TC Minutes 02-26-19850 0
MINUTES OF THE REGULAR (SPECIAL) AVON TOWN COUNCIL MEETING
HELD FEBRUARY 26, 1985 - 4:00 P.M.
The regular meeting of the Avon Town Council, scheduled for 7:30
p.m., February 26, 1985, was rescheduled as a Special Meeting
beginning at 4:00 p.m., February 26, 1985, due to the American Ski
Classic Events.
This meeting 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 4:15
p.m. A roll call was taken with Steve Miller, Sheila Davis, A.J.
Wells, Al Connell, and Don Buick present. Clint Watkins was
absent. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Public Works Norm Wood, Building
Administrator Dan Fogland, Chief of Police Joe Olson, as well as
members of the press and public.
The Mayor called for Citizen Input.
There being no one wishing to be heard, the Mayor closed the
discussion.
First reading of Ordinance No. 85-1, Series of 1985, AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF $2,745,000 OF THE TOWN OF
AVON, COLORADO,- FLOATING/FIXED RATE INDUSTRIAL DEVELOPMENT
REFUNDING REVENUE BONDS (DILLON REAL ESTATE COMPANY) FOR THE
PERMANENT FINANCING OF COSTS OF A PROJECT WITHIN THE MEANING OF
THE COUNTY AND MUNICIPALITY REVENUE BOND ACT, AS AMENDED, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT
PERTAINING TO THE PROJECT, A TRUST INDENTURE SECURING THE PAYMENT
OF THE BONDS, A REFUNDING AGREEMENT RELATING TO SUCH BONDS AND THE
TOWN'S OUTSTANDING BONDS, A BOND PURCHASE AGREEMENT PERTAINING TO
THE SALE OF THE BONDS, AND SUCH OTHER DOCUMENTS AND INSTRUMENTS AS
ARE NECESSARY OR DESIRABLE IN CONNECTION WITH THE. ISSUANCE AND
SALE OF SUCH BONDS.
The Town Attorney stated that, in 1980, the Council approved the
issuance of Industrial Revenue Bonds for the construction of City
Market. The beneficiary of the issuance of the Bonds was Dillon
Real Estate Company, which actually owns the store. At that time,
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the store was leased to City Market. He stated that he was
approached by Bond Counsel for Dillon Real Estate Company and was
requested to ask Council to assist Dillon Real Estate Company in
refinancing those Bonds to secure a lower interest rate and to
retire the outstanding issue. He stated that the refunding issue
would be guaranteed by Kroeger Company, which now, in fact, owns
City Market. The Bonds would further be secured by a letter of
credit by the Bank of Nova Scotia, during the floating period of
the Bonds. He stated that, since this issue was approved prior to
Council's adoption of guidelines for the issuance of Industrial
Revenue Bonds, and before the imposition, by Council, of a 1/4 of
1% reimbursement charge for staff time, he had informed Dillon
Real Estate that the Council would expect to be reimbursed the 1/4
of 1%, which Dillon Real Estate has agreed to do. Also, Dillon
Real Estate had agreed to reimburse any expenses incurred in
connection with the Bond Issue, including Town Attorney's fees.
Mr. Dunn stated that the Town would have no exposure in connection
with this issue and, in as much as this issue was a Revenue Bond
Issue, the Town would not be pledging the general liability or
credit of the Town toward repayment of the Bonds. The Bonds would
be repayed solely from revenues derived from the lease.
The Town Attorney recommended that the ordinance be adopted on
first reading.
Sheila Davis moved approval of Ordinance No. 85-1, Series of 1985,
on first reading. The motion was seconded by Steve Miller. There
being no further discussion, a roll call was taken with Steve
Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voting
"aye". -There were no "nay" votes. The motion was unanimously
carried.
The Town Attorney stated that he saw no point in taking up
Council's time with presentations by Dillon Real Estate or by Bond
Counsel on this issue, unless Council desired to do so.
