TC Minutes 01-08-1985MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD JANUARY 8, 1985 - 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 Sheila Davis at
7:34 p.m. A roll call was taken with Clint Watkins, Steve Miller,
Al Connell, and Don Buick present. Mayor Allan Nottingham was
absent. Councilman A.J. Wells arrived at 7:55 p.m. Also present
were Town Attorneys John Dunn and Art Abplanalp, Town Manager Bill
James, Director of Public Works Norm Wood, Chief of Police Joe
Olson, as well as members of the press and public.
The Mayor Pro-Tem called for Citizen Input. There being no one
wishing to be heard, the Mayor Pro-Tem closed the discussion.
First reading of Ordinance No. 84-13, Series of 1984. AN
ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED
AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
There were two alternatives in regard to this ordinance. Art
Abplanalp stated that alternative #1 was basically the direction
in which Council requested the attorney take at the last meeting.
Alternative #2 was an approach the Town Manager had suggested. He
stated that alternative #2 does not deal with kitchens, and has an
additional cap, of 1500 square feet per undivided residential
right, which is different from alternative #1. He stated that the
other difference in alternative #2 was the 4/10 of a Development
Right instead of 1/3.
The Town Manager stated the staff felt that the formula that was
developed, which was contained in the memorandum to Council (see
attached), did not address whether accommodation suites could have
1 or 2 bedrooms. He stated that a limitation of 600 square feet,
when converted, would be equal to 2-1/2 units per Development
Right and a total maximum of 1500 square feet per Residential
Development Right. He stated this would cover a lot of the
developers' concerns in regard to the unit size. Mr. James stat-
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ed that another item they did change in both alternative
ordinances was regarding ownership. He stated that the new
ordinance did not address ownerhsip. He stated they deleted an
item on page 3 that read, "It shall be unlawful for any
person to enter into any agreement by which a unit identified by
plat or other designation to the Town of Avon by the owner or
developer as an accommodation unit or accommodation suite under
Chapter 17.22 of this Code shall be placed under a lease of thirty
days or more, or to occupy any such accommodation unit or
accommodation suite for a period of thirty days or more out of any
sixty days".
Mr. James stated that Pat Montgomery had a number of concerns
regarding proposed projects in Town. Mr. Montgomery had a
proposal relating to 1/3 of a fraction. He proposed specifying a
specific use, which would be RHDC, TC, SPA, limiting the square
footage to a maximum of 600 square feet, and retaining the 1800
square foot gross residential floor area contained in the current
ordinance.
Mr. Pat Montgomery, with Ski and Shore Realty, approached the
Council. He stated that he has been working with Town staff in
trying to develop an accommodation suite that would fit in with
the Zoning Laws and the economic considerations that Avon has.
Mr. Montgomery felt that the Town should do all it can to
encourage the right kind of development in the Town's center.
This would mean getting developers in here to build something the
public would like and would spend time in Avon to visit. He
stated that the 2 to 1, or 2-1/2 to 1 ratio that was being
proposed would not do the job from an economic standpoint.
The Council, attorneys, staff, and members of the public discussed
this ordinance at length.
Larry Kumpost, member of the Planning and Zoning Commission, had a
concern with the "time-share project" wording. He stated that he
would prefer to see "time-share project" expressed as "time-share
hotel"; deleting the words "Time-share project" from the paragraph
and inserting the wording into another section in the ordinance.
After discussion, A.J. Wells moved approval of Ordinance No.
84-13, alternative #2, Series of 1984, on first reading with the
following corrections and notations:
Page 1, under the 1st WHEREAS, second line, change "provions" to
"'provisions".
Page 1, bottom of the page, the codes should be dropped; the
underlining, asterisks, and bracketing in section 1-f should be
dropped.
Page 2, 1st paragraph, 7th line, delete one of the words "such";
1st paragraph, last line, after the word "exceed", add "an average
of" changing the last line to read, "process shall not exceed an
average of 600 square feet".
