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TC Minutes 08-14-1984• • 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. 1 • 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 2 • • 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 3 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 4 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. 5 9 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. 6 0 RESIYECTFULLY--\SUBa"TED : ~J~dl ie -e P-atricia V Doyle, Town Clerk