Council agreed that presentations were not necessary.
Next on the agenda was the presentation of the White Annexation.
First reading of Ordinance No. 85-2, Series of 1985, AN ORDINANCE
AMENDING THE ZONING MAP OF THE TOWN OF AVON; AND ZONING CERTAIN
PROPERTY RECENTLY ANNEXED THERETO. The Mayor stated that there
was a Petition accompanied by a Resolution, No. 85-9.
Terrill Knight approached the Council. He stated that this was
the first formal hearing on the annexation of the White and Eagle
River Townhouse Associates property. He stated that, based on
Council's suggestion, they were requesting SPA zoning for the
project. This zoning had been proposed earlier this month. Mr.
Knight requested that Council consider the first reading of the
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annexation ordinance of the White and Eagle River Townhouse
Associates property. He stated that the zoning matter would come
up later. Mr. Knight reviewed the history of the proposed
annexation with the Council.
Mr. Buff Arnold, architect, approached the Council.
Mr. Arnold stated that they were looking at the property as one
parcel. Basically, the parcel could be looked at as three major
areas: 1) the east portion, park, pedestrian and bike path along
the Eagle River; 2) the center portion, for which an approximate
100 room conference/hotel type facility with a bar and restaurant,
4,500 square feet of commercial space, and 4,500 square feet of
office space has been proposed; and 3) the west portion, for a
proposed small 4-plex.
The building was basically two stories from the highway side, with
a slope roof and a third story under the gable of the sloped roof,
with a higher portion in the center over the public lobby, entry,
and restaurant areas.
On the river side, it varies from three to five stories, as the
natural land forms terraces and steps to the river.
The Council reviewed the proposed draft plan of the project.
Mr. Wells asked, if the White Annexation was approved, would the
road also be annexed up to the railroad crossing?
Mr. Wood stated that Vail Associates (VA) may be opposed to that
annexation. If VA was opposed, it could be done by an election.
Mr. Knight stated that he had several meetings with VA, but was
unable to receive an agreement from them.
Mr. Wells asked if Mr. Knight had applied for Upper Eagle Valley
Sanitation District services.
Mr. Knight stated that they were not in the District as yet, and
have-not made any direct effort at this point. This was the same
for the Avon Metropolitan District, also. The Town Attorney
stated that he had reviewed the documents, and they appeared to be
in order. At that point, Sheila Davis moved approval of
.Resolution No. 85-9, Series of 1985. The motion was seconded by
A.J. Wells.
Discussion followed in regard to the project having utility
services.
The Town Attorney recommended that Mr. Knight receive some
indication from the sewer district, by way of a letter,
guaranteeing service, and that Mr. Knight have this letter by the
second reading of the ordinance.
After discussion, the motion approving the resolution was
unanimously carried.
The Mayor stated that the annexation ordinance should be
considered at this point.
The Town Attorney stated that the annexation must be done by
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ordinance, but the ordinance that was in
ordinance, not the annexation ordinance.
ordinance could not be found. Mr. Knigh-
matter until later in the meeting, so a
ordinance could be located.
The Mayor suggested that Council proceed
the packet was the zoning
A copy of the annexation
t suggested deferring this
copy of the annexation
with the agenda.
The Peregrine Village Condominiums - Preliminary and Final Plat,
Lot #63, Block #2, Benchmark at Beaver Creek, was next presented
to the Council. This was a public hearing.
Norm Wood stated that the Preliminary and Final Plat for the
Peregrine Village Condominiums had been referred to the Planning
and Zoning Commission. A public hearing was scheduled for today's
Council meeting. He stated that, at this time, he had not
received complete information and documents for the Preliminary
Plat. Mr. Wood stated that, at the Planning and Zoning Commission
meeting, the Commission recommended that the Council not act on
this item pending determination of compliance with open space
requirements on the site, and a determination of the actual number
of parking spaces that would be available on the site. Mr. Wood
stated that, since the public notices had been published and sent
out, his recommendation was that the public hearing be opened, and
then be continued until the March 12th Council meeting, at which
time the Plat should be referred back to the Planning and Zoning
Commission for resolution of the unanswered questions.
At this point, the Mayor opened the public hearing.
Don Buick moved to continue the public hearing of the Preliminary
and Final Plat of the Peregrine Village Condominiums until the
March 12, 1985, Council meeting. The motion was seconded by Al
Connell, and was unanimously carried.
Next on the agenda was the Preliminary and Final Plat for the
Lodge at Avon, Lots #57-60, Block #2, Benchmark at Beaver Creek.
This was a public hearing.
Norm Wood stated that this item was referred to the Planning and
Zoning Commission for review. A public hearing was scheduled for
today's Council meeting; public notices were sent out. Mr. Wood
stated that, at the Planning and Zoning Commission meeting, a
minor problem arose with the parking indicated on the Preliminary
Plat. He stated that, in order to insure required parking on the
site, the Planning and Zoning Commission, in conjunction with the
Town Attorney, felt that the parking should be re-designed and
should be contained on-site.
Mr. Wood recommended the same action as above, that the public
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hearing be opened and then continued until the March 12th Council
meeting, and that action on the Preliminary Plat be tabled pending
receipt of a revised parking plan, with adequate number of spaces
with on-site access, and correction of minor technical errors on
the Plat.
A.J. Wells so moved. The motion was seconded by Al Connell, and
was unanimously carried.
Resolution No. 85-8, Series of 1985, A RESOLUTION OF APPRECIATION
OF LAWRENCE C. KUMPOST FOR HIS SERVICES FOR THE TOWN OF AVON.
Al Connell read the resolution in its entirety.
Steve Miller moved approval of Resolution No. 85-8, Series of
1985. The motion was seconded by Don Buick, and was unanimously
carried.
The Town Attorney stated that the National Institute of Municipal
Law Officers (NIMLO) Conference would be held in Washington, D.C.
this year, at the end of April. He stated that the entire
conference would be devoted to Civil Rights Actions. He felt that
it would be valuable to the Town for him to attend this
conference. He stated that the expenses would be split, as they
were last year. He asked if the Council would support his
attendance. After discussion, Sheila Davis moved to allocate
money for half of the Town Attorney's expenses for attending the
NIMLO Conference, the allocation not to exceed $600. The motion
was seconded by Steve Miller, and was unanimously carried.
The Town Attorney stated that the Sunroad Group, Ltd., litigation
has been fully submitted. He stated that he did not know the time
element involved for a decision.
Mr. Dunn reported that he had conversation with Stan Damas, who is
representing Dick Blodgett. Mr. Dunn had asked Mr. Damas to
answer the interogatives which were submitted some time ago. Mr.
Damas informed Mr. Dunn that it would be taken care of. Mr. Dunn
stated that, if he had not received anything by the end of the
week, he would file a motion to compel answers to the
interogatives.
Mr. Dunn stated that the other case was the Wilson/McAdams
litigation. He stated that he has filed a motion to dismiss court
summary judgement on the basis of no appeal having been filed from
the decision of the Personnel Merit Commission. He stated that
they were waiting for a response.
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The Town Manager reported on the Recreation Program. He stated
that there were several areas of concern with regard to the
recreational program. Mr. James stated that, with all the events
that take place in the Town, organization can require 10 to 12
hours a day, two days straight. The larger events require
overtime before the event for preparation. He stated that, for
some of these events, outside involvement would be required to
make them successful. Mr. James stated that the two events he was
most concerned about were the Summer Solstice and the Fall Fling.
He stated, for example, that over the last two years, the number
of people participating in the Summer Solstice has been
decreasing, and he felt that a new look should be taken at this
event.
He felt that the private sector, or some other agency, should push
these events rather than the Town, then the Town could sit back
and provide support and other services that would be needed.
