. This would bring the total of contributions to $100,250, and a balance in the Town's contingency of $15,750. Councilman Watkins suggested the town should transfer the balance of the contingency into the public improvements budget. There being on further business to come before the Council, Councilman Watkins moved to adjourn the Town Council Meeting and to convene into executive session following the Liquor License Hearing. The motion was seconded by Councilman Miller. The meeting was ajourned by Mayor Nottingham at 10:15 p.m. -8- r • APPROVED: BY -9- Res,pectu-l)ly Submitted: P4tri6-ia J. Do/1¢, Town QTerk