TC Minutes 11-25-19860 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD NOVEMBER 25, 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 7:30 p.m. A roll
call was taken with Emilie Harrison, Steve Miller, Clint Watkins,
Gloria McRory, Al Connell, and Jerry Davis present. Also present
were Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering/Community Development Norm Wood, Chief of Police Joe
Olson, and members of the press and public.
The Mayor called for Citizen Input. Due to an emergency, Kevin
Payne would be heard later in the meeting.
Mr. Dunn approached the Council to request authorization to employ
Special Counsel. He explained that one of his associates had been
issued a traffic ticket, in Avon, for running a stop sign. As it
was planned to exercise her options in Municipal Court, his firm
would be disqualified from prosecution duties.
Councilman Miller moved to authorize the Town to employ Special
Counsel to deal with the matter, at the same or similar fee.
Councilman Connell seconded the motion, and it carried unanimously.
The Mayor acknowledged the presence of representatives of Jacinto
City, Texas, city government at the meeting. They were visiting
Avon.
Second reading of Ordinance No. 86-23, Series of 1986, AN
ORDINANCE CONCERNED WITH AMENDING THE MUNICIPAL CODE OF THE TOWN
OF AVON AS IT RELATES TO FEES FOR KEEPING ANY DOG.
Mr. James stated the ordinance would change the amount charged for
the boarding of any dog, from $5.00 to $12.00
The Mayor opened the meeting for public hearing. There being no
public comment, the Mayor closed the hearing.
As there was no further disucssion, Councilman Watkins moved
approval of Ordinance No. 86-23, Series of 1986, on second
reading. Councilman Miller seconded the motion. Those
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Councilmembers voting "aye" were Emilie Harrison, Clint Watkins,
Jerry Davis, Gloria McRory, Steve Miller, and Al Connell. There
were no "nay" votes. The motion carried unanimously.
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.
Norm Wood stated that the Fire Code Ordinance before Council
outlined what was reviewed by the Avon Metropolitan District
Board, and represented what was adopted by that Board in the form
of a resolution. Also included in Council's packet were copies of
the sections of the Fire Code being modified.
Councilman Connell had a problem finding the differences in the
Code; he could not follow the section numbers because they were
not in sequence.
Councilman Miller stated the numbers refer to the ordinance, not
the Fire Code. He stated that this matter has taken almost a year
to finalize; the committees involved had done their job and had
come up with a feasible compromise. He felt it should be approved
without further delay.
There being no further discussion, Councilman Miller moved
approval of ordinance No. 86-22, Series of 1986, on first reading.
Councilwoman Harrison seconded the motion. Councilmembers voting
"aye" were Clint Watkins, Jerry Davis, Gloria McRory, Steve
Miller, and Emilie Harrison. Councilman Connell voted "nay". The
motion carried by a 5 to 1 vote.
First 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.
Chief Olson stated that the ordinance, basically house-keeping in
nature, was before Council because the current local ordinance
does not specify a time after which it is illegal to serve, nor
does it specify an age limit. He stated that this ordinance would
enable his officers to cite people into Avon's Municipal Court,
instead of County Court.
Councilman Davis stated he was not fully informed on the Liquor
Code. It was stated there was information on file that could be
reviewed.
Councilman Miller moved approval of Ordinance No. 86-24, Series of
1986, on first reading. Councilman Davis seconded the motion.
Councilmembers voting "aye" were Emilie Harrison, Steve Miller,
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Clint Watkins, Gloria McRory, Al Connell, and Jerry Davis. There
were no "nay" votes. The motion 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
SECTIONS 9.08.023 AND 9.08.027 AS IT PERTAINS TO MENACING AND
CRIMINAL INTIMIDATION AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.
Chief Olson stated this ordinance was another that was house-keep-
ing in nature, and was brought to his attention by a recent
incident in Avon. He and Attorney Allen Christensen felt an
ordinance was needed to address the use of intimidation or threats
to force someone to do something against their will, without the
use of actual bodily harm. This ordinance would cover such
occurances.
Councilwoman McRory felt the wording was very broad. The Council
had concern with the words, "assault" and "menacing".
