Loading...
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. • • 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. -2- • • 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. -3- • 0 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. -4- • • 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 -5- 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. -6- 0 • 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. -7- 0 0 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. -8- 0 E 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: -9- P4tricia J. Dgkle; Torn CYer APPROVED: