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TC Minutes 03-14-1989i 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD MARCH 14, 1989 - 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 Allan Nottingham at 7:35 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Reggie O'Brien requested that he be cancelled from the agenda. The Eagle County Commissioners were next on the agenda. Commissioner Don Welch stated that the County's upcoming Bond Electio 21, 1989. There were three issues 1. Was a 6.14 Million Dollar Bond 2. Was a 1.12 Million Dollar Bond Expansion. 3. Was a 1.12 Million Dollar Bond at the Fairgrounds. he was before the Council to discuss z, which would be held on March that they needed to cover: Issue for the Administration Building. Issue for the Justice Center Issue for an Indoor Arena/Event Center The voter could vote for one, two or all three issues. Slides were then shown of the present facilities of Eagle County. Jim Mortar, area architect approached the Council. He spoke on the space needs and site analysis for the Justice Center and the Administration Building. He stated that the facility should be consolidated into one building so that the public does not have to go to seven different buildings to conduct their business. Also, that the building be an appropriate building for the employees to work, that the building meet simple State and Federal Regulations. He stated that the cost analysis for the Administration Building would be 6.14 Million Dollars. Jim Fritz, County Manager for Eagle County approached the Council. Mr. Fritz discussed the Justice Center Expansion. He stated that the County needed an additional Court Room which they now have only the. two Court Rooms. There were three Judges assigned to Eagle County on a full-time basis; two District Judges and one County Court Judge. He stated by only having the tw-o-.- Court Rooms it caused inefficiency and delays. • The Justice Center also needed a safe storage, and also space for the Probation Department. The cost analysis for the Justice Center Expansion was 1.12 Million Dollars. Mr. Fritz stated that the third Bond Issue was the Indoor arena/Event Center. The purpose of an Event Center was to provide an anchor building for the new fairgrounds, and to provide year-round use, and to provide an economic benefit to the region. It could be used for multiple sports events, trade shows, conventions, etc. The building would provide a 54,000 square foot inside arena to hold events. The cost analysis on this Event Center would be 1.12 Million Dollars. Stan Bernstein with Stan Bernstein and Associates, Inc. approached the Council. He discussed the details on the G.O. Bonds. Mr. Bernstein stated that in the event that either one or all three of these ballot questions were approved, the County would proceed in June of 1989 to sell the-General Obligation Bonds. He stated that the County has never issued General Obligation Bonds. He stated that because the County's Assessed Valuation was so large, the Bonds would be of high quality. He stated that the interest rate over the 20 year period would be about 7.50. He stated that the bonds would mature serially over a 20 year period, which meant that each year in the next 20 years, there would be some principle paid off as well as some interest. At the end of the 20 year period there would be no debt. He stated that there has not been any Bond Underwriter selected as yet. They would put the Bonds out for Public Sale, put them out for bid to all the local, Denver and National Firms. Don Welch discussed the Bond Repayment. He stated that; 1. The County expected to pay for 500 of the debt from their existing to County Sales Tax; 2. 50% from an increase of mill levy of 0.57 mills. He stated that a residence that had a market value of $100,000, that that .57 mills would relate in a tax increase of $9.12. The breakdown would be: 1. Administration Building - $6.72. 2. The Justice Center Expansion - $1.20. 3. The Indoor Arena/Event Center - $1.20. He stated that if the sales tax increases as it has, they expected to retire all of debt from that increase. The location of the new Administration Building would be constructed at the site of the current McDonald Building. Commissioner Welch stated that they may move that section of Broadway Street, with the permission of the Town of Eagle, with an option to straddle the building at the end of Broadway Street. The old building may house the Library, possibly the Forest Service and possibly the Town of Eagle may move their offices in there. -2- • 0 Councilman Davis mentioned that the County Commissioners and the Town Council, in the long term, should meet and discuss those items that were discussed in the past, to see how some of those problems could be resolved. Councilman Davis asked if a Feasibility Study had been done on the Indoor Arena/Event Center. County Manager Fritz stated that the time factor did not allow them to do a Feasibility Study. He stated that they had explored other facilities and generally those kind of buildings do not make money, but were built to provide a service for the community to bring money into the community. Councilman Davis asked what the cost would be to maintain the proposed facility, particularly if it were not used year-round. Commissioner Welch stated that in a ball-park figure of approximately $30,000 