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TC Minutes 08-12-1986MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD AUGUST 12, 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 7:57 p.m. A roll call was taken with Steve Miller, Sheila Davis, Don Buick, Al Connell, and Clint Watkins present. Also present for all or part of the meeting were Attorneys Art Abplanalp and Leslie Ranniger, Town Manager Bill James, Chief of Police Joe Olson, Director of Engineering/Community Development Norm Wood, Director of Public Works, Parks, and Recreation Larry Brooks, and members of the press and public. The first order of business was the appointment of a Councilperson to fill the vacancy created by the resignation of A.J. Wells. The Mayor stated there were five applicants for the position, each of whom Council interviewed at the earlier work session. He stated that all the applicants interviewed very well. The Mayor then called for a written ballot. At this point, Mr. Abplanalp suggested that, since a majority vote is required for appointment, Council adopt a rule to the effect that if no applicant receives a majority vote, the Council would vote again on the top two applicants. Councilman Watkins so moved. Councilman Miller seconded the motion, which carried unanimously. The applicants were Jim Comerford, Gloria McRory, Emilie Harrison, Ed Everett, and James Stovall. The ballots were cast, and Gloria McRory was elected by a majority vote of the Council. Councilman Miller moved to appoint Gloria McRory as the new Council member to fill the remainder of Mr. Wells' term. Councilman Connell seconded the motion, and it carried unanimously. The oath of office was administered to Mrs. McRory, and she assumed her seat with the Council. The Mayor thanked the unsuccessful candidates for their participation, and urged them to run for the Council seats opening in the fall. The Mayor called for Citizen Input. • ! Mr. Bob Knous, new President of the Vail Valley Foundation, approached the Council. He stated that Council was well aware of the Foundation's programs to enhance the cultural, educational, and athletic events in the Valley. He stated that these programs would hopefully proceed on course, and benefit the community as a whole. Mr. Knous stated he would be meeting with Council, collectively and individually, to discuss such events as the 1989 World Championships, and possibly some new events, in the future. He stated he was glad to be back in the area, and invited Council to contact him at any time with any questions or concerns that may come up. The Mayor thanked Mr. Knous for his presentation and, as there was no further citizen comment, closed the discussion. First reading of Ordinance No. 86-18, Series of 1986, AN ORDINANCE DEFINING "ABANDONED BUILDINGS"; DECLARING ABANDONED BUILDINGS TO BEA NUISANCE; AND PROVIDING FOR THE ABATEMENT THEREOF. Mr. James stated that the ordinance was prepared in response to the interest Council expressed in the issue at the last meeting. Mr. Abplanalp stated there was a correction to the ordinance. On page 2, third paragraph from the bottom, change "8.03", to 118.30". Councilman Watkins asked that the provisions of the ordinance be summarized for Council. Mr. Abplanalp stated that the ordinance declares that abandoned buildings constitute a danger to public health, safety, and welfare; that such danger constitutes a public nuisance; that any building not occupied for at least six consecu- tive months can be presumed to be abandoned, at the discretion of the building official; and that once classified as abandoned and, as such, declared a nuisance, the abatement measures provided for can be commenced. Abatement would be defined as re-occupation by an owner or tenant; demolition and removal of the building, in compliance with the Municipal Code; or the completion of construction of a building and the issuance of a certificate of occupancy. Mr. Abplanalp went on to summarize notification procedures, the provision for a 60-day voluntary abatement period, and the Town's right to recover the cost of abatement measures it may initiate in the form of a lien against the property. Councilman Buick questioned whether the Town's insurance would cover any action the Town might take, and would a court uphold the Town's right to demolish a building declared to be abandoned. Mr. Abplanalp felt the answer to both would be yes. Councilman Buick moved approval of ordinance No. 86-18, Series of 1986, on first reading, with the correction to page 2. Councilman Connell seconded the motion. The Mayor called for a roll call vote. Council members voting "aye" were Clint Watkins, Gloria McRory, Steve Miller, Don Buick, Sheila Davis, and Al Connell. -2- • There were no "nay" votes. Councilman Buick suggested that to any interested parties. • The motion carried unanimously. copies of the ordinance be mailed First reading of Ordinance No. 86-19, Series of 1986, AN ORDINANCE REPEALING ORDINANCE NO. 86-15 AND 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. A new developer agreement was also included with this item. Mr. James updated Council on events surrounding the proposed shopping center that had occured in the last week or so. He stated he received executed land purchase agreements, for both parcels of land, signed by the owners and the developer. The final price on the land was approximately $470,000 more than anticipated, but the developer has agreed to split the overage with the Town. Mr. James stated that the ordinance and agreement before Council would obligate the Town to pay $235,000 of the extra $470,000. He stated that, per Council direction, the ordinance requires the anchor tenant to be at least 50,000 sq.ft. Council had also stipulated that the developer must provide executed site purchase agreements by August 12, 1986, which had been done, and that the original timetable be maintained. Mr. Abplanalp stated that the ordinance was mostly the same as #86-15, the one it would repeal, but it authorized the Town to enter into the new agreement. He stated there were two corrections to the ordinance. On page 1, Section 1, change "86-125", to "86- 15". On