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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 0 0 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, -2- 0 • 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 -3- E C~ 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 -4- 0 • 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 -5- 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 -6- 0 0 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 -7- 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 -8- 0 0 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 -9-