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Section 3, 17.08.025, 2nd line, after the word "rooms", add "not
more than one bedroom, one bathroom, and one kitchen", delete
everything in the brackets.
Section 4, 17.08.030, the bracketed material should be deleted.
Section 5, change "17.08.040" to "17.08.340".
Section 6, 17.22.030, the underlining should be deleted, the word
"solely" should be deleted, the 6th line through the 10th line
should be deleted.
Page 3, the top paragraph should be deleted up to Section 7.
Don Buick seconded the motion.
Discussion followed.
Councilman Watkins felt that the time-share wordage should be
deleted.
Mr. Buick stated that the discussion could be brought up at the
Council's January 22nd meeting Work Session.
Mr. Watkins stated that he would approve the ordinance on first
reading but, unless Council received the study of the concerns of
the staff and the attorney, he would not agree to pass the
ordinance on second reading.
A roll call was taken with Clint Watkins, Steve Miller, A.J.
Wells, Al Connell, and Don Buick voting "aye". There were no
"nay" votes. The motion was unanimously carried.
Resolution No. 85-1, Series of 1985, A RESOLUTION APPROVING
PRELIMINARY PLAT FOR CUNNINGHAM SUBDIVISION, A REPLAT AND
RESUBDIVISON OF TRACTS Q AND R, BLOCK 2, TOWN OF AVON, COUNTY OF
EAGLE, STATE OF COLORADO, AND FINAL SUBDIVISION PLAT - AMENDMENT
NO. 4, BENCHMARK AT BEAVER CREEK.
A.J. Wells noted that he might possibly have a conflict of
interest in regard to this item. If the conflict should arise, he
would then step down.
The Mayor Pro-Tem proceeded.
Norm Wood presented Council with a preliminary site plan that was
presented to the Planning and Zoning Commission at their last
meeting. The plan indicated that the parking requirements for the
existing building would be met. There are 122 parking spaces.
They have met the two required loading spaces and the open
space/building ratio requirement. He stated that the plan does
meet the zoning requirements for that particular site. The
Planning and Zoning Commission felt that some improvements have
been made in the access to the site regarding the northwesterly
corner of the existing building. The southerly end of the
property could be worked to where it would provide reasonable
access to both the existing lot and the southerly part of the lot.
He stated that the Planning and Zoning Commission has recommended
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the preliminary plat for this subdivision be approved, subject to
certain conditions being met prior to approval of the final plat.
The conditions included, 1) a Subdividers Agreement that addresses
construction of parking lot modifications as required for the
existing development, including drainage control facilities for
the southerly parking lot; 2) provisions for possible future
acquisition of access easement, by the Town of Avon, for a street
right-of-way.
Councilman Wells asked what the cost to the Town would be.
Mr. Wood stated that the cost was something that could not be
determined at this time. Basically, this was reserving the space
for future access. The third condition was the submittal, to the
Town of Avon, of a letter or other evidence from Avon Metro
District agreeing to the relocation of and modifications to
Metcalf Ditch, as necessary to complete the required parking lot
improvements. Mr. Wood stated that this approval would allow for
negotiation for sale of the lot and would give time for submission
of all plans before final approval.
Mr. Wood stated that a preliminary plat approval would allow two
years for finalization of the final plat. It would also allow
an extension to be requested ninety days prior to expiration of
the two year period.
Councilman Wells was concerned about the land being set aside for
future access. Could the Town be taken to Court and forced to pay
the due monies right away?
The Town Attorney felt this was something that would have to be
resolved in the Agreement negotiations. He stated the Town was
not insisting on anything or taking anything at this point.
Councilman Wells asked if the applicant would be willing to give
the Town a letter stating that provisions for future access
easement acquisition at this time would not in any way obligate
the Town to acquire the land.
Mr. Cunningham stated that if the Town takes the land, the Town
would have to provide equal parking for him.
Discussion followed.
Clint Watkins moved approval of Resolution No. 85-1, Series of
1985. The motion was seconded by Al Connell and was unanimously
carried.