page 2, second line, change "the 28th day", to "the 26th day". Mr. Abplanalp then reviewed each of the most recent revi- sions to the agreement. The major changes included a change in the deposit stipulation, to a non-refundable $100,000; a provision that any interest earned will be retained by the Town; an increase in the Tract A purchase price, to $1,835,000; the addition of a clause allowing the Town to terminate the agreement without notice under certain circumstances; the addition of language specifying that the anchor tenant be approved by the Town and occupy not less than 50,000 sq.ft., and specifying that parking will be construct- ed on Tract A at the developer's expense; and the addition of a paragraph, titled "Town Option to Purchase All or a Portion of the Property", defining the Town's right to specific action in proceed- ing with the project on its own, in the event of a default/breach of the agreement by the developer. Also, in the 18th line of this paragraph, after the word "limited", add the word "to". Mr. Abplanalp stated that Exhibit A, which was not yet available, would be a map of the property. Exhibit B was the Schedule of Performance. The deadline for execution of the agreement had been -3- • • changed to 8/26/86, to coincide with second reading of the ordinance, and the deposit amount had been changed to $100,000. Mr. James stated that Ross Consulting felt the project would generate sales taxes sufficient to support the additional $470,000 in land cost. He also stated that the developer had requested that Council consider adding 12 days to the dates on the perform- ance schedule. Mr. Abplanalp suggested making it 15 days, since the rest of the schedule was geared to the 1st and 15th of each month. Council agreed this would be acceptable, starting after the 8/26/86 deadline. Mr. James stated that the developer has also requested that Council consider putting off the deadline for receipt of the $100,000 non-refundable deposit until October 15th of this year. Councilwoman Davis stated she felt very strongly about sticking to the current deposit deadline. Councilman Connell suggested requiring $75,000 now, and the other $25,000 upon closing on the land. Discussion followed. Councilwoman Davis stated she would agree to requiring $75,000 now, and the other $25,000 on October 1st, one month before closing. Councilman Buick stated he could support that arrangement, and the rest of the Council agreed. Mr. Abplanalp stated he would change the agreement to reflect that change. Further discussion followed. It was agreed to add the following language to Section 5. After the words, "not less than 50,000 square feet", add, "and support shops occupying not less than 50,000 square feet, 50% of which shall be retail space." It was also agreed that sections in the agreement that refer to exhibits, that do not reflect the more restrictive language of the exhibits, would be identified for second reading, and would possibly be changed to included the more restrictive wording. Councilwoman Davis moved to approve Ordinance No. 86-19, Series of 1986, on first reading, including the changes outlined above. Councilman Miller seconded the motion. A roll call vote was called, with Council members Steve Miller, Clint Watkins, Al Connell, Sheila Davis, Gloria McRory, and Don Buick voting "aye". There were no "nay" votes. The motion carried unanimously. Next on the agenda was a TEFRA Hearing regarding Sports Facilities Revenue Refunding Bonds, Beaver Creek Associates Project, Series of 1986. The Mayor stated this hearing was related to the resolution that was next on the agenda. -4- Mr. Abplanalp stated that this hearing was basically for the purpose of satisfying Internal Revenue Service regulations. The Mayor opened the TEFRA Hearing for public comment or questions. There being none, the Mayor closed the TEFRA Hearing and moved on to the resolution. Resolution No. 86-16, Series of 1986, A RESOLUTION SUPPLEMENTING ORDINANCE NO. 86-17, SERIES OF 1986; DETERMINING THE PRINCIPAL AMOUNT; BOND NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON $2,700,000 OF THE TOWN'S SPORTS FACILITIES REVENUE REFUNDING BONDS (BEAVER CREEK ASSOCIATES PROJECT), SERIES OF 1986; DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS. Mr. Abplanalp stated that corrections to the resolution had been received today, from Bond Counsel in Denver. On the 1st page, the names of Council and staff present would be changed to reflect actual attendance. Also on the 1st page, 2nd paragraph from the bottom, 4th line, change, "(Vail Associates Project)", to "(Beaver Creek Associates Project)"; same paragraph, 6th line, change the amount to read, "2,700,000". On page 4, 4th paragraph, insert the number, "1.786" in the blank in the variable interest rate formula. On page 5, "Determination of Fixed Interest Rate", there were 3 paragraphs to be inserted that Mr. Abplanalp read in their entirety. Councilwoman Davis moved approval of Resolution No. 86-16, Series of 1986, with the changes and corrections outlined by the attorney. Councilman Connell seconded the motion, and it carried unanimously. The Town Attorney Report was next on the agenda. Leslie Ranniger approached the Council to give an update on the PPL litigation. She stated that the Town won its motion for Summary Judgement in the case, on all items addressed in the motion. She stated this meant the Town's lien on the property will take priority over all other liens. She stated the trial was set for May of 1987, to prioritize all the other liens. She felt the Town was now in a very good position, and stated she would keep Council apprised of any further developments. A report from the Town Manager on the elementary school proposed for Tract P was considered next. Mr. James stated he met with School District officials twice in the last two weeks. He summarized the results of preliminary -5- discussions on a number of items, including the gymnasium size, a joint-use multi-purpose room, design features to minimize the impact of some of the larger rooms, and outdoor recreation and restroom facilities. He stated that Town staff was comfortable with the direction