TC Minutes 05-12-19870 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD MAY 12, 1987 - 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 Pro Tem Steve Miller at
7:32 p.m. A roll call was taken with Emilie Harrison, Clint Watkins,
Gloria McRory and Al Connell present. Councilman Jerry Davis, and
Mayor Allan Nottingham were absent. Also present were Town Attorney
John Dunn, Town Manager Bill James, Director of Engineering/Community
Development Norm Wood, Director of Public Works/Parks and Recreation
Larry Brooks, as well as, members of the press and public.
The Mayor Pro Tem called for Citizen Input.
Pete Baca with Twin Lakes Adventures, approached the Council. Mr.
Baca was requesting approval from the Council to allow rental for
mountain bikes and four-4 passenger rafts to be used in the
Nottingham Park. He stated that the rafts would be used for and/or
pleasure and fishing. He stated that the Town would be given 150
of their intake for the use of the park space next to the log cabin.
He stated that bike racks would be installed and that the rafts could
either be boarded in the lake or chained to the bike racks at the
end of the day. He stated that most of the usage of the rafts
would be used in the morning and in the evening, because they were
anticipating the rafts would be used mostly for fishing.
There was discussion of the summer activities that would be occuring
during the summer months (windsurfing, paddle boats, fishing, etc.).
Mr. Brooks stated that Jim Comerford had hired a person to handle the
windsurfing this summer.
Councilman Watkins asked if both the boats and the bikes had to be used.
Mr. Baca indicated that both did not have to be used.
Councilman Watkins felt that it was not over crowded around the cabin
and the lake area, and felt it was a good move to have the rentals
available.
Mr. Brooks stated that he had two recommendations; 1) denial of Mr.
Baca's request because of over crowding; 2) to request other proposals
for this type of activity. He indicated that at the present time,
the public works crew and the recreation crew both work out of the
log cabin.
Mr. Baca stated that they would provide an employee to handle the
rentals. That employee would be stationed outside the cabin.
Councilman Watkins indicated that possibly town staff could handle the
rentals, since they already handle the rentals for windsurfing.
Mr. James stated that he had a concern with the town staff handling
that particular rental because of all prior work that the park crew
have.
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Mr. Baca stated that they would be willing not to rent their boats
and bikes during the Town of Avon's peak events.
Mr. Baca also indicated that they will have pick-up and delivery
service for the bikes.
Councilman Watkins moved approval of Mr.'Baca's request to rent
bikes by the cabin, and on the basis as outlined earlier in the
meeting,approve only on a temporary basis, the boat rentals; that
Mr. Baca report back to the Council in a month and a half to review
the situation to see if there are any problems of over crowding on
the lake with the boats, if there are problems, then Council would
request to discontinue the boat rentals; that bike racks would be
furnished, they would have their own staff to take care of the
rentals, and that Twin Lakes Adventures not rent their equipment during
Town of Avon's peak events. The motion was seconded by Councilman
Connell and was unanimously carried.
Mayor Pro Tem Miller stated that he would appreciate Mr. Baca taking
the time to review the equipment rentals program with Mr. Brooks,
and clarify some of the specifics, so that the program was comfortable
for Mr. Baca, the Town, the town staff, and the guests.
Mr. Baca agreed. Mayor Pro Tem Miller thanked Mr. Baca for his
presentation.
Ted Martin with U.S. Sports approached the Council.
Mr. Martin reviewed the Summer Triathlon with the Council. He stated
that the race date(July 12, 1987)was of concern because it would
conflict with another event in Lakewood, Colorado. He stated that this
event would fund itself through the race entries, and that the title
sponsor would also help fund the event. He stated that they have
the approval from the Department of Highways to do the bike race on
the Interstate. Mr. Martin was requesting that the Council approve
the use of the lake for swimming. He stated that there would be
an in-kind trade or some sort of fee for the use. The race date was
discussed. The date would possibly be August 8th or 9th of 1987.
He stated it would have to be scheduled sometime between July and
August because of the water temperature. The water temperature approaches
approximately 600 during those months.
Lengthy discussion followed.
Mr. Martin stated that he had spoken to Dave Mott of Upper Eagle Valley
Sanitation District, and Mr. Mott indicated that the lake would be
coming off line shortly, and that the water would not be used for
the Town's drinking water during the summer months, and that he did
not have a problem with people using the lake, but the Town had the
surface rights to the water.
Mr. Martin stated that.U.S. Sports would absorb the costs of town
staff for the event. He stated that they may need one staff person to
help with setting up the lake for the swimmers. Mayor Pro Tem Miller
felt that town staff had to be involved in all facets of the race,
and the expense could be substantial. Mr. Martin stated, an expense
that U.S. Sports would be willing to accept.