After reviewing and discussing the proposed two sections,
Councilman Miller stated there was an assortment of questions that
should be answered, and recommended the ordinance be tabled until
Council was offered some clarification as to the interpretation of
the sections.
Councilman Watkins moved to table Ordinance No. 86-25, Series of
1986, and requested that alternatives to the wording of the two
sections be provided to Council. Councilwoman Harrison seconded
the motion, and it carried unanimously.
First 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.
Chief Olson stated that this, again, was in relation to a court
case. He stated that the Town's current ordinance does not make
it illegal to proceed through a railroad crossing when the signal
arms are lowered. This ordinance would correct that, and make
such action a ticketable offense.
Councilwoman Harrison moved approval of Ordinance No. 86-26,
Series of 1986, on first reading. Councilman Miller seconded the
motion. Those Councilmembers voting "aye" were Gloria McRory, Al
Connell, Jerry Davis, Emilie Harrison, Clint Watkins, and Steve
Miller. There were no "nay" votes. The motion carried
unanimously.
Resolution No. 86-27, Series of 1986, A RESOLUTION CANCELLING THE
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TOWN COUNCIL MEETING OF DECEMBER 23, 1986.
Councilman Miller moved approval of Resolution No. 86-27, Series
of 1986. Councilman Connell seconded the motion, and it carried
unanimously.
Next on the agenda was a request from the Roupp Group to extend
the recording date of their Final Plat, for the Yacht Club
Subdivision, to April 15, 1987.
After discussion, Councilman Miller moved to approve an extension
of the recording date for the Final Plat of the Yacht Club Subdi-
vision until April 15, 1987. Councilwoman McRory seconded the
motion, and it carried unanimously.
The next agenda item was the Nottingham Ranch/Stockyard Property
Annexation.
Norm Wood stated that Nottingham Ranch had submitted a Petition
for the annexation of a parcel of land known as the Stockyard.
The Petition was accompanied by an Annexation Agreement that
outlined certain conditions requested by the applicant with regard
to the zoning and the subdivision. Mr. Wood stated that two
properties were involved with the zone change and subdivision; the
Nottingham Station property, immediately east of the proposed
annexation area, had also been included in the Agreement.
He stated that the four-lot subdivision was shown in the
Agreement. Lot #1 was the most northwesterly corner of the
property; Lot #2 was immediately south, and was shown as a roadway
or private access easement back to what was designated as Lot #4
at the eastern portion of the property; Lot #3, then, was between
the proposed roadway and the Eagle River, and extended into the
center line of the Eagle River at the western end.
Mr. Wood stated that paragraph 2.3 of the agreement read, in part,
that the owner of the property shall have no obligation, at any
time, as part of the annexation or subdivision processes or other-
wise, to dedicate any roadways or other improvements to the Town.
He felt that the paragraph should be removed from the agreement.
Mr. Wood also felt that Lot #2 should be designated as a dedicated
public street right-of-way, and that the allowed uses for Lot #3
should be revised to public open space and drainage with
provisions for future dedication as riverfront park.
Mr. Wood recommended that the Annexation Petition be received,
that the applicant be requested to submit an Annexation Ordinance,
and that the Subdivision Sketch Plan and zoning request be
referred to the Planning and Zoning Commission for review and
recommendation.
Michael Blair, Land Planner representing the Nottingham Ranch
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Company, approached the Council. He stated that the Nottingham
Associates property was annexed into the Town approximately two
years ago, and was designated as SPA (Specially Planned Area) at
that time. He stated that rezoning of the Nottingham Associates
property would not be involved unless a land exchange was
involved. He stated there were no changes, except for
approximately 200 feet that would be added onto the Stockyard
property. In that case, if approved, the land would be zoned NC
(Neighborhood Commercial). Mr. Blair stated that the land owner
did not want to dedicate the property for road right-of-way at
this time, because of an agreement with the adjacent owner. The
owner would dedicate the roadway when the property was developed,
and at that time a replatting would be required.
Mr. Blair stated that the owners' basic purpose was to get their
properties separated, so they could develop and manage them
separately.