to $50,000 per year. He stated that there would be ways of reducing that amount by possibly shutting down the heat in the main area. He stated that youth organizations or, youth oriented groups, such as, 4-H, etc., would have free use. He stated he would not mind having organizations have free use of the facility, but would expect some in-kind work out of those organizations that would use the facility. He stated that they had not established any rules or regulations as yet. Councilman Stovall stated that he definitely supported the Administration Building. The location of the Indoor Arena/Event Center would be west of the current Fairgrounds. The County purchased 150 acres. If the Library were to move into the old building, there would have to be some renovation, such as, for the handicapped. Those funds would come out of the Library Fund. Councilman Davis commented that the new facilities of the County should not be paid out of the sales tax revenues. He stated that there was a mechanism by which those buildings be built and funded by other means. He stated that the sales tax revenues should be used for other recreational facilities. Also discussed was a future satellite office in the valley. Commissioner Welch stated that once the building was completed and the computer was organized and centralized, they would then be able to establish a satellite office up valley. County Manager Fritz stated that he had the Board's direction to study all the issues related to a satellite office and of what services would be legally provided and how most efficiently the County could provide those services. The Mayor thanked the gentlemen for their presentation. The Council ressessed at 8:25 p.m. and reconvened at 8:32 p.m. -3- • Jerry Meehan with the U.S. Department of Housing Urban Development approached the Council. Mr. Meehan stated that this was a new program and a new thought process. He stated that he has been working with the County Commissioners to try to come up with less expensive housing in the valley. He stated that he has gone to sixteen different communities to ask for the support in reducing the cost of housing. Mr. Meehan then proceeded to show slides of these communities that were supportive of the Affordable Housing Program. Mr. Meehan then requested that the Council send a letter to him stating their interest in such a program. He would then look at the Town's rules and regulations and then come back and give his opinions and recommendations. Councilman Davis moved to authorize Jerry Meehan to proceed and to work with Norm Wood to see if there were some areas that would make sense to reduce the building costs through the Town's regulations. The motion was seconded by Councilwoman Harrison and was unanimously carried. Second reading of Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 were next presented to the Council. Ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF TIME-SHARE UNITS; Ordinance No. 89-3, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAY- MENT OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS; Ordinance No. 89-4, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS. Mr. Dunn stated that Council had reviewed the re-draft of the proposed Agreements between the Town, Christie Lodge and Falcon Pointe. He stated that the first matter the Council would act upon would be to table Ordinances 89-2, 89-3 and 89-4, Series of 1989. Councilwoman Harrison moved to table Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 until the next Council Meeting. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilman Reynolds moved approval of the two proposed Agreements which had been distributed and discussed subject to final review by the Town Attorney. The motion was seconded by Councilman Davis and was unanimously carried. -4- • • Clint Watkins, resident of the Town of Avon approached the Council. He stated that he was skeptical whether or not Christie Lodge would live up to this Agreement based upon past Agreements and experiences. He stated he had a concern of the Town's Agreement not to impose any tax on time-share specifically. He stated that it looked like a long term problem. He stated that the Town may be getting something from a corporation that does not show any return. Councilman Davis stated that the Agreement does have a time factor of 12 years, so the Town was not locked in forever. He stated that when the Council looked at the overall nature of the matter, it was their desire to proceed. He stated that if Christie Lodge defaults, there were other remedies that the Council could use. First reading of Ordinance No. 89-6, Series of 1989, AN ORDINANCE AMENDING SECTION 9.08.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE DEFINITION OF LARCENY; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. Art Dalton, Police Chief approached the Council. He stated that this ordinance allowed the increase of Larceny charge from $200 to $300. Councilwoman McRory moved approval of Ordinance No. 89-6, Series of 1989 on first reading. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for discussion. There being no one wishing to be heard, the Mayor closed the discussion and entertained a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No. 89-5, Series of 1989, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON AS IT PERTAINS TO THE RIVERSIDE SUBDIVISION, A SPECIALLY PLANNED AREA. Also, Resolution No. 89-8, Series of 1989, A RESOLUTION APPROVING FINAL PLAT OF RIVERSIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that Golden Buff Enterprises had submitted two requests; 1. A Zone Change. 