Resolution No. 84-52, Series of 1984, A RESOLUTION GRANTING A
SPECIAL REVIEW USE FOR LARGE LOT PARKING REDUCTION OF 12 SPACES AT
BENCHMARK SHOPPING CENTER.
This resolution was continued from the December 11th Council
meeting.
Mr. Cunningham, owner of the Benchmark Shopping Center, approached
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the Council. He stated that, faced with losing a strip of land
that runs two hundred plus feet long and fifty feet wide, they
wanted to look at some alternatives in regard to the matter.
Referencing the study that Norm Wood had done, he stated it
appeared that approval of a large lot reduction on Tract Q would
be to the Town's benefit as well as his. He stated that if the
Town should ever have to take that piece of property that would be
set aside, the Town would then have to provide him with the
flexibility to deal with the lesser number of parking spaces. He
stated that he has looked at the possibility of putting a metal
roof on the existing building, expanding the area over the Hole in
the Wall Restaurant, and enclosing the balconies.
Discussion followed.
The Council was concerned with the reduction of parking spaces on
Tract Q.
Mr. Wood stated that it would be a reduction of the parking
requirements, not the parking spaces. He stated that, with the
particular use this building has, it requires a certain number of
spaces for its use. He stated it has 122 spaces, which is an
excess of 8 spaces. If the parking requirements are reduced by
12 spaces, there then is an excess of 20 spaces. With
requirements of 1 space for every 400 square feet, there would be
another 8000 square feet of building that they could develop and
still meet the parking requirements. The building is
approximately 24,600 square feet (first floor). Mr. Cunningham
stated that, if he enclosed the balconies and added over the
restaurant, they would have an additional 8000 square feet, which
would be the maximum.
Larry Goad, with the Benchmark Plaza Building, was concerned about
whether or not there would be enough physical spaces to
accommodate the existing building as is, without overflowing onto
adjacent lots. If the balconies were in fact enclosed and another
floor and a half added over the restaurant, Mr. Goad wondered if
the reduction would just compound the problem further. He stated
that the additions would bring more people into the building. Mr.
Goad stated that the Benchmark Plaza has this problem at the
present time with the Tract Q building.
Councilman Buick asked if the problem was really shortage of
space, or merely convenience.
Mr. Cunningham stated that they were not requesting the reduction
arbitrarily, but were doing it because restraints have been
imposed upon them to convenience the Town. Providing access to
some back lots that they may or may not have would, in fact,
limit his ability to develop his property to the fullest in the
long run.
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After some discussion, it was agreed that the resolution should
contain the location of the parking reduction by adding, "located
on Tract Q, north,.
Councilman Buick requested that the current resolution be tabled,
and that this discussion be incorporated into a new resolution
which would be brought back before the Council.
Mr. Buick stated a new resolution has to be drafted that states
the 10% reduction but does not become effective until the
Subdividers Agreement is in place and its terms are satisfactory
to the Council and Mr. Cunningham.
Councilman Wells suggested entering into the Agreement at this
time, that way Mr. Cunningham could sign with the Town.
The Town Manager agreed to get these concerns in writing, so they
could be attached to the resolution.
Mr. Wells stated that the resolution should be passed with the
Agreement attached as an Exhibit.
Don Buick moved to table Resolution No.~84-52, and to direct the
Town Attorney to discuss the concerns with Mr. Cunningham and
provide more documentation for Council to review.
The motion was seconded by Steve Miller.
Discussion followed.
Clint Watkins stated that some problems were the calculations on
parking, the assumed seating areas, and how those problems were
set out.
He also suggested clarification of the 10% reduction - is it 10%
of what is there, or 10% of what is required?
The motion was unanimously carried.
The Council recessed at 10:00 p.m. and reconvened at 10:15 p.m.
Resolution No. 84-51, Series of 1984, A RESOLUTION REGARDING
SERVICES AND FEES OF THE TOWN ATTORNEY.
John Dunn requested that the resolution be tabled once again until
he could provide more concrete information to the Council.
Don Buick moved to table Resolution No. 84-51, Series of 1984,
unitl the next regular meeting.
