TC Minutes 11-14-1995MINUTES OF THE-REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 14, 1995 - 7:30 P.M.
A 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 Albert J. Reynolds at
7:30PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham,
and Judy Yoder present. Also present were Town Manager Bill
James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town
Engineer Norm Wood, Director of Municipal Services Larry Brooks,
Fire Chief Charlie Moore, Town Planner Karen Griffith, and
Director of Community'Development Mike Matzko, as well as members
of the press and public.
Citizen Input: V.A./U.S. Ski Team - Transportation Request (Liz
Huppert)
Mayor Reynolds announced that Liz Huppert would not be in
attendance this evening.
Citizen Input: Colorado West Mental Health (Ron Blake)
Mr. Ron Blake, director of Colorado West Mental Health Center,
requested Council's reconsideration of funding.
Councilor Fawcett motioned to provide the Colorado West Mental
Health with the sum of $2,500 for the calendar year 1996.
Councilor Nottingham seconded the motion. With Councilors
Benson, Carnes, Hines, and Yoder voting nay, the motion failed.
Ordinances:
First Reading of Ordinance No. 95-23, Series of 1995, AN
ORDINANCE ADOPTING BY REFERENCE THE 1995 EDITION OF THE "MODEL
TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR
VIOLATION THEREOF'
Town Manager Bill James noted the last traffic code adopted was
the 1977 version. This Ordinance will adopt the new 1995 version
of the traffic code. The 1995 Traffic Code is available in the
Town Clerk's _office~.
Councilor Nottingham motioned to approve, on -first reading,
Ordinance No., 95--23, Series :of _1995. Councildr;7Yoder seconded
the motion.
Police Chief Gary Thomas added there are some new laws,in the
1995 code that can be!charged' into municipal court rather than
going to county-, ,court,` such.' as seat belt and 'insurance
requirements`.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
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Ordinances:
First Reading of Ordinance No. 95-24, Series of 1995, AN
ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER
CREEK SUBDIVISION,.TO PUD,:FOR MULTI-FAMILY.RESIDENTIAL AND TIME
SHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Director of Community Development Mike Matzko informed this
Ordinance would rezone all of Lots 45 and 46." The applicant is
requesting the addition of 36 new time share units, which would
be in addition to the 58 time, share and a reduction in the
townhome units in the Lakeside Terrace Project.from.12-to 6.
There are three procedural elements to.this project; 1) rezoning,
2) design, and the 3) subdivision process, which would eliminate
the lot line between Lots'45 & 46, creating the new Lakeside
Subdivision. The Planning and Zoning Commission (P & Z) has
reviewed this conceptually, in a work session. If Council
approves this ordinance this evening, the applicant will go
before the P & Z on December 5th and return to Council on
December 12th. Staff recommends approval of this ordinance on
first reading. The applicants wish to get this completed before
the end of calendar year 1996. The public will be notified of
the P & Z's public hearings through the mailing process.
Matzko noted the town's current parking regulations call for 1
parking space per 600 square feet of time share unit. If you
take that strict interpretation, this project does not meet the
parking requirements. ,The applicant is proposing that the town's
parking plan is not realistic. Town Planner Karen Griffith
informed the applicant has existing 36 garage or underground
spaces, 84 surface spaces, and are looking for a total of 131
spaces when this would be built out. No additional underground
parking is proposed. Planner Griffith will be reviewing the
parking provisions for mixed use projects and with over 75
parking spaces they may qualify for a reduction by 15%. If that
provision applies, the applicant may meet the parking
requirements. Falcon Point currently has 58 units. With this
being a PUD, Council may vary the standard guidelines. Councilor
Nottingham stressed that the guidelines are "minimums".
Mr. Stewart Olson, architect, displayed a model and presented the
project. Mr. Olson informed Larry Ball is the developer and
Points of Colorado is the owner and manager of Falcon I and will
be of Falcon II. Ms. Holly Parker is an associate of Mr. Ball.
The applicant's proposal is to eliminate part of the old
recreation building, with the exception of the swimming pool, and
build 36 new time share units. This will be a five story
building, similar in scale to part I. Parking is still a
delicate issue. Parking presently is at 1.5 parking spaces per
unit. Parking proposed will be at 1.31 parking spaces per unit.
Mr. Olson noted underground parking is desirable and very
expensive. Mr. Olson estimated underground parking, if it is
heated and ventilated, to be around $10,000 per space. Ms.