After lengthy discussion, Council requested that the following
changes be made to the Annexation Agreement: (1) delete paragraph
2.3 of the agreement; (2) designate Lot #2 as a dedicated, public
street right-of-way; (3) designate allowed uses for Lot #3 as
public open space and drainage, with provisions for future
dedication as riverfront park; (4) revise proposed zoning/land use
for Lot #4 to SPA, to conform with the current zoning designation;
and (5) designate the portion of Lot #1, located west of a line
between the eastern Avon Road right-of-way at the northern D & RGW
railroad right-of-way and the eastern intersection of the Hwy. 6
and Avon Road rights-of-way, as Avon Road right-of-way.
The applicants would return for approval at a later date.
The Riverview Apartments were discussed next.
Mr. James stated that he and the Mayor had met with Fred Green
recently about the possibility of the Town taking over the
Riverview housing project, located off Highway 6 in an unincorpor-
ated area of Eagle County. He stated that the project contains 73
units. He further stated that Andy Norris, a partner in the
project, was present to address Council on the possibility that
the Town might create a housing authority to take over the
project. The new federal tax laws have put the future viability
of the project in doubt, unless a non-profit organization, such as
the Town, could become involved. Mr. James stated that, if
Council felt the idea worth pursuing after Mr. Norris' presenta-
tion, a more formal, detailed proposal would then be submitted.
Mr. Andy Norris approached the Council. He stated he was Managing
General Partner of a limited partnership called Riverview Associ-
ates. The other General Partner was Fred Green. Mr. Norris gave
some background on the project, stating it was the first HUD
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project built in Eagle County and it had been very successful. He
stated that these types of projects do not generate a profit, but
tax laws allowed the losses to be used as a tax break. This tax
break will be eliminated in 1987, under the new tax laws. The
problem was to avoid the loss of this kind of rent-subsidized,
low-income housing, which would be inevitable as owners tried to
make the projects turn a profit. He stated that the idea of
creating a housing authority to purchase the project belonged to
the Colorado Housing Finance Authority, the project's major lender.
This would enable an abatement of property taxes, and the issuance
of a non-recourse second mortgage that would be used to buy the
property. The reduction in property taxes would be sufficient to
cover the debt service on the second mortgage. Mr. Norris
summarized the proposal by stating that the Town of Avon would
acquire the project, the Colorado Housing Finance Authority would
provide the additional cash necessary to buy it from the existing
partnership, and the existing partnership would continue to
operate and manage it. At the end of the Housing Assistance
program, the Town could "put" it back to the original owners, or
the original owners could obtain an option to buy it back. He
stated that the Town would incur no administrative burden. The
proposal would keep the rent subsidies in place over the next
twelve to thirteen years.
Mr. Norris reviewed the government's rent subsidy program, the re-
quirements and restrictions it imposes, and the mortgage and rent
guarantees it offers.
Mr. Norris stated that the project would eventually be converted
into condominiums, to pay off the State's loan, if a solution was
not found.
Discussion followed.
Councilman Watkins felt there were a lot of questions to be
answered, but felt it was an idea worth considering.
Councilman Davis agreed, and stated that the Town's benefits from
the deal needed to be specified.
Further discussion followed.
The Mayor stated that the idea should be seriously looked at, and
felt that the Town would need to educate itself on housing
authorities and their structures.
Mr. Norris stated he could provide that information immediately,
if the interest was there.
The Mayor stated that, if Mr. Norris would provide the
information, the Town would take it under serious consideration.
Mr. James stated he would contact other cities that have formed
housing authorities for more information.
The results of a Van Schooneveld audit on Recreational Maintenance
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fees owed to the Town, from the Christie Lodge, was next on the
agenda. Mr. James stated the results indicate that the $10.00 fee
remains unpaid on some 4,000 time-share weeks, going back to 1984
or 1985, amounting to around $55,000. He stated this could result
in a transportation budget shortfall of around $40,000 that would
have to be covered out of the General Fund. Rather than have the
Town try to collect fees from 4,000 individual owners, the audit-
ing firm has suggested making collection and remittance of the tax
the responsibility of the Homeowners Association. If Council
agreed, the ordinance would have to be revised to reflect the
shift in responsibilities.
