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.
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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.
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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.
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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.
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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.
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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.
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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.
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APPROVED:
BY
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Res,pectu-l)ly Submitted:
P4tri6-ia J. Do/1¢, Town QTerk