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TC Minutes 03-26-19910 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 26, 1991 - 7:30 P.M. The regular meeting of the Avon 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 Jerry Davis at 7:36 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach. Councilman David Garton was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Community Development Rick Pylman, Fire Chief Charlie Moore, Police Chief Art Dalton, Director of Municipal Services Larry Brooks, Public Relations Officer Teresa Albertson, Town Clerk Patricia J. Doyle, 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 cluos.ed- that l.pcart.ion of the agenda. Second reading of Ordinance No. 91-2, Series of 1991, AN ORDINANCE AMENDING CHAPTER 14.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO COMPLIANCE WITH PARKING RESTRICTIONS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Bill James stated it had been requested from a resident of Avon that on-street parking be allowed in the Eaglebend Subdivision. The Council established some guidelines that, upon the approval of the police chief, that on-street parking would be allowed not to exceed six hours. Also between the hours of 2:00 a.m. to 6:00 a.m., there would be no on-street parking. The purpose was to keep the streets clear of vehicles for emergency vehicles and snowplowing. The Mayor opened the meeting for public hearing. Chris Eckrem, resident of Eaglebend(3130 Eaglebend Drive) approached the Council. She asked that the Council read her letter and then she would answer any questions they may have. 0 Councilman Ptach asked if there was a width problem or access.;.prob)::em with emergency vehicles on those Eaglebend streets. It was stated that those streets were 30 feet wide. Chief Dalton stated that it would depend on where the vehicles were parked. Most of the streets were not designed for on-street'-parking. Ms. Eckrem stated that in Eaglebend, the people that park in the street would not be parking for any extended period of time. She stated that-obviously there would be more construction and then where would.. those,trucks and cars park.. Councilman Ptach agreed with her concerns, but the attempt was to allow the on-street parking somewhat flexible. As of date there was no provisions for-.,,on=street parking-in Avon. He stated that the Council now has put an ordinance in place that would allow on-street parking at reasonable times. Mr. Davis.stated that there was no on-street parking anywhere in the'. Town of-Avon: The issue was whether Coun'cil'would allow on-street parking on special occasions. Ms. Eckrem suggested that the property owner call for permission,to park instead of a written permission. She stated that the property owner could not,control their visitors. Councilwoman.-McRory asked if a registered letter could be sent.to all the property owners with the information. After some discussion, the Mayor closed the public hearing. Councilman Stovall felt it was not-as flexible as it could be, and felt Ms. Eckrem:had a valid concern. He stated that he would vote in favor of the ordinance because it was an attempt to allow a conduct which previously was not allowable and felt it was a workable ordinance. Councilman Ptach moved approval of Ordinance'No. 91-2; Series of 1991- - on second reading. The motion was seconded by Councilman Stovall. Those Councilmembers voting aye were Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Tom'Ptach. There were no nay votes. The motion was unanimously carried. Councilman Ptach directed Art Dalton and Charlie Moore to look into possibly one side on-street parking for that area, and to come back with a recommendation. Mr. James stated that Council should keep in mind the snowfall months. The Mayor suggested that staff look at the overall area of the Town for one side parking. :v -2- • • Second reading of Ordinance No. 91-3, Series of 1991, AN ORDINANCE CONCERNING A HOUSING REVENUE BOND OF THE TOWN OF AVON, COLORADO, (THE"TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE 'T'OWN'S HOUSING REVENUE BOND IN THE PRINCIPAL AMOUNT OF $1,460,000 FOR THE PURPOSES OF DEFRAYING THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF AFFORDABLE HOUSING WITHIN THE TOWN; PROVIDING DETAILS CONCERNING THE BOND, ITS FORM, ITS SALE, AND FUNDS RELATING THERETO; PROVIDING FOR THE ALLOCATION OF FUNDS TO PAY THE PRINCIPAL OF THE INTEREST ON THE BOND; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BOND; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Bill James stated that the ordinance would allow for construction financing for the construction of 17 housing units, which the Town plans on selling the units as affordable housing sometime in the early fall. The Council had reviewed the plans earlier in a work session. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. After some discussion, Councilman Ptach moved approval of Ordinance No. 91-3, Series of 1991 on second reading. The motion was seconded by Councilwoman McRory. The Mayor called for a roll call. Those Councilmembers voting aye were Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 91-4, Series of 1991, AN ORDINANCE AMENDING THE WILDRIDGE SPA PLAN BY AMENDING THE LAND USE DESIGNATION OF LOT 38, BLOCK 2, WILDRIDGE SUBDIVISION, FROM DUPLEX USE TO TWO SINGLE FAMILY LOTS. Rick Pylman stated that this duplex lot was located at 4057 Wildridge Road West. The owners have requested a SPA Amendment and Final Plat to split Lot 38 into two single family lots. The request had received sketch plan approval from the Planning and Zoning Commission and the Town Council in September of 1990. He stated that the Commission approved Resolution No. 91-2 (Planning and Zoning Commission Resoluti n) recommending to the Town Council approval of the SPA Amendment and Mino ion of Lot 38, Block 2, Wildridge Subdivision into two single family lots, adding the recommendation that the applicant consider any future access requirements from Lot 38A to Lot 38B. -3- • E Mr. Pylman stated that it was unknown of what type and sizes of houses would be built on those two lots. It would go through the normal procedures of the Planning and Zoning Commission. Councilman Reynolds stated that he did not want to discourage construction but, the Town needed specifications of proposed dwellings as far as size. It was stated that the two homes would be under 2000 square feet on those two lots. Mayor Davis stated that the building of single family homes in some cases, in Wildridge and on the valley floor were desirable, and going back to the SPA and PUD, the zoning issue, perhaps the Town could deal with it by a number of units instead of what was already there. The Mayor would like to see what was identified which lots could be possibly sub- divided. He stated that if Council was approached with more of these request's, they may want to look at the lot size or physical capabilities to accommodate these situations. He asked Mr. Pylman if there was a criteria that the Town could use in the meantime. 'Mr. Pylman indicated possibly using the lot size of 1500 square-feet.pe-r single family lot. Councilman Ptach stated to possibly look at the buildable area, and not lot size, possibly need to look at it on a lot by lot basis. Councilman Stovall asked why look at the revisions, if the Town was looking at it on a case by case basis: 1. What would keep an owner from building a single family dwelling, subdivide the lot, and sell if off for another single family lot. 2. There was no criteria which was very important. He stated that the Town needed some objective criteria. There were concerns of this isse, and needed to be addressed as part of the zoning process. Mr. Pylman stated that there was a letter of opposition to this zone change. The letter was from L.S. Merritt Bennett, owner of Lot 31, Block 2, Wildridge Subdivision. Mr. Pylman read the letter into the record. Councilman Reynolds moved approval of Ordinance No. 91-4, Series of 1991 on first reading. The motion was seconded by Councilwoman McRory. The Mayor called for a roll call. Those Councilmembers voting aye were Albert Reynolds, Mike Bennett, Gloria McRory,and Tom Ptach. Councilman -Stovall opposed. The motion carried by a 4 to 1 vote. Resolution No. 91-6, Series of 1991, ENVIRONMENTAL FUND, DETERMINING THE BE MADE FROM THE ENVIRONMENTAL FUND, THEREFOR. A RESOLUTION ESTABLISHING AN PURPOSES FOR WHICH EXPENDITURES MAY AND DEFINING THE SOURCE OF REVENUE -4- • • At the last meeting the Council approved the Agreement between the Town of Avon and +.he:Avon Metropolitan District to transfer the water operations from-Avon Metropolitan District over to.the Town of Avon. ~ Mr. James stated that the Metro District approved that Agreement as well on Friday, March 27, 1991. He stated that the Board did put a condition on approving the Agreement which was subject to receiving a letter from Bond Counsel. He stated that it had been forwarded to the Water Authority because'they too have to approve the Agreement 'as well. He stated that John Dunn'had sent the Authority a letter requesting them to take action in April. Mr. James stated that if there were access funds available' the Council agreed that there should be some restrictions on those funds. Mr. James reviewed those changes of the resolution with the Council. In 3-a, it was changed to read, "Acquisition of 'real property for--open space-:'for parks and recreation use". 3-c was deleted - it read as follows, "Purchase of capital assest on aay project in which the Town is involved". After some discussion the Council agreed that in 3-a, insert, "personal property", to that section. Councilwoman_.McRory asked at what point of time would the Town put the available'funds into the water rates. Mr. James stated it was determined annually during budget process. Councilwoman McRory moved approval of Resolution No. 91-6, Series of 1991 ..as amended. The motion died due to a lack of a second. Councilman Bennett moved approval of-Resolution.-No. 91-6, Series of 1991, as presented"w th the exception,of,one change..in,paragraph 3-a to be anmended_to.read, "Acquisition-of real and/or personal property for open space for parks and recreation use". The motion.was seconded.by Councilman Ptach.and was unanimously carried. The Recreation,..Special'Events Persorinel'Requirements was next presented to the Council. Mr.-James stated that with a number of special events that have been planned this year and activities in the park, he asked that the Council consider some re-organization and staffing for those two functions. ,He would like tp put more emphasis on special events. They would reduce the part-time personnel and add two full time personnel to the staff. There would be an additional cost of~$15,200 to the town budget for 1991 . Also, at the last meeting it was requested that staff come back to-.the Council with some information of the miniature golf course that was proposed to be..put in-this summer. It was proposed of doing nine holes-this year. The estimated personnel cost and expenses would be $2,550, and revenues of $6,720. Restoration and installation in the amount of $2,650. Mr. James stated that there was a letter from the Special Events Committee from the Vail Valley Marketing Board, which indicated that there possibly '-,could be another hommec• show scheduled sometime in the latter-part of May. There was also a letter from Jo-An Barnett requesting that the horse show be extended on Tract P and in the park and requested to utilize that area from August 3-13, 1991. -5- • E Councilman Bennett moved to direct the Town Manager to amend the 1991 Town of Avon Budget in the amount of $5,200 to hire two additional full time'employees. .The; resolution would be-before the Council at the next meeting. The motion was seconded by Councilinan.Reynolds and was unanimously carried. Mayor Davis suggested that in the future, horses would be limited to the, park when,other events.were taking place due to;.the,iimited space. He suggested that they,define wYat'the events were,.and when they would take place, in' the proper time frame. Next on the agenda was the discussion of Air Quality Control Program/ Woodburning/Dust Control. Mr. James stated that with further study by the staff of this issue, staff had narrowed the alternatives for Council'.s.consideration. l: The staff had recommended that the valley floor be restricted to Phase III stoves and natural gas fire places. 2." Since:38% of the problem was dust, staff recommended changing the sanding application from cinder to 3/8" granite chip and to purchase a street sweeper. The concern was the areas of Wildridge and Wildwood. Since the;two developments would have approximately 1600 units, there did not seem-to be.any long-term concern. The staff would continue to evaluate those-two areas. The staff recommended that all-existing fireplaces and woodburning stoves be grandfathered, and no mandatory conversions be required. Mayor Davis stated he would support those recommendations.. He suggested that if, the Town was to grandfather those fireplaces and woodburning stoves,-that 'the Town may want to consider a-pro-active stance and look at what the cost would be.to subsidize residents'.that would want to convert their present fireplaces to natural gas. Councilman Stovall felt that this option gave the Town a starting point. He suggested that the Town look into the possibly of offering some kind of incentive at the time property transferred ownership. There was a transfer tax collected and possibly the Town could offer some kind of rebate of,the property tax to help the new owner, convert a fireplace over to natural gas. He stated that Avon was somewhat different.than other towns because of the build-out. Avon had more alternatives and more options available to Avon. Councilman Ptach stated that he would like to see the option of some future development in.areas where restricted, to perhaps have woodburning fireplaces primarily in a hotel or condominium,'in the lobby area.; and allow them to have a one to one or two to one conversion basis. -6- 0 • Councilman Bennett suggested that there could be a set of rules for Wildridge and a set of rules for Wildwood. It was the consensus that changes needed to be done in the zoning ordinance. It was the consensus of the Council that a work session needed to be scheduled to further discuss and review this issue. Larry Brooks reviewed the Weed Control Problem in the Wildridge Subdivision with the Council. He suggested that they evaluate the extent of the problem this summer before a program was established. He then would return with the additional information. The Town Attorney's report was next presented to the Council. Mr. Dunn stated that he had filed a further Condemnation Petition to acquire an additional 6/10th's of an acre parcel from the Confluence at Beaver Creek. He stated that negotiations have been in progress with representatives of the owners to acquire that parcel, but those negotiations have been unproductive. A Hearing has been scheduled for Immediate Possession on April 22, 1991. Discussion followed on the alleged damage of the Confluence's water system. Mayor Davis stated that the Town had hired a Public Relations Officer, Teresa Albertson. She began her duties on March 18, 1991. The Mayor, Bill James and Rick Pylman met with Carson Reed from the Colorado Business Magazine in respect to Avon