2. The Final Plat for the Subdivision. He stated that the proposed zone change was for a parcel of land approximately 9 1/2 acres which was located east of Avon Road, and between Highway #6 and the Eagle River. The project was divided into two different Zone Districts, The eastern portion of the property was currently zoned Neighborhood Commercial(NC), and was subdivided, Riverside Center. The Westerly portion of the property was zoned Specially Planned Area(SPA), and was divided into basically three different tracts through the zoning process, but not formalized through the subdivision process. The most westerly portion was designated as Lot 2 in the Zoning Ordinance and was assigned eight development rights, and the easterly portion which was the most developable portion of the property was zoned for 20 developable rights for residential and some -5- allowed commercial uses. The remainder of the property along the river was designated as Open Space. He stated that the requested zoning and subdivision combines the two properties into one. The requested zoning of a Specially Planned Area would allow development of 150 rooms or Accommodation Unit Hotel Lodge in conjunction with up to 5000 square feet of related Commercial. He stated that following a public hearing which was held by the Planning and Zoning Commission, they recommended approval of the proposed zone change. Mr. Wood recommended that the zone change and the final subdivision plat be considered, but as two separate actions. Councilwoman Harrison moved approval of Ordinance No. 89-5, Series of 1989 on second reading, a zone change for Riverside Project and, approval of Resolution No. 89-8, Series of 1989, the Final Subdivision Plat for the Riverside Project. The motion was seconded by Councilman Stovall. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. There being no further discussion, the Mayor entertained a roll call. Councilman Davis requested that each item be approved separately. Councilwoman Harrison amended her motion to include just the approval of Ordinance No. 89-5, Series of 1989 on second reading. The amended motion was seconded by Councilman Stovall and was unanimously carried. The Mayor once again called for a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Councilwoman Harrison moved approval of Resolution No. 89-8, Series of 1989, approving the Final Subdivision Plat for the Riverside Project. The motion was seconded by Councilwoman McRory and was unanimously carried. The Town Attorney report was next on the agenda. Mr. Dunn updated the Council on the Avon Mall Out-Lot. He stated that he wrote a letter to Don Buick, and also had a telephone conversation with Mr. Buick, at which time, Mr. Buick reminded him that he no longer was the Managing Partner of that partnership, that Mr. Nick Marsh became involved. Mr. Buick indicated that he had no authority to act on behalf of that partnership. Mr. Dunn asked that that conversation be put in writing, but as yet had not received anything from Mr. Buick. Mr. Dunn stated that it was his intention to locate Mr. Marsh and put the same demand on him; to execute the Deed and to reimburse the Town. He stated that he would keep the Council advised. -6- 0 • The Financial Matters were next presented to to the Council. Councilwoman Harrison moved to receive items #l through V. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for March 14, 1989. The motion was seconded by Councilman Davis and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for March 14, 1989. The motion was seconded by Councilman Davis and was unanimously carried. Councilwoman Harrison moved to table the minutes of the February 28th council meeting until the next meeting. The motion was seconded by Councilman Davis and was unanimously carried. Mr. James requested that Council meet next Tuesday, March 21, 1989 at 12:00 noon to discuss various items. The Council agreed. Mr. James stated the next regular meeting would March 28th. On April 4th the Council would go through all the proposals for the proposed Master Plan. The following week, April 11th would then be the Council's regular meeting. The Council agreed to meet every Tuesday. Councilman Davis reported on the Marketing Committee meetings and the TV Translator meetings. He stated that he found these meetings very informative and also there was good expertise coming out of the meetings. He suggested that the Avon Study Committee on the Marketing possibly be set sometime in May or June to start the study to see if it would be feasible to contribute to the Marketing Program. He stated that in regard to the TV Translator Project, they have proposed the Service Plan to the County Commissioners as of March 13, 1989. He stated that there was a time table by which there would be a public hearing, if the Plan was approved, it would then go to District Court for the setting of an election, possibly sometime in July. -7- 0 There being no further business to come before the Council, Councilwoman Harrison moved to adjourn. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 9:31 p.m. FULLY SUBMI APPROVED: -8- atricia J.(/Doyle, Town Cler