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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, • 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 -2- 0 0 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 -3- 0 • 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 -4- 0 • 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. -5- i • 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. -6- 0 0 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. -7- 0 w 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. -8- esp ctfully Submit ed1: Patricia J Doyle, T n Clerk