The Mayor felt the ordinance should be revised, as suggested.
Discussion followed.
Mr. James stated he and Mr. Dunn would research the alternatives,
and asked for authorization to bring an amended ordinance back to
Council for consideration at the next meeting.
Council agreed.
Mr. James stated that the Eagle County Recreation Task Force has
asked for funding for a County-wide recreational study. The study
would determine the type of recreational facilities needed in the
county, and would come up with a strategic plan. A number of
agencies have been asked for funds; Avon has been asked for
$2,500.
Mr. James felt it was a little premature to commit the funds; he
felt there was groundwork that should be completed, first.
Councilmen Connell and Miller felt the Town has contributed a lot
of money to a lot of studies, and has seen very little in return.
Councilman Davis was not ready to commit funds, but felt the Town
should cooperate where possible.
The Mayor agreed.
Brief discussion followed.
Mr. James suggested that a Special Meeting be scheduled, for
December 2nd, to review the status of the shopping center. He
stated that compliance with forthcoming deadlines should be
checked, and alternatives discussed.
He stated he would like to meet with Council after this meeting,
in Executive Session, to discuss the current status of financing
negotiations. He felt that some of the information was sensitive
in nature, and should be reviewed in an Executive Session.
He suggested setting the Special Meeting at 2:30 p.m., on December
2nd, immediately prior to a Liquor Authority Hearing scheduled for
the same day.
Councilman Connell moved to schedule a Special Meeting of the Town
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Council on December 2, 1986, at 2:30 p.m. Councilman Miller
seconded the motion, and it carried unanimously.
The Financial Matters were considered next.
Councilman Miller moved approval of the General Fund Accounts
Payable for November 25, 1986. Councilman Connell seconded the
motion.
Mr. James stated that the bill for car wash tokens, listed as
payable to Eagle River Fire, should have been shown as payable to
Eagle River Business Center.
The motion carried unanimously.
Councilman Miller moved approval of the Reconciliation of Accounts
Payable for November 25, 1986. Councilwoman Harrison seconded the
motion, and it carried unanimously.
The minutes of the outgoing Council's regular meeting of November
11, 1986, and the minutes of the newly-elected Council's regular
meeting of November 11, 1986, were presented for Council approval.
Councilman Connell moved approval of the minutes from both
meetings. Councilman Miller seconded the motion.
Councilman Watkins stated that the results of the vote for Mayor
Pro Tem should read N to 2", not "5 to 2", and pointed out that
Councilman Davis was not sworn in at the meeting, as indicated in
the minutes, but at a later date.
The minutes were unanimously approved, as corrected.
Kevin Payne, Executive Director of the Western Vail Valley Resort
Association, approached the Council. He stated that a Hometown
Monopoly Game had been created, that included the Avon area. He
presented the Mayor with a game, on behalf of the Resort
Association, and stated he had given copies of the game to the
Town Clerk for each Councilperson.
He then asked for, and received, Council's permission to show a
brief tape that would be used to market the Vintage Car Races.
He showed the tape, and stated he hoped to be before Council, at
the next meeting, to talk about a significant marketing program to
be undertaken with a national partner. He added that the Resort
Association would be selling the Monopoly games, and most of the
businesses represented on the game would be, also.
Councilman Watkins referred to the information from the Great Peace
March, regarding communities that were declaring themselves
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Nuclear Free Zones, in case Avon wanted to consider doing
something similar. It was agreed to discuss it at the next
meeting.
Councilman Davis referred to
Heritage Cablevision, regarding
had a problem with what the compa
to what they were charging in
company representative should be
to explain the differences.
Council agreed.
the informational letter from
the changes in their rates. He
ny was charging in Avon, compared
nearby counties, and felt that a
asked to attend the next meeting
There being no further business to come before the Council,
Councilman Miller moved to adjourn into Executive Session.
Councilwoman McRory seconded the motion, and it carried unanimous-
ly. Council adjourned into Executive Session at 9:35 p.m.
Respectfully Submitted;.
APPROVED:
/ s/ _ _
Pat icia J. D'yl , To n Clerk
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