Parker interjected $10,000 per space is a Denver price. Mr.
Olson added that if it is a removed structure, covered, than it
is a $10,000 deal. Ms. Parker stated Falcon I is approximately
55,000 square feet. There are 66 parking spaces and 58 units,
making the ratio just over 1.14. Falcon I very clearly does not
meet today's standards. Ms. Parker calculated there are 36 units
proposed, each approximately 1,040 square feet, needing 62
parking spaces. All 36 units are two bedroom units. Ms. Parker
noted occupancy is currently running around 60+% and expects to
be at 980. Average occupancy is 88t. Ms. Parker informed the
tunnel'will be removed and replaced by the proposed buildings.
The tunnel is partially underground, rising approximately 6' to
the main floor.- While the proposal is for 5-stories, you will
only see a little over 4 stories, because of the sloping ground.
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Ms. Parker stated she was required to get a 2/3 majority approval
from existing Falcon I owners to do this project, as the owners
are relinquishing some common ownership in the recreation
building to build the additional time share units. Ms. Parker
noted only four Falcon I owners, from several thousands, didn't
like the project.
Councilor Nottingham stated some views will be cut-off and asked
if Ms. Parker was offering owners of Falcon I an opportunity to
be first on line for Falcon II so that they get the better views,
and to encourage them to support Falcon II. Is that an incentive
to help them? Ms. Parker stated it was not viewed as an
incentive. It was viewed as an opportunity. These units will be
dramatically nicer. There is an active current program allowing
owners to upgrade from studios to one bedrooms, etc. Falcon I
owners are thought to be an opportunity when trying to sell
Falcon II. Ms. Parker added the greatest number of requests-are-
for the view down the valley and through the park, not the view
of Beaver Creek.
Councilor Nottingham thought the two bedroom units will garner
two cars per unit, because it is easier for families to share a
two bedroom unit. Councilor Nottingham mentioned the commercial
space at Christie Lodge and the many times you-drive around
looking for a,,parking space. Ms. Parker stated a person coming
to Subway doesn't want to park in the garage, where there are
always spaces for the residents of Christie. Ms. Parker said,
"we will-not ,have any commercial spaces on our property, they are
all residential spaces and that is where I perceive the greatest
perceived problem of parking when in fact there is lots of
parking, it's just not where people want it, if they are
supporting the commercial". Ms. Parker informed she did a
parking-.survey of Falcon Land a sister property that is owned in
Vail. Ms.•Parker used this survey as the basis to question the
Town's parking standards.
Councilor Hines asked if Exhibit A, as presented, has been
researched by P & Z. Matzko stated this has been presented to P
& Z, however, it could be amended before it is forwarded to P & Z
for final action.
Councilor Hines motioned to approve, on first reading, ordinance
No. 95-24, Series of 1995 and move that the Ordinance be referred
to the Planning & Zoning Commission for study and recommendation.
Councilor Benson seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Resolutions:
Resolution No. 95-48, Series of 1995, A RESOLUTION APPROVING AND
ACCEPTING.THE IMPROVEMENTS INSTALLED AND CONSTRUCTED, IN
ACCORDANCE WITH AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS
AGREEMENT FOR MOUNTAIN STAR SUBDIVISION AND ESTABLISHING WARRANTY
PERIOD AND RELATED SECURITY DEPOSIT FOR SAID IMPROVEMENTS
Town Manager James reminded that when Mountain Star subdivision
was initially approved, the developers deposited with the Town,
in escrow, an agreement for approximately $1 million. That
provided for payment of certain improvements and provided
security that those improvements would be made. There'is still a
list of-improvements that need to be made or corrected in
Mountain Star. The estimated amount of security deposit could be
reduced from $1 million to $100,000. This Resolution, if
approved, would establish the new escrow of $100,000.
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Councilor Nottingham-motioned to approve Resolution No. 95-48,
Series of 1995. Councilor Fawcett seconded the motion and the
motion carried unanimously.
Resolutions:
Resolution No. 95-49, Series of 1995, A RESOLUTION AMENDING THE
1995 BUDGET
Town Manager James stated the amendments to the 1995 budget are
as follows: Public Works Fund Revenues from $1,709,439 to
$1,717,177, Public Works Fund Expenditures from $5,753,595 to
$5.,701,101 and Public Works Fund Balance from $332,701 to
$392,933. General Fund, Debt Service Fund, and Wildridge Special
Assessments Fund all remain the same.
