TC Minutes 08-14-1984•
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD AUGUST 14, 1984 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon 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
7:52 p.m. A roll call was taken with Clint Watkins, Steve
Miller, Sheila Davis, Al Connell, and Don Buick present. A.J.
Wells was absent. Also present were Town Attorney John Dunn,
Town Manager Bill James, Building Administrator Dan Fogland,
Planning Director Jim Lamont, Town Engineer Norm Wood, Superin-
tendent of Public Works Dan Sunday, Chief of Police Joe Olson,
as well as members of the press and public.
The Mayor called for Citizen Input. Mr. Bob Henderson was not
present in regard to the White Buffalo American Indians and,
therefore, was cancelled from the agenda. There being no one
else to be heard, the Mayor closed the discussion.
Mr. Rod Brown, representing Colorado Resort Property, approached
the Council. Mr. Brown was present to give the Council a status
report of his project. Mr. Brown presented a conceptual model
for Council's review. He stated that Colorado Resort Company
has not negotiated a land contract as yet. He stated that they
are moving ahead with the project. Mr. Brown stated that they
have a new partner known as ORR Construction, and also have a
bank lined up to give them a letter of credit for the company.
Mr. Brown stated that he had hoped to be back to the Council the
end of August to schedule the hearings and to get the Industrial
Development Bonds (IDB's) sold. He stated that the project
would consist of 150 units (with IDB's, that is all that is
allowable), but the project could be expandable. There would be
amenities, such as tennis, swimming, fishing, a club, etc.
After discussion, the Mayor thanked Air. Brown for his report.
Larry Goad approached the Council. He stated he wanted the
Council to be aware that, at this point, there had been no
change since January, 1984, as far as negotiation of a contract
to purchase the property for that site.
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It was noted by the Town Manager that a tax law was signed July
19, 1984, that would concern the Industrial Development Bonds.
The cap would technically apply to all bonds issued after
December 31, 1983, but an exemption from the 1984 cap would be
provided for projects if an Inducement Resolution was adopted
before June 19, 1984, and the bonds are issued before the end of
the year.
Clint Watkins, representing Prime Time Properties, approached
the Council. He presented his status report of the project to
the Council. Be it noted that Al Connell stepped down due to
conflict of interest. Mr. Watkins was requesting an extension
of time for complying with the requirements of the Inducement
Resolution. He stated that Prime Time Properties had hired
Western Land Exchange to do their exchange. He stated that, at
this point, the progress was in low gear pending the completion
on the Peter's exchanges south of Wildwood. After discussion,
Don Buick moved to extend the time to the end of the year. The
motion was seconded by Sheila Davis. The motion was carried,
with Al Connell abstaining. Don Buick stated that, in regard to
the Colorado Resort Company's extension of time, it would be
reveiwed and Council could extend the time at the next Council
meeting, if needed. Mr. Brown need not be present.
Resolution No. 84-30, Series of 1984, A RESOLUTION GRANTING A
SPECIAL REVIEW USE FOR A REDUCTION IN PARKING REQUIREMENTS FOR
CHRISTIE LODGE, LOT 25, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION.
Dennis Cole, on behalf of both Christie Lodge Owners
Association, Inc. and CJ Enterprises, approached the Council.
Mr. Rick Cuny, of CJ Enterprises, was also present. This matter
was before the Council at the July 24th meeting. Neither Mr.
Cole nor Mr. Cuny were at that meeting. Mr. Cole wrote a
letter, dated August 6, 1984, requesting that this matter be
brought back to the Council for reconsideration. Mr. Cole
stated that, on behalf of the Christie Lodge Owners Association,
which is the owner of all of the common elements of the Christie
Lodge including the parking, they were requesting a 15% parking
reduction. Mr. Cole stated that they wanted to bring the
parking requirements of the Christie Lodge under the terms of
the existing parking ordinance and utilize the 15% reduction in
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parking for large lots. Based upon the calculations set forth
in the staff report, that would result in an excess of 41
parking spaces. If that were permitted, they then proposed, in
conjunction with CJ Enterprises, to lease to CJ Enterprises
seven of those excess parking spaces which are located at the
rear of the Christie Lodge, approximately 250 feet from the Buck
Creek Plaza Building. These would be available for employee
parking in connection with space that is being refurbished at
the Plaza. Mr. Cole stated that the request was approved by the
Planning and Zoning Commission meeting, and was now before the
Council for reconsideration for approval.
Councilwoman Davis suggested that the resolution should state
the location of the seven parking spaces. Councilman Connell
stated that, after talking to several merchants of the Christie
Lodge, the merchants felt that they should have some say in
regard to the proposed parking reduction. Mr. Cole stated that
they are owners and do have a say or vote, and are members of
the Association. He stated it would be handled by the Board of
Directors, but part of the motivation for this request was that
some of the owners have stated the reductions were needed,
because if one of the owners wanted to expand their store or
begin a new business, they would come up against the parking
requirements. Mr. Cole stated that currently, without the
reduction, Christie Lodge does not have any excess parking.
With the reduction, they would be able to show, subject to
approval, that parking would be available.
Lengthy discussion followed.
Rick Cuny approached the Council. He stated that, unless he
could secure some type of off-site long-term arrangement
convenient to the Plaza building, he would not be able to rent
his spaces in the Plaza. Dan Sunday was concerned about people
parking in the existing businesses' parking spaces. He wanted
to know what kind of guarantee there would be that the Buck
Creek Plaza employees would park in the rear of Christie Lodge.
Mr. Cuny stated that it would be stipulated in their leases and,
if they did not comply, their leases would be voided. Dennis
Cole stated that he would recommend that a motion be made from a
party that voted with the majority last meeting to reconsider
the Special Review Use.
Discussion followed.