The motion was seconded by Steve Miller and was unanimously
carried.
A report on the Employee Retirement Plan was next presented to the
Council.
Mr. James stated that he had looked at a number of plans and,
after going through them all, he had decided that ICMA Retirement
Plan was the best one.
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Dave Parker, Service Representative of ICMA, approached the
Council. He discussed and reviewed the history of the system. He
discussed the premiums, low cost, and the retirement type system.
Mr. Parker stated that the plan proposed would cost the company
3/4 of to to administer, and currently provided a guarantee of
12% returns. The investment is at 12-3/4%.
He discussed and reviewed the S-457, a Deferred Compensation Plan.
Clint Watkins asked if the employees had to contribute to the plan
or if it was voluntary.
Mr. Parker stated that would be a Council decision.
After discussion, the Town Manager stated that all of this
information would be presented to the employees for their
response. The plan would then be presented back to the Council at
the next meeting for discussion of the structure of the plan, how
it would be funded, and the vesting period involved.
No action was taken.
The Town Manager reported on the Long Term Disability (LTD). He
stated that he should have information before Council at the next
meeting. He stated it looked like it would be below 1% of the
total salary cost that was budgeted, and it falls exactly along
the same guidelines as Social Security benefits-i.e. a five month
waiting period, it's 2/3rds of the salary, and is basically for
both on- and off-the-job injury. The police officers would also
be covered.
Mr. James reported on Tract P. He stated that Clint Watkins and
he met with Duane Davis and reviewed some items for Tract P. A
meeting has been scheduled for 10:00 a.m. on Thursday, January 10,
1985, to review some of the plan documents. Council is invited to
the meeting. A meeting has also been scheduled, with Duane Davis,
the Architect, and the Engineer, for 11:00 a.m. at the office of
Duane Davis. He stated that the Water Authority was willing to
put in an additional amount for the foundation work, in addition
to the $50,000.
No action was taken.
Don Buick moved to confirm approval of the purchase of the Zamboni
that was bought from the Town of Aspen for the amount of $3,750.
The motion was seconded by Al Connell and was unanimously carried.
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The Financial Matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #8. The motion was
seconded by Don Buick. Discussion followed.
The Council requested that staff check into the Transit billing.
Council was concerned about the price of diesel fuel. It was
requested that the price be checker: into.
The Council discussed Jim Lamont's bill.
After discussion, the motion to receive items #1 through #8 was
unanimously carried.
Clint Watkins moved approval of the General Fund Accounts Payable
of December, 1984. The motion was seconded by Don Buick and was
unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable of
January 8, 1985. The motion was seconded by Clint Watkins and was
unanimously carried.
Clint Watkins moved approval of the Transit Fund and the Mall
Construction Fund Accounts Payable of January 8, 1985. The motion
was seconded by Don Buick and was unanimously carried.
Don Buick moved approval of the Reconciliation Sheet of Accounts
Payable for January 8, 1985. The motion was seconded by Al
Connell and was unanimously carried.
The minutes of the December 11, 1984, Council meeting were next
presented to the Council.
Al Connell moved approval of the December 11th Council meeting
minutes. The motion was seconded by Don Buick and was unanimously
carried.
Steve Miller moved approval of the December 20, 1984, Special
Council meeting minutes. The motion was seconded by Al Connell
and was unanimously carried.
Don Buick moved approval of the minutes of the continued Special
Council meeting of December 20, 1984, held December 21, 1984. The
motion was seconded by Al Connell and was unanimously carried.
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Don Buick moved approval of the December 29, 1984, Special Council
meeting minutes. The motion was seconded by Al Connell and was
unanimously carried.
It was requested that an update of the weed mowing operations and
fees be presented at the next Council meeting.
There being no further business to come before the Council, A.J.
Wells moved to adjourn. The motion was seconded by Don Buick.
The meeting was adjourned by the Mayor Pro-Tem at 11:29 p.m.