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Councilman Connell stated that if the Town rents the soccer field,
then there should be a fee for the use of the lake.
Mayor Pro Tem Miller stated that there were several recommendations;
1. A specific delination of Upper Eagle Valley of whether or not they
were agreeable to people swimming in the lake.
2. Review the possible costs of town staff so there would be some
figure for U.S. Sports to work with.
3. An appropriate date for the event.
Mr. James asked the Council; 1) did they want the event; and 2) did
the Town want to be reimbursed.for the cost. He suggested that they
would work with Ted Martin and work out all the other details.
It was requested that Mr. Martin present a full program and associated
cost for 1988 by August 1, 1987.
Mr. James stated that there would be only one supervisory person for
the event, and the others would be volunteer persons.
Councilwoman McRory moved approval to proceed with the Summer Triathlon
on a date that was agreeable to Larry Brooks, to assume all cost
responsibilities, that the Town would allow one town staff person to
assist, and that by August 1, 1987, Ted Martin submit a full program
and associated costs for the event for 1988. The motion was seconded
by Councilman Connell.
Mr. Martin requested that the date for the 1988 program be submitted
in September rather than August.
Councilwoman McRory amended her motion to change the date to September
1, 1987. Councilman Connell amended his second.
Mr. James suggested that the Council direct the staff to develop the
program by next Council meeting'and then return to Council for
approval. It would include estimated costs, final date, and the
Summer Triathlon proposal for Council approval at the next regular
meeting of May 26, 1987.
Mayor Pro Tem Miller called for a vote on the motion of Councilwoman
McRory. The Council denied the motion unanimously.
Councilman Watkins moved approval of Mr. James's recommendation as
stated above. The motion was seoonded by Councilwoman McRory and
was unanimously carried.
There being no further Citizen Input, the Mayor Pro Tem Miller closed
the discussion.
Second reading of Ordinance No. 87-11, Series of 1987, AN ORDINANCE
CONCERNING TOWN OF AVON, ,COLORADO, THE TOWN CENTER MALL IMPROVEMENT
DISTRICT; CONFIRMING A NEW ASSESSMENT ROLL TO INCLUDE WITHIN SAID
DISTRICT A CERTAIN TRACT OMITTED THEREFROM; ASSESSING THE COSTS OF THE
MALL AND PARK IMPROVEMENTS THEREIN AGAINST SAID OMITTED TRACT; AND
PROVIDING OTHER DETAILS IN CONNECTION THEREWITH.
Councilman Watkins moved approval of Ordinance No. 87-11, Series of
1987 on second reading. The motion was seconded by Councilwoman
McRory.
The Mayor Pro Tem Miller opened the meeting for public hearing.
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Jim Lindsey, consultant with Western Gulf Savings and Loan Association,
and representing the owners of the Avon Center property, including
floors 1 and 2 of commercial space, and tracts B and C of the vacant
land, approached the Council.
Mr. Lindsey discussed the value added by the Town Mall area to the
project. He gave a brief history of his background which, he stated,
qualified him to speak on the value of the property.
He stated that the supposed value of floors 1 and 2 of the Avon Center
commercial space and the vacant land at that time was valued at
twelve million dollars. The approximate $400,000 at that time
represented approximately 4% of the value of the project.
He stated that the current appraisal, which he presented to the Council,
was in the amount of three million dollars. The current assessment
of $414,130.02, therefore, represents approximately 12% of the
value of the project. He stated that this was three times the
relationship of the assessment at the prior time. He stated that
the original concept for Avon by the developer, and not by the
current owners, was to have a four phase project, a lot of retail, a lot
of residential, and a large mountain resort. He stated there was also
a development of the Peregrine Building, which was similar to Avon
Center. He stated that the concept no longer exists. It is not
feasible for anyone to come in and complete phase two, three, and
four of the Avon Center. He stated that the Peregrine Building is not
a viable entity, and the fact that it sets empty, it does take away
from the value of the mall to any project, because of the decline in
the area. He stated that the future phases would not likely be anywhere
close to the original concept of a major business center, it would
be more likely be some retail, and some residential, but nowhere on
the scale of the past.
He stated, therefore, the facts of the original assessment were no
longer the facts of the current assessment, so then, the value added
by the mall assessment was no longer the same.
He stated the customers that the retail portion of Avon Center need,
and have gotten, come mostly from the vehicular traffic on Avon
Road, and West Beaver Creek Boulevard. They do not come from people
coming off of the Pedestrian Mall. He stated it probably provides some
amenity package';for the employees of these offices, but it would be
limited.
He stated that a portion of the assessment, according to the Engineer's
Report, includes accrued interest against the Bond on the unpaid
$342,000 of principal remaining. He stated that that obligation
was that of the developer that accepted the obligation prior to the
present owners foreclosing and taking possession of the property.
