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TC Minutes 12-09-1986s • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD DECEMBER 9, 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 7:45 p.m. A roll call was taken with Emilie Harrison, Clint Watkins, Gloria McRory, Jerry Davis, and Al Connell present. Councilman Miller was absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Director of Public Works, Parks, and Recreation Larry Brooks, Director of Engineering/Community Development Norm Wood, Police Chief Joe Olson, Consultant Jim Lamont, and members of the press and public. The Mayor called for Citizen Input. Mr. Bill Young, new General Manager of the Christie Lodge, approached the Council. He stated he was from Hawaii, and had been in the hotel business for ten years. He stated that First Resorts Management Company was his employer, and it was their goal to operate the Christie Lodge in a successful manner; in such a way as to enhance Avon and the Lodge itself. He stated he would not be able to change the unfavorable reputation of the Christie overnight, but he and First Resorts would be working with the Town and the Council to improve Avon and the reputation of the Christie Lodge. He thanked the Council for the opportunity to introduce himself and First Resorts. Mr. Gene Larson, with Heritage Cablevision, approached the Council. Council had asked him to attend to further explain the changes in Heritage's rate structure that were outlined in a letter in Council's last packet. Councilman Davis wanted to know why Avon residents were having to pay $2.00 more to get the same thing Summit County has. Mr. Larson stated that the amount of Capital Investment was substantially more in this area than in Summit County. He stated that the differences were the result of some very hard budget decisions that had to be made, and stated he would be happy to show the Council Heritage's profit/loss figures. Mr. Larson stated they were limited in the decisions that could be made until they have exclusive ownership of the system. s • Councilman Davis commended Heritage for the services they have provided, and hoped Mr. Larson would take the comments offered to heart. The Mayor thanked Mr. Larson for his time. Mr. Gary Sims, representing Wynfield Inns, approached the Council. He stated that Harvey Champlin could not attend, as was planned. He referred to a letter from Mr. Champlin that outlined Wynfield's reasons for appealing Capital Improvement Fees assessed against the hotel. He stated he had nothing more to add, and asked Council for a decision on the appeal by which they would abide. The basis for appeal, as stated in the letter dated 12/1/86, was (1) a failure by the Town to give proper notice; (2) unequal protection and application; (3) no offset in fees; (4) undue hardship and adverse economic impact; (5) other "Good Neighbor" considerations. Mr. Champlin's concerns were individually addressed in a memo from Norm Wood, dated 12/4/86. The memo concluded that the Town saved Wynfield over $19,000 in potential fees, and stated that the Capital Improvement fees would be used to benefit all residents and visitors to Avon, including the Wynfield Inn. It was the opinion of Mr. Dunn and Mr. James that discussions with Mr. Champlin, since the date of his memo, seemed to indicate that Mr. Champlin was beginning to understand the fee assessment and was possibly becoming less opposed to it. Mr. Dunn stated he saw no basis for relief from the assessment. The Mayor stated he felt the assessment was fair and justified. After brief discussion, Council agreed that the fee was justified and the assessment would stand. Mr. Simms also felt that Mr. Champlin might be "comming around" on the assessment. He requested that Council allow a Certificate of occupancy to be issued before the assessment was paid, so the hotel could open on schedule, and asked that Wynfield be granted 90 days in which to pay the fee. Council agreed. Mr. Sims thanked Council for their consideration. Dr. Debbie Garcia, a Pediatrician in Vail, approached the Council. She stated she had conducted a survey that indicated a great need for a low-cost children's clinic amoung indigent families in the community. She approached local doctors and proposed a Saturday clinic, to be operated by volunteer doctors, in Avon. Families would be charged based on their ability to pay. She stated that Eagle County Public Health had indicated a willingness to participate, and Dr. Thomas Steinberg, County Public Health Officer, had agreed to allow the County Nurse's Office in the Avon Town Hall to be used for the clinic. She offered Council a letter -2- from Dr. Steinberg giving permission to use the space. Dr. Garcia requested Council approval for use of the space for the clinic, and briefly reviewed the results of the survey. She stated that any fees collected would go back into the clinic. The Mayor felt it was a very worthwhile project. Councilwoman McRory found the