Steve Miller moved to reconsider the approval of the Special
Review Use for Christie Lodge parking reduction. The motion was
seconded by Sheila Davis.
Discussion followed.
Mr. Cole stated they would consider a lower percentage of
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reduction, if need-be. Don Buick stated that 1) Mr. Cole notify
some of the other business owners of the parking reduction; 2)
to solve the concurrency of the lease with the occupancy of the
spaces; and 3) that Rick Cuny's lease specifies the parking
spaces.
Mr. Cole stated that the Board of Directors has the authority to
make the decision, but as a courtesy he could notify the owners.
As a policy, he would recommend not to do that.
Diccussion followed.
Sheila Davis amended her motion to come back in two weeks to
address the Buck Creek Plaza matter, to solve the concurrency
and notify some of the business owners, and to stipulate the
location of the seven spaces in the Town's resolution.
The Council moved unanimously to reconsider the approval of
Resolution #84-30 in two weeks.
Resolution No. 84-33, Series of 1984, A RESOLUTION GRANTING A
SPECIAL REVIEW USE FOR PLACEMENT OF PLAYGROUND EQUIPMENT AND USE
THEREOF BY JUNIOR VILLAGE DAY CARE CENTER ON A PORTION OF THE
AVON TOWN CENTER MALL, TRACT G, BLOCK 2, BENCHMARK AT BEAVER
CREEK SUBDIVISON.
Be it noted that Don Buick stepped down because of conflict of
interest. Dan Fogland, Building Administrator, approached the
Council. He stated that this was a request for a Special Review
Use for the Junior Village playground to use a portion of the
Mall, Tract G, Block 2, Benchmark Subdivision. He stated that
this was in regard to a few pieces of playground equipment on
the Mall area. Mr. Fogland stated that this S.R.U. has been
before the Planning and Zoning Commission and also before the
Town Center Mall Committee. The Commission approved the
request, subject to compliance with the suggestions regarding
liability, license agreement, removal of equipment, contracts
for a bond or guarantee for damage to the small area, and
removal of the playground equipment by November 1, 1984. Mr.
Fogland recommended that Council pass the Resolution, authorize
the Town Attorney to draft a lease agreement, and authorize the
Mayor to sign the lease agreement.
Discussion followed.
Steve Miller moved approval of Resolution No. 84-33, and to add
a paragraph 4 to the Resolution. The paragraph to read, " That
the applicant diligently pursue their original plan for
permanent quarters for the location for their Tot Lot.". The
motion was seconded by Sheila Davis and was carried, with Clint
Watkins voting "nay" and Don Buick abstaining. The Town
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Attorney stated that, in regard to preparing a lease agreement
for the Junior Village Center, he felt that the wording in the
resolution would be sufficient. It was suggested that the Town
Manager draft a letter to Junior Village and have the Attorney
review it.
The Town manager reported on the road repairs in Wildridge
Subdivision. He stated that there were a couple of roads of
concern. One was Bear Trap Road, the other was Saddle Ridge
Loop. He stated that a chip & seal would be done at an
approximate cost of $17,000. He stated that this could save the
Town between $60,000 and $80,000 next year. Mr. James stated
that he would request an additional $3,000 for possible
additional expenditures for the roads.
Discussion followed.
Don Buick moved approval of the authorization for the Town
Manager to proceed with the chip & seal coat on Bear Trap Road
and Saddle Ridge Loop, with the cost not to exceed $20,000. The
motion was seconded by Al Connell, and was unanimously carried.
Councilman Miller suggested that some ditch work needed to be
done because of the hard winter of last year and because of some
of the development that was being done in that area. He
suggested going back to some of the developers to help pay the
cost.
The next item was a report from the Planning and Zoning
Commission requesting that the Council exercise their discretion
and refer all preliminary plans for subdivisions to the Planning
and Zoning Commission for review, prior to taking any action
regarding the approval. The Commission further requested that
the Town's Subdivision Regulations be modified to specifically
include the review of all subdivision matters by the Commission
prior to action by the Council.
Don Buick so moved. The motion was seconded by Al Connell, and
was unanimously carried.
The Town Manager reviewed the Budget schedule with the Council.
He stated that he had hoped to have the final documents of the
budget before the Council by December 11th.
Councilman Connell suggested that all contributions be
determined before the final Budget process.
Discussion followed. No action was taken.
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The Cablevision service to Wildridge was discussed. The Town
Manager stated that Heritage Cable committed to serving Block #1
of Wildridge, which they have done. He stated that there would
be a report, in regard to Public Access Television, by the next
Council meeting.
The Financial Matters were next presented to the Council. Clint
Watkins moved to receive items #1 though #10. The motion was
seconded by Al Connell, and was unanimously carried.
Clint Watkins moved approval of the General Fund of Accounts
Payable of August 14, 1984. The motion was seconded by Sheila
Davis, and was unanimously carried.
Don Buick moved approval of the Transit Fund, Lift Fund, Capital
Projects Fund of Accounts Payable of August 14, 1984. The
motion was seconded by Al Connell, and was unanimously carried.
Don Buick moved approval of the Reconciliation Sheet of Accounts
Payable for the Capital Projects Fund of August 14, 1984. The
motion was seconded by Al Connell, and was unanimously carried.
It was stated that some of the dead trees would be replaced in
the Park and the Mall area.
Dave Walters, Democratic Candidate for the House #56, approached
the Council. He introduced himself, and presented the Council
with brochures of his background. The Mayor thanked Mr. Walters
for coming.
There being no further business to come before the Council,
Clint Watkins moved to adjourn. The motion was seconded by
Steve Hiller. The meeting was adjourned by Mayor Nottingham at
9:52 p.m.
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RESIYECTFULLY--\SUBa"TED :
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P-atricia V Doyle,
Town Clerk