and its progress. The Mayor noted that April 1, 1991, Avon Road will be closed for construction of the Railroad Crossing Underpass. The Mayor reminded the Council that the Transportation Task Force meeting would be held Wednesday, March 27, 1991 at 8:30 a.m. He invited the Council to attend. A tour of the new Treatment Plant at the Eagle Mine was scheduled for Wednesday, March 27, 1991 at 2:00 p.m. at the site. -7- 0 • A Water Quantity/Quality meeting was scheduled for April 12, 1991 from 9:00 a.m. to 4:00 p.m. at the Beaver Creek Lodge. The County was not willing to enforce Avon's revised dog control ordinance, therefore Avon will enforce its own ordinance. It was the consensus of the Council that a meeting with John Garnsey should be scheduled to discuss the American Ski Classic and Avon's participation. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 and #2. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the General Fund of Accounts Payable for March 26, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for March 26, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the March 12, 1991 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. Under other business - Mr. James discussed the Grand-On-Avon project, and suggested that Avon participate in the project. He stated that he met with Dee Wisor and Peregrine Joint Venture on March 18th. They reviewed several options which the Town may be able to help with the project to get it completed. He stated that it was necessary to send a Letter of Intent to Jerry Butler(G.N.Butler Companies), which outlined the option to them that the Council was willing to consider; the consideration being to purchase 10,000 square feet of space located in the building. The Council had several certain conditions that they requested be inserted in the Letter of Intent. 1. The owner would sell to the Town the purchase of 10,000 square feet of space located in the building, specific location of which would be identified in the Agreement. The owner would take such action necessary to create a separate legal interest in the commerical space so that the -8- owner could deliver that Title of the commercial space to the Town free from all liens. 2. That the purchase price of the 10,000 square feet not exceed $1,000,000. 3. At the closing, they shall provide evidence to the Town that the owner has obtained financing in the amount sufficient to permit the owner to complete the building. 4. At closing the purchase price would be paid by the Town into escrow. The payment of the approximate $1,000,000 under the above terms and conditions would not be released until the final Certificate of Occupancy was issued. 5. Interest on the escrow account would be turned over to the Town of Avon. 6. That G.N. Butler Companies would have to complete tenant finish on 5,000 of the 10,000 square feet that the Town would purchase, and present to the Council, financing plans for tenant finish for the remaining 50,000 square feet for the Grand-On-Avon. 7. The anticipated uses of the 5,000 square feet would be for meeting space and convention type facility. The use of the remaining 5,000 square feet was unknown at this time. 8. The closing on the sale of the 10,000 square feet commercial space would be contingent upon the town's receipt of Owners-.Title of Insurance Commitment, insuring its interest in the 10,000 square feet of commercial space. 9. The ability for the Town to get tax exempt financing for the purchase of that space. (Mr. James stated that the property would not be generating a lot of revenue- in the first few years. The full value of those improvements would not be assessed for property tax purposes until 1993. Conditions under this section: a) Leave the Town receive $100,000 in property taxes when the building is completed in the amount that they would pay for property taxes, and from that amount substract from the $100,000 but, in no case should be less than $100,000. b) Guarantee payment to the Town of $75,000 or when 1/2 of the Town's debt service payment, whichever is larger. c) Taking approximately $150,000 out of the $1,000,000 proceeds and putting that into a different escrow account. No payment would be released as the $75,000 payments were received over a five year period. Mr. James stated that other concerns were: Common areas, what that cost would be, and also review approval of the Condominium Declarations. Mr. James stated that this Letter of Intent would include a Statement within the letter that both G.N. Butler Companies and the Town of Avon would proceed to negotiate a Purchase and Sale Agreement prior to the execution of that Agreement. The parties agree that there was no binding Agreement, but this was more or less the Town making its best efforts to purchase the 10,000 square feet of space. He stated that more information would be pulled together by the next meeting. -9- 0 0 Mayor Davis gave a brief history of the project. There being no further business to come before the Council, Councilman Reynolds move to adjourn. The motion was seconded by Councilman Bennett. The meeting was adjourned by Mayor Davis at 9:40 p.m. -10-