in which discussions were moving, and stated that School District representatives seemed to be open to a number of options for facilities and design. He stated that jointly pur- suing an on-grade crossing at W. Beaver Creek Blvd. was discussed, and added that he may come back to Council with a proposal for the Public Utilities Commission regarding a limited access crossing (school and Town buses, and emergency vehicles). Mr. James asked that Council also think about whether the cost of an amphitheater for Tract P should be pursued; whether there should be a second floor, over the multi-purpose room, for more space; and financing. Since cost figures from the School District would not be available until August 25th, the day before the next meeting, Mr. James requested Council approval to schedule a discussion at the next meeting's work shop, to discuss financing options. Council agreed. At this point, Mr. Abplanalp asked that Council refer back to Resolution No. 86-16, for a last minute correction. On page 5, "Determination of Fixed Interest Rate", 3rd paragraph, 2nd line, change, "equal to 110%", to, "equal to 105%". Councilwoman Davis moved to included that change in the resolution. Councilman Miller seconded the motion, and it carried unanimously. Norm Wood reported on the Holy Cross Electric Association underground right-of-way easement on Tract P. He stated that Council had questions with regard to the right to build over the top of the easement, when the agreement was first presented two weeks ago. There was also question about whether it would be possible to build the future community center out over the transformer location. New language had since been added to the agreement, allowing the Town to landscape or pave over the surface of the easement. The agreement also states that the Town will not place any improvement or object on the easement that would be difficult to move. Mr. Wood stated that this would prevent the building of the community center over the transformer, but stated that architect Jack Zehren did not feel this would be a major problem in community center development. Mr. Wood recommended Council approval of the easement agreement. Council then reviewed the site plans. -6- C • Councilwoman Davis moved to authorize the Mayor to sign the easement agreement for Holy Cross Electric Association, Inc. Councilman Miller seconded the motion, and it carried unanimously. The Financial Matters were next presented to Council. Councilman Miller moved to receive items #1 through #10. Council- woman Davis seconded the motion, and it carried unanimously. Councilman Miller moved approval of the General Fund Accounts Payable for August 12, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation of Accounts Payable for August 12, 1986. Councilman Connell seconded the motion, and it carried unanimously. The minutes of the July 22, 1986, regular meeting were presented to Council next. Councilwoman Davis moved approval of the July 22 meeting minutes, as presented. Councilman Watkins seconded the motion, and it carried with Council members Miller, Buick, and McRory abstaining. Minutes of an August 5, 1986, Special Meeting were next considered. Councilman Miller moved approval of the August 5th Special Meeting minutes, as presented. Councilwoman Davis seconded the motion, and it carried with Council members Watkins, Buick, and McRory abstaining. Mr. James requested that Council adjourn into an Executive Session, to review land contracts received earlier in the day in connection with the Shopping Center. Councilman Miller stated he had a few things to discuss, before adjourning. Regarding a memo from Upper Eagle Valley informing Council of the end of chemical weed treatments in the lake, Councilman Miller felt the press that was present should be asked to make the public aware that the lake is again open and safe for recreational activities. Councilman Miller complemented Larry Brooks and his staff on the fine landscaping work that has been done around town, stating that things look better than they ever have. Councilwoman Davis agreed. -7- Councilman Connell updated Council on the status of the Television Translator System project. He stated a meeting was held on Monday, with a Vail Town Council member, the Mayor of Eagle, Art Kittay, and himself in attendance. He stated that a consulting engineer who was invited to attend has offered the tentative opinion that the system seems very feasible. The cost of a complete, county-wide feasibility/cost study would be somewhere around $15,000 or $20,000. Councilman Connell stated the committee agreed the project would be best handled by Eagle County and proposed that Avon's attorney, with Council approval, write a letter to the County Commissioners asking them to assist or take over the project. Councilman Connell asked Council for direction, and for permission to have Avon's attorney draft the letter. Discussion followed. Councilman Miller asked if the attorney's involvement would be a one-time situation, or would he then have a continuing involvement with the committee. Councilman Connell stated it would not be a continuing relationship. Councilman Miller felt Council should continue its support, and should allow the attorney to write the letter. After further discussion, Council agreed. As there was no further business to come before the Council, Councilman Miller moved to adjourn. Councilman Connell seconded the motion. Councilman Watkins asked why the contracts needed to be discussed in an Executive Session, and not during the public meeting. Mr. James stated that the land purchase contracts were between the developer and the land owners, and were sensitive in nature. He stated state statute specifically allows Executive Sessions in matters of land purchases. Councilman Watkins stated he would vote against an Executive Session. Councilman Miller moved to adjourn into an Executive Session. Councilwoman Davis seconded the motion. The motion carried by a 5 to 1 vote, with Councilman Watkins opposing. The Mayor adjourned the public meeting at 9:36 p.m. -8- ctfully Submitted: arbara k-. Joseph, DepW T*( Clerk APPROVED: • -9-