results of the survey very informative. Councilwoman Harrison commended Dr. Garcia for her efforts, and hoped the service would be expanded. Councilman Davis agreed. The Council agreed unanimously to the use of the space. There being no further Citizen Input, the Mayor closed the discussion. Second 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. This was a public hearing. Norm Wood stated the ordinance would adopt the 1985 Edition of the Uniform Fire Code, with certain amendments that specifically addressed this community's needs. He stated that the Code and the amendments had been reviewed, at length, by the Avon Metro Board and a number of concerned citizens groups, and the ordinance represented the consensus of those groups. Councilwoman Harrison moved approval of Ordinance No. 86-22, Series of 1986, on second reading. Councilwoman McRory seconded the motion. The Mayor opened the meeting for public hearing. There being no public comment, the Mayor closed the hearing and called for Council discussion. There being no comment, a roll call was taken. Councilmembers Watkins, Connell, Davis, Harrison, and McRory voted "aye". There were no "nay" votes. The motion carried unanimously. Second reading of Ordinance No. 86-24, Series of 1986, AN ORDINANCE AMENDING SECTION 9.12.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PROHIBITED CONDUCT IN LIQUOR LICENSED PREMISES AND PROVIDING PENALTIES FOR VIOLATION THEREOF. This was a public hearing. Joe Olson stated the ordinance would incorporate two sections of the Liquor Code into the Municipal Code. He stated the ordinance would allow the police to cite violators into Municipal Court, instead of County Court. -3- C i Councilman Connell moved approval of Ordinance No. 86-24, Series of 1986, on second reading. Councilwoman McRory seconded the motion. The Mayor opened the meeting for public hearing. Mr. Steve Beery, owner of Spanky's Tavern, approached the Council. He stated he would like to see the ordinance include violations involving minors, so they could be cited into Municipal Court, instead of County Court, also. Chief Olson stated that Municipal Courts were limited in their powers over minors in criminal matters, whereas County Court was not. Mr. Beery stated he was referring specifically to persons between the ages of 18 and 21. He further stated he would like to see a provision releasing liquor establishments from liability for sales to persons who provided false identification. There was brief discussion on the identification of people as "habitual drunkards". Chief Olson stated that the Liquor Code does not differentiate between those over 18 and those under 18; just under 21 years old. There being no further public comment, the Mayor closed the public hearing and asked for Council comment. Councilman Watkins thought the Town should have an ordinance to cover people between 18 and 21 years old that try to buy liquor; especially since there was an ordinance to address the people who sell liquor to them. Council agreed. A roll call was taken, with Jerry Davis, Gloria McRory, Clint Watkins, Emilie Harrison, and Al Connell voting "aye". There were no "nay" votes. The motion to approve the ordinance carried unanimously. Councilman Watkins moved to direct the Town Attorney to prepare an ordinance to address the purchase of liquor by people between the ages of 18 and 21. Councilman Connell seconded the motion, and it carried unanimously. First reading of Ordinance No. 86-25, Series of 1986, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF SECTION 9.08.023 AS IT PERTAINS TO MENACING AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Chief Olson stated this was a revised ordinance, and was almost identical to the applicable state statute. The ordinance would allow the police to cite violators into Municipal Court, instead of County Court. After brief discussion, Councilwoman Harrison moved approval of Ordinance No. 86-25, Series of 1986, on first reading. Councilwoman McRory seconded the motion. -4- • i Those Councilmembers voting "aye" were Gloria McRory, Emilie Harrison, Al Connell, Jerry Davis, and Clint Watkins. There were no "nay" votes. The motion carried unanimously. Second reading of Ordinance No. 86-26, Series of 1986, AN ORDINANCE AMENDING SECTION 10.04.010 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OBEDIENCE TO RAILROAD SIGNALS AND PROVIDING PENALTIES FOR VIOLATION THEREOF. This was a public hearing. Chief Olson stated that the ordinance would require drivers to remain at a stop, when railroad signals indicated the approach of a train, rather than just stopping briefly and proceeding. After brief discussion, Councilman Connell moved approval of Ordinance No. 86-26, Series of 1986, on second reading. Councilman Davis seconded the motion. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing and called for Council discussion. As there was no further comment, the roll was called. Those Councilmembers voting "aye" were Jerry Davis, Gloria McRory, Clint Watkins, Emilie Harrison, and Al Connell. There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 86-27, Series of 1986, AN ORDINANCE AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO COLLECTION OF AND LIABILITY FOR THE TAX ON THE USE OF TIME-SHARE UNITS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Mr. Dunn stated there were two corrections to be made. In Section 1, 2nd line from the bottom, and again in Section 3, 4th line of paragraph C, change the words, "transfer or", to, "transferor". He stated that the need for this ordinance was brought to light by a recent audit of Use Tax owed to Avon from Christie Lodge. The auditing firm recommended that owners associations be made liable for payment of the tax. He and Mr. James had decided the tax should be assessed at the begining of each year, to be payable in twelve, monthly installments, rather than calculating and assess- ing the tax each month. Mr. Dunn reviewed the provisions of the ordinance. Mr. James felt this would be a much better system, for all parties involved. Councilwoman Harrison asked what impact the ordinance would have on unpaid tax now owed to the Town. Attorney Dennis Cole approached the Council. He stated it was his opinion that any uncollected tax now owed, under the current ordinance, could be imposed as a lien on individual owners' units. -5- • • Until January 1, 1987, the owners associations and/or the management companies would not be liable for payment. Mr. Cole stated that the management companies were now seeking opinions as to whether a municipality has the right to make them jointly and severally liable for payment, with the owners associations, regardless of whether they have been able to collect the tax from the unit owners. After further discussion, Councilwoman McRory moved approval of Ordinance No. 86-27, Series of 1986, on first reading. Councilman Connell seconded the motion. Councilmembers voting "aye" were Gloria McRory, Clint Watkins, Jerry Davis, Al Connell, and Emilie Harrison. There were no "nay" votes. The motion carried unanimously. Resolution No. 86-29, Series of 1986, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR THE TRANSFER OF EIGHT RESIDENTIAL DEVELOPMENT RIGHTS FROM BENCHMARK AT BEAVER CREEK UNASSIGNED UNIT POOL TO LOT 12, BLOCK 2, BENCHMARK AT BEAVER CREEK. The Mayor stated he had a potential conflict of interest in this matter. As Mayor Pro Tem Miller was absent, Mayor Nottingham called for a motion to appoint Councilman Watkins as temporary Chairman. Councilman Connell so moved. Councilwoman Harrison seconded the motion, and it carried unanimously. Councilman Watkins proceeded with the meeting, stating that the matter was referred to Council by the Planning and Zoning Commission. Norm wood reviewed the request with the Council, stating that the transfer would clear out the Unassigned Unit Pool. He stated that the Planning and Zoning Commission held a public hearing, at which no public opposition was expressed, and had recommended Council approval of the Special Review Use. Councilwoman Harrison moved approval of Resolution No. 86-29, Series of 1986. Councilwoman McRory seconded the motion. After brief discussion, the motion carried unanimously. The mayor resumed his seat. The next item was not on the agenda, and was introduced by Attorney Dennis Cole. Mr. Cole stated that Landmark Hotel Corporation had asked that he prepare an Inducement Resolution to present to Council, to facilitate the issuance of Industrial Development Revenue Bonds for a hotel in Avon. He stated the resolution was identical to one approved by Council last year, for the same reason. He stated -6- there was a limited amount of money available in Colorado for bonds, and it was doubtful there would be an allocation sufficient to fund these bonds. He asked Council to approve the resolution, so Landmark would be in a position to get the money should it become available. The Resolution was presented to Council. Resolution No. 86-31, Series of 1986, A RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT PROJECT FOR LANDMARK HOTEL CORPORATION, MAKING CERTAIN FINDINGS AND DETERMINATIONS, PRELIMINARILY APPROVING THE ISSUANCE OF UP TO $10,000,000 PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (HOLIDAY INN PROJECT) IN CONNECTION THEREWITH AND AUTHORIZING REPRESENTATIVES OF THE TOWN TO TAKE ACTION INCIDENTAL THERETO. Discussion followed. Attorney Jim Wear, partner of Mr. Cole, stated that there was, indeed, a slim chance of getting the money; however, without approval of the resolution, there would be no chance at all. Further discussion followed. Councilman Watkins moved approval of Resolution 86-31, Series of 1986. Councilwoman Harrison seconded the motion, and it carried unanimously. The next item, also not on the agenda, was Resolution No. 86-30, Series of 1986, A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND CONDOMINIUM MAP OF THE FALCON POINTE CONDOMINIUM, LOT 45, BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO AND FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK. Mr. James stated that the resolution was before Council at this time so that Falcon Pointe could get their sales program in place before peak season. Mr. Mark Mitchell, representing Falcon Pointe Lodge, approached the Council. He stated that construction was scheduled to be completed by the Christmas Holiday, and they hoped to begin time-share sales and a rental program by that time. He stated that the resolution contained some conditions for approval that they were working on, one of which was a density question that had to be approved by Special Review Use. Discussion followed. The mayor asked if Falcon Pointe's differences with Beaver Creek West had been resolved. Mr. Mitchell stated he had the documents to resolve the problems with him, and the checks. Councilman Watkins had a problem with the fact that Council had not been allowed time to review the resolution, and the fact that it had not been posted on an agenda for public information. Councilman Connell felt that Mike Bennett, with Beaver Creek West, should be present. -7- 9 0 Councilman Davis had a problem with the last-minute way the matter was being handled. Further discussion followed. Mr. James stated he would probably need to meet with Council, on December 16th, to discuss shopping center matters. That being the case, he suggested taking action on the resolution at that time. The Mayor felt that, if the applicant had no problem with certain contingencies being included in the resolution, the matter should be resolved now. Councilman Connell agreed. Councilman Watkins disagreed; he felt some time to review the matter was needed. Mr. James recommended waiting until the 16th. Councilman Davis agreed. Councilman Watkins moved to table Resolution No. 86-30, Series of 1986, until a Special Meeting to be held on December 16, 1986. Councilman Davis seconded the motion, and it carried unanimously. The Town Attorney's reports were next. Regarding the Peregrine litigation, Mr. Dunn stated that the FSLIC's Motion to Dismiss is set for hearing around the 29th of January, 1987. Regarding Sunroad Group vs. Town of Avon, Mr. Dunn stated that the Town's motion to Dismiss was granted, without prejudice. He stated it appeared that the matter was near an end. Council complemented Mr. Dunn on a job well done. A discussion on designating Avon as a Nuclear Free Zone was next. Council had received a letter, from Pamela A. Telleen, expressing strong support for the designation. There were also members of the Great Peace March in the audience. Mr. James stated he had not had a chance to verify the information contained in the letter, but he felt the concerns were legitimate. It was stated that the Town could not regulate use of the Interstate, regardless of any type of Nuclear Free designation. Councilman Davis felt the Council should pass a Nuclear Free resolution. Councilman Connell agreed. Councilwoman Harrison disagreed. She felt it would be an ineffectual gesture. Discussion followed. Councilman Watkins suggested scheduling a public hearing, in January, to see what kind of community response would be offered. Council agreed. -8- • Next on the agenda was a request for an extension in the filing deadline for the Eaglebend Final Plats. Norm Wood stated that Jeff Spanel, with Inter-Mountain Engineering and representing Eaglebend, had requested a 120-day filing exten- sion for the Eaglebend Final Plats. They would accept a lesser extension, at the Council's discretion. Mr. Wood stated that staff had no problem with the request, but recommended setting a specific date; he felt April 15, 1987, would be appropriate. Councilman Connell moved to extend the deadline for filing of the Eaglebend Final Plats to April 15, 1987. The motion was seconded by Councilman Davis, and it carried unanimously. The Avon Exchange Agreement with the Forest Service was considered next. Mr. James stated there was a letter from Western Land Exchange in Council's packet, addressing the Forest Service's conditions for approving the exchange. He stated that neither Tom Glass or Dan Pike had been able to attend this meeting. They had recommended putting it aside until the next meeting, when Mr. Glass could attend to address the Council. Mr. James agreed with the recommendation. Mr. James then reviewed the Forest Service recommendations and Decision Notice with the Council. It was agreed to take the matter up at the 1st meeting in January, when Tom Glass could attend. The Financial Matters were next presented to Council. Councilman Connell moved to receive items #1 through #8. Council- woman McRory seconded the motion, and it carried unanimously. Councilman Connell moved approval of the General Fund Accounts Payable for December 9, 1986. Councilwoman McRory seconded the motion, and it carried unanimously. Councilman Connell moved approval of the Transit Fund Accounts Payable for December 9, 