Councilor Yoder motioned to adopt Resolution No. 95-49, Series of
1995. Councilor Hines seconded the motion and the motion carried
unanimously.
Resolutions:
Resolution No. 95-50, Series of 1995, A RESOLUTION SETTING THE
MILL LEVY
Town Manager James announced the proposed 1995 mill levy for
General Obligation, Bonds and Interest would be 8.823 mills for a
total of $582,809 and for General Operating Expenses the mill
levy would be 11.456 mills for a total of $756,857. Town Manager
James added this represents a reduction of approximately 2 mills
from 1994, in the General Obligation, Bonds and Interest Fund.
Councilor Nottingham motioned to approve Resolution No. 95-50,
Series of 1995. Councilor Hines seconded the motion and the
motion carried unanimously.
Resolutions:
Resolution No. 95-51, Series of 1995, A RESOLUTION'ADOPTING THE
1996 BUDGET
Town Manager James announced the 1996 budget, to be adopted, is
as follows: General Fund Revenues = $11,130,538, Expenditures =
($10,841,700), Transfer to Public Works Fund = ($282,230),
Transfer to Debt Service Fund = ($479,318), Beginning Fund
Balance = $2,299,543, and Ending Fund Balance = $1,826,833;
Public Works Fund Revenues = $1,068,830, Expenditures =
($1,461,763), Beginning Fund Balance = $392,933, Reserve for
Capital Projects = 0, and Ending Fund Balance = 0; Debt Service
Fund.Revenues = $1,101,527, Expenditures ($1,101,527), Beginning
and Ending Fund Balance = $250,836; Wildridge Special Assessments
Fund Revenues = $105,131, Expenditures = ($114,760), Beginning
Fund Balance = $79,014, and Ending Fund Balance = $69,385.
Councilor Fawcett questioned the $75,000 for regional
transportation in the proposed budget. Town Manager suggested
tabling, under new business on the Agenda this evening, item D,
the transportation service agreements. Appropriate language
needs to be added to reflect that even though $75,000 has been
appropriated in 1996, it will be disbursed in quarterly
installments based upon the County meeting certain criteria to be
established by the Council, i.e. County management plan of the
regional system. Discussion followed on the regional
transportation participation.
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Councilor Nottingham asked what date does the budget have to be
adopted - what is the deadline?, Town Manager James answered by
December 31st. -
Councilor Nottingham suggested opening the"meeting for public
comment'on adopting the budget.
Discussion continued on the regional transportation
participation. Councilor Yoder felt •comfortable leaving the
$75,000 appropriation, with the intention',of not spending•,it all
and subject'to quarterly`-`review. Council concurred-with
Councilor-Yoder.
Mayor Reynolds asked for citizen comment.
Mr. Ted Vigil and Mr. Peter Freiden, representing Cub Scout Pack
231, ask Council to reconsider funding.
Councilor Nottingham motioned to support the Troop 231, Cub
Scouts with $1,000 donation. Councilor Fawcett seconded the
motion. The motion failed with Councilors Benson, Carnes,
Fawcett, Hines, and Yoder voting nay.
Councilor Yoder motioned•to adopt Resolution No. 95-51, Series of
1995. Councilor Benson seconded the motion.
Discussion followed on the $6,300 for the Vail Valley Exchange /
Sister City program.
Councilor Nottingham amended the motion to withdraw or withhold
the $6,300 for the Sister City until further exploration into_
what we are getting into. Councilor Hines seconded the motio.
The amendment carried with Councilor Fawcett opposed.
The motion carried unanimously.
Unfinished Business: Admin. Dept. / Council Photograph
Councilor Benson motioned that Council's photograph be a Gallery
Finish of 16 X 20. Councilor Nottingham seconded the motion.
The motion carried with Councilor Hines opposed.
Unfinished Business: Admin. Dept. / Christmas Party Contract
Council's consensus was to wait, for the night of the party, and
if a lot'of employees leave, then open Cassidy's up to the
public:
Councilor Yoder motioned to authorize the Mayor to sign the
contract with Cassidy's. Councilor Benson seconded the motion
and the motion carried unanimously.