Another area of concern were the recreation programs themselves.
he stated that, last year, nine out of eleven scheduled field
trips were cancelled for lack of participation. He stated he
would expect this trend to continue until such time as a larger,
full-time population base exists in Avon. A third item relating
to this was that the Vail Recreation Department personnel had
indicated an interest in contracting with the Town of Avon to
manage and operate Avon's programs.
He stated that, after discussing this idea, it seemed feasible to
combine the efforts of both Towns. The combination of Avon and
Vail would give a larger population base to work with. Mr. James
felt that Avon should still be responsible for most of the Special
Events, and felt that a commitment for a shared title (e.g.:
Vail/Avon Recreation) on all printed material would be needed.
Mr. James stated that he had received a letter from Dan Sunday
(Mountain Man Triathlon) regarding the need for an Avon recreation
position. They felt that the Town should maintain a
Recreation/Special Events Coordinator.
A.J. Wells stated that the Town has to be involved in the Special
Events to make them work, until there is a larger population with
enough volunteers to take over.
Judy Lofland, Director of the Western Vail Valley Chamber of
Commerce, approached the Council. She stated that, whatever was
decided, her recommendation was to set the plan now and stick with
it for a period of three years, because it takes three years to
develop a program to where it becomes successful. It could then
be possible, at that time, for another entity to take over the
program.
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The Council agreed that all current programs should continue.
Pat Dodson, Vail Recreation Director, approached the Council. he
stated that his interest was in trying to save the taxpayers the
duplication of property, fields, equipment, program expertise,
etc. He felt that the combination of Avon and Vail, working
together, would be beneficial to both.
After discussion, Don Buick moved to direct the Town Manager to
present a draft of a proposed contract to the Council at the March
12th meeting. The motion was seconded by A.J. Wells, and was
unanimously carried. The Town Manager recommended that this be
for a trial period of one year.
A.J. Wells felt that a recreation coordinator should be hired to
attend all the meetings and to pull the events together.
The Town Manager reported on the ski racks on the Town's buses.
He stated that there was a meeting scheduled on Thursday,
with the State Department of Highways, to address this issue. An
update report would be presented to the Council at the March 12th
meeting.
The Town Manager stated that the Auditors were finished. The
Audit Report would be presented to Council at the March 12th
meeting.
At this point, Council referred back to the White Annexation
Ordinance. The Town Attorney recommended that this item be tabled
until the next regular meeting, being that the annexation
ordinance could not be located. He stated that both the
annexation and zoning ordinances could be read on first reading at
that time.
Steve Miller so moved. The motion was seconded by A.J. Wells, and
was unanimously carried.
The Financial Matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #8. The motion was
seconded by Don Buick, and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable of
February 26, 1985. The motion was seconded by Steve Miller, and
was unanimously carried.
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Sheila Davis moved approval of the Transit Fund Accounts Payable
of February 26, 1985. The motion was seconded by Don Buick, and
was unanimously carried.
Sheila Davis moved approval of the Reconciliation Sheet of
Accounts Payable for February 26, 1985. The motion was seconded
by A.J. Wells, and was unanimously carried.
The minutes of the February 12, 1985, Council meeting were next
presented to the Council.
Sheila Davis moved approval of the February 12th minutes. The
motion was seconded by Don Buick, and was unanimously carried.
The first quarter goals were presented to the Council. There
are the Sign Code, Master Plan, Capital Projects, Tract P
Agreements, and an Architect for Tract P.
The Town Manager stated than an Architect should be picked by the
committee, and a contract negotiated and signed by the 26th of
March.
The Council agreed to dedicate time to the Goal Statements in
their Work Sessions, and to start the sessions at 2:00 p.m.
There being no further business to come before the Council, Don
Buick moved to adjourn. The motion was seconded by Al Connell.
The meeting was adjourned by Mayor Nottingham at 5:45 p.m.
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esp ctfully Submit ed1:
Patricia J Doyle, T n Clerk