1986. Councilwoman McRory seconded the motion, and it carried unanimously. Councilman Connell moved approval of the Reconciliation of Accounts Payable for December 9, 1986. Councilwoman McRory seconded the motion, and it carried unanimously. -9- • 0 The minutes of the November 25, 1986, regular meeting, and the December 2, 1986, Special Meeting were offered for Council approval. Councilman Connell moved approval of the November 25th meeting minutes, as presented. Councilwoman Harrison seconded the motion, and it carried unanimously. Councilman Connell moved approval of the December 2nd Special Meeting minutes, as presented. Councilwoman McRory seconded the motion, and it carried unanimously. Mayor Nottingham stated that Council agreed, during the earlier Work Session, that an official statement should be issued regarding the Town of Vail's attempt to purchase the Singletree Golf Course. The matter was discussed extensively at the Work Session. The Mayor asked for Council suggestions as to the wording of the statement. Councilman Connell stated he was very disappointed that June Creek Ranch Company did not approach Avon about the purchase, especially since Avon is contiguous with Berry Creek. Councilman Davis suggested that Mr. James restate his earlier comments, and then draft the statement. Mr. James stated that comments in the Work Session indicated Council support for approaching the Town of Vail with a proposal for a joint venture in the purchase. If this was acceptable to Vail, efforts would be made to work out the details. Council agreed. Mr. James stated that Vail had a public hearing on the matter scheduled for December 16th, and suggested that as many Council- members as possible try to attend. He stated he would like to draft a letter to Ron Phillips, in the meantime. Council agreed. It was stated that Avon's Council would meet in a Special Meeting, on December 16, 1986, at noon. Mayor Nottingham stated he had inquired about the possibility of getting Gold Medallions. He stated that Council had decided to put the $10,000 given to the American Ski Classic in the past into a contingency fund, and to attempt to get the medallions for the contribution made to the World Cup. The Mayor stated the efforts were unsuccessful. He stated that the Vail Foundation needed to use the medallions to raise funds for the American Ski Classic, only. The Mayor felt Council had lost sight of the real reasons behind -10- 9 0 donations to the Ski Classic; those being the marketing and promotional benefits the Town receives, not the medallions. He stated that the $10,000 had been part of the Town's Marketing budget in the past, and he felt it should continue as such. He did not want Avon to stay in the background and go unrecognized. He asked Council to reconsider the donation to the Ski Classic, and to contribute at the level of Silver Sponsor. Mr. James stated that the funds were available. Councilman Connell moved to reconsider the donation to the American Ski Classic, and to contribute at the level of Silver Sponsor. Councilwoman Harrison seconded the motion. Councilman Davis felt that if one donation was to be reconsidered, then all donations not made this year should be, also. Councilwoman Harrison felt that the exposure was worth the expense. Councilwoman McRory felt the donation would be worthwhile. Councilman Connell agreed. Councilman Watkins felt the only benefit from the donation would be the medallions. He felt two Bronze sponsorships, at $3,500 each, would be more appropriate, and the extra $3,000 could be donated to some other organization. Discussion followed. The Mayor felt that the benefits received were well worth the $10,000. At this point, Councilman Miller arrived and took his seat. The Mayor reviewed the discussion for him. Councilman Miller felt the benefits were not worth $10,000. Further discussion followed. The Mayor called for a vote on the motion. There were 2 votes in support, and 4 opposed. The motion was denied. Councilman Watkins moved to authorize a donation of $7,000 to the American Ski Classic, at the level of 2 Bronze Sponsorships, conditioned upon the Town receiving 2 Gold Medallions for the donation. Councilman Connell seconded the motion. There were 4 votes in support, and 2 opposed. The motion carried. Referring to the letter in Council's packets regarding the Nottingham Stockyard Annexation, Mr. James stated that the matter would be taken up at the next meeting. Councilman Miller asked whether it would be appropriate for him to request that Council adjourn into an Executive Session. He stated he had some information on the Singletree issue that he felt would be of interest. -11- 0 • After brief discussion, Councilman Miller withdrew his request. There being no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilman Watkins, and it carried unanimously. Mayor Nottingham adjourned the meeting at 11:04 p.m. Respectfully Submitted: /s/ Barbara R. Joseph, Deputy Town Clerk -12- APPR(1VRil z~