Re ectfully Submitted:
Patricia J. Do Ve, Town erk
Approved:
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TO: The Honorable Mayor and Town Council
FROM: William D. James, Town Manaaer
DATE: January 4, 1985
SUBJECT: Hotel Suites/Fractionalization Ordinance
I have met with Pat Montgomery a couple of times since the first
Council Meeting in December. You will recall that the last
Council action on this matter was to table the Fractionalization
Ordinance Amendment. Pat Montgomery still feels that this issue needs
to be resolved not only for his project, but for other future
projects.
After review of this matter again, the staff has an option for
Council to consider. Also, Pat has presented his preferred
option which are outlined below. Rather than create two new
ordinances, an outline of the sections that would need to be
amended in the last ordinance are attached. If Council prefers
either option, the action would. be to amend the ordinance
according to either option.
Staff Recommendation: Option 1.
You will recall some time_acro, we prepared a formula to justify
the Fractionalization of a Developr:ent Right. V'e have revised
our formula, which is outlined below, the hotel suite is equal
to .40 Development Rights rather than the .33 we have talked about
in the past. This equals a conversion ratio of 2.5 units per
Deveionment Rir;ht rather than. 3 to 1 ratio for Pat's project, this
would ir.ean only' 177 units rather than 210 units for the Savoy
Square Project.
Other problems we have encountered revolved around kitchens and
ownership. To settle these areas, I would recommend that the square
feet be limited tc a r,.aximum. of 600 square feet per unit and thus
altering the total maximum aross residential floor area from.
1800 square feet to 1500 square feet. The section on limiting use
to a hotel or time share operation has been left in. The ownership
restriction has been dropped. With the above restrictions, I see
no need to be concerned. with ownership as long_ as we have defined
the use.
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Mayor and Town Council
Hotel Suites/
Fractionalization Ordinance
page 2
It is important to note that the classification
Accommodation Suite. We are not addressing one
The developer has 600 square feet to work with.
to design a one or two bedroom(if it will fit),
or kitchenette, or an efficencv_ unit. Whatever
is, the Town should not have a particular conce
the unit is 600 square feet or 1500 square feet
residential floor area.
is a hotel/
bedroom units.
It is his option
full kitchen
the floor plan
rn as long as
total gross
Formula for Fractionalization of a Development Riqht
Unit Size
3 Bedroom
2 Bedroom
1 Bedroom
Efficencv
Hotel
Hotel Suite
6.0
4.5
3.0
2.0
1.5
2.4
1
.75(3/4)
.50 (1/2)
. 33 (1/3)
.25 (1/fit)
.40 (2/5)
The hotel room fraction was arrived at by the following:
1) Average near round occupancy equals 2.5 persons per
hotel room
2)
The hotels
in C
olorado and nationally,
average an
nual
occupancy is 60°
3)
Occunanc',7
rate
per room, full tir.,e equivalent=
2.5
x 60% or 1.5
4)
2.5 x 60%
= 1.5
t 6 average maximum. occupancy=
.25 or 1/4
DR
Hotel Suite
1) Town of Avon assumed average occupancy year round
equal 4 per room
2) The hotel industry in Colorado averaa_es 60% occupancy
rate per room.
3) Full time equivalent - x .6 or 2.4
4) 4 x .6 = 2.4 ~ 6 average maximurn. occupancy = .40 DR or 2/5
The maximurn occupancy for a hotel room with two queen size beds
equals 4-
2.5 4 =02.5%
The maximum occupancy for a hotel suite with two queen size beds
and fold out couch equal 6
4 - 6 = 660
Average
Maximum Occupancy
This reflects a close relationship of average maximum occupancy for
a hotel and a hotel suite.
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Hotel Suites/Fractionalization Ordinance
Page 3
Option 2.
This option has been proposed by Fat Montgomery.
1/3 fraction.
One divided room.- (could be a bedroom cr a kitchen)
Specific use area - PHDC, TC, and SPA
600 square feet maximum
1800 sauare feet total cross residential floor area.
This option and the staff recommendation will be reviewed in more
death at the meeting.