Unfinished Business: Recreation Dept. / Gas Transportation
Services
Attorney Dunn informed that in paragraph 8, liabilities, there is
a mutual indemnification and this indemnification would waive
governmental immunity. Attorney Dunn recommended, if the
contract-is approved by council, that the language in the last
three lines of paragraph ;8 be deleted,.so•that paragraph 8 '
provides solely that-''!seller and buyer-assume full responsibility
for the operation and maintenance of'their'respective equipment
and facilities".
Councilor Yoder motioned to-authorize the Mayor to sign the
attached contracts with Public Service and H S ,Resources with the
following change, for H S Resources delete the'final three lines
under paragraph 8 regarding liabilities. Councilor Benson
seconded the motion and the motion carried unanimously.
Unfinished Business: Recreation Dept. / Fire Alarm Monitoring
Service
Councilor Benson motioned the Mayor sign the revised contract
with Basset Alarm for the monitoring of the fire alarm system at
the recreation center. Councilor Hines seconded the motion and
the motion carried unanimously.
Unfinished Business: Vail-Valley Foundation Contract / 1995
Chevy Trucks International Ski Festival & 1996 American Ski.
Classic
Town Manager James mentioned there should be a correction, on the
second page, the third item down, that the number 1 should be
changed to a 7.
Councilor Yoder motioned to authorize the Mayor to sign the Vail
Valley Foundation contract 1995 Chevy Truck Ski Festival and 1996
American Ski Classic subject to the change Bill mentioned.
Councilor Hines seconded the motion and the motion"carried with
Councilor Carnes opposed.
Unfinished Business: T.C.I,. Cablevision %,-Franchise Extension
Councilor Yoder motioned to authorize the Mayor to-sign the
T.C.I. Cablevi'sion-Franchise Extension to January.'9, 1996.
Councilor Benson seconded the motion and the motion carried
unanimously.'
New Business:- CME Agreement
Councilor Fawcett, motioned to authorize the Mayor to execute an
agreement for 30. days allowing CME to park on the Stolport
property and access it by the town road and requested John Dunn
draw up such a contract. Councilor Benson seconded the motion
and the motion carried with Councilors Hines and Yoder-opposed.
New Business: Conservation Trust Fund'Recertification Form
Councilor Yoder motioned to authorize the Mayor to sign the
Conservation Trust Fund Recertification Form. Councilor Benson
seconded the motion and the motion carried unanimously.
New Business: Recreation Center Change Order #10
Councilor Benson,motioned to approve
the Avon rec center. Councilor Yoder
motion carried unanimously.
the Change'Order #10 for
seconded the motion and the
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New Business: Transportation Services.Agreements / Arrowhead,
Beaver Creek, Eagle County, Town of Vail
Councilor Yoder motioned to table that,.as-per Mr. James'
suggestion, to our next meeting. Councilor Benson seconded the
motion and the motion carried unanimously.
New Business: Sewer Main Conveyance to Upper Eagle Valley
Councilor Hines motioned to table the sewer main conveyance
contract. Councilor Yoder seconded the motion and the motion
carried unanimously.
New Business: 1996/97 Intergovernmental Agreement for Wildfire
Protection & Eagle County Annual Fire Protection,Plan
Councilor Yoder motioned to authorize the Mayor to sign the
mutual aid agreement and the operating plan. Councilor Hines
seconded the motion and the motion carried unanimously.
Mayor Report:
Mayor Reynolds announced he attended the intergovernmental
coalition meeting the other day, with discussion that focused on*
transportation.
Mayor Reynolds announced he attended the CAST meeting and again
the conversation was on transportation.
Consent Agenda:
a.) Approval of the October 24, 1995 Council Meeting Minutes
b.) Resolution No. 95-52, Series of 1995,- A RESOLUTION APPROVING
THE FINAL PLAT FOR THE RESUBDIVISION OF LOT 37, BLOCK 2,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
CJ Financial Matters
Councilor Fawcett motioned to approve the Consent Agenda.
Councilor Yoder seconded the motion and the motion carried
unanimously.
Adjourn:
There being no further business to come before Council, Mayor
Reynolds called--.for a motion to; adjourn.: Couficilor'Benson moved
to adjourn. The motion was seconded by Couricilor;Yoder. The
meeting was adjourned by Mayor Reynolds at 9:53PM.
Patty Neyh
Town Clerk
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RESPECTFULLY SUBMITTED:
APPROVED:
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