He stated that it would be very difficult to defend that accrued
interest as a value added to this project for a time period in which,
technically, because of loosing the prior court case, that the Town
does not have an assessment. Mr. Lindsey stated that the town mall
benefits the Town of Avon much greater than.it benefits the Avon Center.
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Therefore, Avon Center is required, along with the other mall property
owners who are billed accordingly, but in Avon Center's case, is a
portion of 50.2% of the cost of the mall area, improvements and land, and
felt they were not receiving 50.2% of the value, that the Town of
Avon was receiving substantially more value because of the benefit to
its citizens at large.
Mr. Lindsey stated that the area of compromise for them, and least
costly to the Town, was in the area of when payments were made.
Mr. Lindsey was proposing, as a possible compromise offer, that-they
make some portion of the payment of the assessment at the time it
became final, and the balance of that assessment be deferred until the
property was sold, and would be paid from proceeds from the sale of
the property.
Mr. Lindsey stated that they would be going against the title company for
any amount of assessment that would become final against Western
Gulf Savings. He stated that this was the final protest.
Mr. Lindsey stated that the payment would be split 50-50 of the total
amount of the assessment. He stated because of the nature of the
market place, and the nature of real estate, he could not put a time
limit on when payments would be made.
Councilwoman Harrison had a concern of the possibility of the property
setting a long period of time and would become unsaleable. Mr.
Lindsey stated it was a possibility, but the probability was that
architects and engineers have already been engaged to fulfill a plan
of development to complete the construction of Avon Center. They intend
to put in adequate parking to meet the needs of the project, to finish
off some incomplete construction, to create a better entry to the
project. He stated that this would be completed by the end of summer.
Mr. Lindsey stated that they would be engaging a leasing firm once the
plans were completed. He stated that he would be in the area every
week overseeing the construction of the project.
Mr. Lindsey stated that the physical change of the building would be
a cost run of approximately $350,000.
The Town Attorney and the Town Manager recommended that the ordinance
be tabled until they could talk to Bond Counsel and to Western Gulf
Savings.
Mr. Lindsey stated that the project was owned by four lenders, led by
Western Gulf Savings and Loan Association.
Councilman Watkins moved to table ordinance No. 87-11, Series of 1987
until the next regular meeting. The motion was seconded by Councilman
Connell and was unanimously carried.
First reading of Ordinance No. 87-13, Series of 1987, AN ORDINANCE
TO AMEND ORDINANCE NO. 87-8, SERIES OF 1987, WITH RESPECT TO A CERTAIN
INTEREST RATE.PROVISIONS OF THE TOWN'S GENERAL OBLIGATION BONDS, SERIES
OF 1987.
Councilman Connell moved approval of Ordinance No. 87-13, Series of
1987 on first reading. The motion was seconded by Councilman Watkins.
The Town Manager stated that after Boettcher and Company had gone to
the Market Place, they found that the last three years of interest rates
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on the Bonds for the shopping center parking were lower than what
Boettcher and Company had estimated. This was the reason for the
amendment to the Bond Ordinance. There was a savings of $20,000.
It was requested that Ordinance No. 87-12, be changed to No. 87-13,
so that it would coincide with the ordinance number that was published
in the Vail Trail.
Councilman Connell amended his motion to change Ordinance No. 87-12
to 87-13. Councilman Watkins amended his second.
Those Councilmembers voting aye were: Emilie Harrison, Clint Watkins,
Gloria McRory and Al Connell. There were no nay votes. The motion
was unanimously carried.
The Town Manager stated that the Maintenance Agreement for Tract A
for the shopping center parking would be presented to the Council
at the May 26th Council Meeting.
Resolution No. 87-11, Series of 1987, A RESOLUTION GRANTING A SPECIAL
REVIEW USE TO ALLOW AUTOMOTIVE REPAIR IN THE 1200 SQUARE FOOT FORMER
ARCHERY RANGE OF THE BLUE STEEL GUN SHOP ON LOT 23, BLOCK 1, BENCHMARK
AT BEAVER CREEK.
Norm Wood stated that Jerry Vekre of Jerry's Auto Repair Shop had
applied for a Special Review Use approval to allow auto repair to be
located in the former Archery Range of the Blue Steel Gun Shop in the
Wolff Warehouse on Lot 23, Block 1, Benchmark at Beaver Creek.
He stated that the Planning and Zoning Commission held a public hearing
and at the conclusion of that hearing, recommended Council approval
subject to:
1. The applicant may not perform any repair work on-site outside
of the building;
2. No disabled vehicles or parts will be left outside the
building overnight;
3. The space being used for the auto repair shall meet applicable
Building and Fire Department Codes.
After some discussion of concern of possibly having disabled vehicles
and parts left outside the building, the Council requested that in
condition #2, that the word,"overnight", be deleted on page 1 and page 2
of the resolution.
Jerry Vekre of Jerry's Auto Repair Shop approached the Council. He
stated that there would be only three cars parked outside at one time,
and that the stall inside the shop could hold three to four cars at one
time. He stated that disabled vehicles would be left inside.
He stated that the maximum amount of cars would be seven at one time.
He would handle front end work on cars, but no body work would be done
at that location.
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Mr. Wood stated that this zone district does allow this type of
operation.
After discussion, Councilman Watkins moved approval of Resolution No.
87-11 with the provision that the word,"overnight", be deleted after
paragraph five, in subsection 2. The motion was seconded by Councilman
Connell and was unanimously carried.
Resolution No. 87-12, Series of 1987, A RESOLUTION IN APPRECIATION OF
JEFFREY MADDOX SERVICES TO THE TOWN OF AVON
Councilman Watkins read the resolution in its entirety.
Councilman Connell moved approval of Resolution No. 87-12 as presented.
The motion was seconded by Councilwoman McRory and was unanimously
carried.
The Town Attorney report was next on the agenda. Mr. Dunn stated that
the Argument of McAdams/Wilson Appeal was set for June 15, 1987.
As far as the PPL Litigation, a copy of the Stipulation was given to the
Council for their review. He stated that it allow the Town to proceed
to Trial on a new schedule. Trial would begin on August 10, 1987.
He stated that Magnet Bank had cut a deal with PPL. If PPL did not
have the project worked out by August 1, 1987, they would give the Deed
to Magnet Bank in lieu of Foreclosure. He stated that he felt very
skeptical of this deal.
The 1041 hearings were discussed. It was agreed that a resolution
would be drafted after the hearings, to show the opposition by the
Town of the Homestake II 1041 permit.
The softball fields were then discussed.
The Town Manager stated that the progress to date was that a few more
things had to be completed before the field was ready by June 27th.
1. Install a new drain line.
2. To move homeplate out at approximately 10 feet.
3. To recut the infield to match the new diamond location, and
to do some light grading.
4. To install a chain link fence parallel to first and third base lines
from the existing back stop.
5. To coordinate the parking with Dave Mott.
He stated that their goal was to have the one field in shape for this
summer, and then to address other sites at a future date. Mr. James stated
that he was anticipating that the Town would not have to supply any funds
for this program at this time. He stated that they were requesting that
Avon Metropolitan District contribute their lottery proceeds to pay for
the drain line.
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Patricia Watkins reviewed the progress of the softball program with
the Council. She stated that she would like to return at the next
Council meeting to present their program for next year. She stated
they were looking at forming a girls softball team.
Councilman Watkins felt that the Town should look at some land over by
the Airport for one or two fields for future use.
No action was taken.
Next on the agenda was discussion of contracting out Bus Service for Avon.
Mr. James requested that a work shop be scheduled for next Tuesday,
May 19, 1987 at 11:30 a.m. to discuss Bus Operation, to see what
direction the Town should take.
He stated that the next regular work shop, the County Commissioners
would be present to discuss Strategic Planning. He stated that if time
allowed, the Council would review the recommendations of the previous
Councilmembers for Strategic goals. Their meeting would be held May
22nd, 1987.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved to receive items #1 through #10. The motion
was seconded by Councilman Connell and was unanimously carried.
Councilman Connell moved approval of the General Fund of Accounts
Payable for May 12, 1987. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation.Sheet of
Accounts Payable for May 12, 1987. The motion was seconded by Councilman
Watkins and was unanimously carried.
The minutes of the April 28, 1987 Council Meeting were next presented to
the Council. Councilman Connell moved approval of the April 28th, 1987
minutes with corrections. The motion was seconded by Councilwoman
McRory and was unanimously carried.
The new Christie Lodge signage was approved by the Planning and Zoning
Commission six months ago.
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The 4th of July Event was discussed. Minturn, Colorado would be involved
in the Avon's 4th of July Celebration this year.
The Western Colorado Television Committee has scheduled a committee
meeting between May 27-28, 1987 at Montrose, Colorado. Councilman Al
Connell and Planning Consultant Jim Lamont would be attending.
The Town Manager stated that officer Jim Perez has resigned. He will
be working for Lee Wilson at Minturn, Colorado.
There being no further business to come before the Council, Councilwoman
Harrison moved to adjourn. The motion was seconded by Councilman
Watkins. The meeting was adjourned by Mayor Pro Tem Miller at 9:36 p.m.
SPECTFULLY SUBMITTED:
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P4tricia J. Dgkle; Torn CYer
APPROVED: