TC Minutes 03-26-1985MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD MARCH 26, 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 Allan Nottingham at 7:51
p.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Public Works Norm Wood, Building Administrator Dan
Fogland, Chief of Police Joe Olson, 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 closed the discussion.
Second reading of Ordinance No. 85-2, Series of 1985, AN ORDINANCE
ANNEXING TO THE TOWN OF AVON.A PARCEL OF LAND LOCATED IN SECTION
12, T:5 -SOUTH, RANGE 82-,W. OF THE 6TH P.M., EAGLE COUNTY,
COLORADO; AND SETTING FORTH \ FINDINGS AND CONCLUSIONS AND OTHER
DETAILS THERETO.- (White' Annexation) (Public Hearing)
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Sheila Davis moved approval of Ordinance No. 85-2, Series of 1985,
on second reading. The motion was seconded by Don Buick. Those
Councilmembers voting "aye" were: Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were
no "nay" votes. The motion was unanimously carried.
First reading of Ordinance No. 85-4, Series of 1985, AN ORDINANCE
AMENDING ORDINANCE NO. 83-21 AND PROVIDING FOR THE AMENDMENT OF
THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE
ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK
AND SWIFT GULCH AREAS OF THE TOWN OF AVON.
Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells
stepped down because of conflict of interest.
The Mayor Pro Tem then proceeded.
The Town Manager reviewed the history of the Buck Creek and Swift
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Gulch areas. He stated that Swift Gulch originally had 180
Development Rights, or 360 Hotel units, which were assigned to it.
It was approved with a SPA Zone (Specially Planned Area). He
stated that, some time ago, the Council authorized a transfer of
100 Development Rights to go to Buck Creek on a 2 to 1 basis.
This left 200 units on the Buck Creek site for a Hotel
Development and, along with that, 50 Residential Development
Rights also. It was also approved as a SPA plan. Since that
approval, the Holiday Inn has come aboard and has stated that they
only need 150 Hotel units on Buck Creek. Mr. James stated that
Benchmark was now requesting that Council approve amending the SPA
zone for 150 Hotel units, and that 50 Hotel units be transferred
back to Swift Gulch. These 50 units would then be converted back
to 25 Residential Development Rights.
Sheila Davis had a concern with the wording, "150 Residential
Multiple Family Dwelling Units and/or Commercial, as allowed in
the SC (Shopping Center) zone district."
Larry Goad, representing Benchmark, approached the Council. He
stated that, at the original time, there were 180 Residential, or
360 Hotel units, and it was assumed that there would be some
necessary Commercial that would be allowed under the SC zone.
Councilwoman Davis stated that there should be more caution taken
on this sort of thing in the future, in transferring densities out
of a SPA zone, and this should require a new plan.
The Town Manager stated that there was a specific plan developed
for Buck Creek and for Swift Gulch, and that was why the Council
let that transfer occur.
Discussion followed.
Clint Watkins moved approval of Ordinance No. 85-4, Series of
1985, on first reading. The motion was seconded by Al Connell.
Those Councilmembers voting "aye" were: Clint Watkins, Steve
Miller, Al Connell, and Don Buick. There were no "nay" votes.
The motion was carried with Allan Nottingham and A.J. Wells
abstaining.
Mayor Nottingham and Councilman A.J. Wells resumed their seats.
Special Review Use - 30 Residential Development Rights transferred
from Lot 63 to Lot 55, Block 2, Benchmark at Beaver Creek.
Norm Wood stated that there was a request to transfer 30
Residential Development Rights from Lot 63, Block 2, to Lot 55,
Block 2, Benchmark at Beaver Creek, which was the new parking lot
at Avon Center. He stated that this had been reviewed by the
Planning and Zoning Commission, with a public hearing. The
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Planning and Zoning Commission recommended approval of the
transfer, contingent upon approval and recording of the Final Plat
for Peregrine Village Condominiums, Plat confirmation that 30
Residential Development Rights are available for transfer, and
also upon the-execution of a waiver by PPL, binding upon itself
and its successors, or any rights it may have to development of
Lot 63 to the extent of 30 units per acre.
Also; in addition to these contingencies, it would be contingent
upon the developers being able to substantially comply with all
the zoning requirements to be met regarding the 30 units on Lot
55.
Mr. Wood stated he was recommending that Council table action on
this item until completion of the approval of the Final Plat and
the submission of the waiver, as recommended by the Planning and
Zoning Commission.
Councilman Buick asked if the conveyance was really going to
happen, when the closing would take place, and whether there was a
contract.
Greg Gage, representing PPL Developers, approached the Council.
He stated that there was an agreement written, but it would be
contingent upon the approval of the Town.
There was discussion on whether a transfer tax would be collected
on the transfer of these units.
Councilman Buick stated that Council was always being asked to
approve all these requests, but then nothing seems to happen in
regard to construction.
Councilwoman Davis stated that the question was not whether it was
really going to happen, but whether it was beneficial and
acceptable; would it be beneficial to the Town.
Councilman Watkins asked who would be required to sign on the
submittal.
Mr. Gage stated that the owners and the lien holders would sign
the Plat.
Discussion followed.
Clint Watkins moved to table Resolution No. 85-12, Series of 1985,
until completion of the approval of the Final Plat and submission
of the waiver. The motion was seconded by Steve Miller, and was
unanimously carried.
The next item presented to Council was the Subdivision Agreement
submitted by Dennis Cole, Attorney for Savoy Square. Mr. Cole
approached the Council. He reviewed and discussed the Subdivision
Agreement with the Council.
He stated that they were being very specific in indicating that
these units were Fractionalized Efficiency Units, which would
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allow construction of up to 213 efficiency, or residential
condominium, units; 213 being 3 times 71, which was the number of
Residential Rights assigned to Lot 73/74.
Page 3 of the Agreement read, "that no pieces of furniture which
may be sold as an option or as part of the time-share unit shall
be permanently affixed to any wall, floor, or ceiling, but if
required by the Building Code Administrator, they could be
temporarily attached for stability reasons".
Paragraph 3 - there would be one parking space per residential
condominium unit, and appropriate parking space for the commercial
retail units, as provided under existing ordinances. Mr. Cole
stated, as far as the building permit is concerned, one of their
concerns was the project, and making the project work very much
depended upon their commitment to do it now. Therefore, if a
building permit is not obtained by December 31, 1986, the
Subdivision Agreement would become null and void. He stated that,
as indicated in the Work Session, their intentions were to be
under construction by this summer, but they wanted to allow for
some contingencies. They felt that the date of December 31, 1986,
was calling it as close as it was.
Paragraph 5 includes the normal marketing provisions, but they
have reinserted the provision that time-share units may be sold
from not more than 50 Residential Condominium units at any one
time, with the exception of a unit out of which at least 80% of
the time-share units have been sold.
Paragraph 6 includes the amenities, facilities, and services.
Mr. Cole stated that there would be an additional 1/4 of 1% of the
sales price paid to the Town of Avon upon closing of each interest
in a time-share unit, including resales. In addition to that 1/4
of 1%, they were also providing for the payment of $6.79 per unit,
per week, per year, of sold time-share units.
Mr. Cole stated that, instead of a three-day right of recession,
the State Legislators have changed this to a five-day right of
recession for all sales conducted throughout the State. Mr. Cole
stated that the rest of the document was basically routine.
Some discussion followed.
The Town Manager requested that Council and the Town Attorney have
time to review the document, and suggested it be placed on the
April 9th agenda.
Councilman Wells stated that he would offer a couple of
suggestions: 1) the the Agreement should be called "An Agreement
approving time-sharing under Special Review and Subdivision
Agreement", or words to that effect, to tie the two together; 2)
in the recital, it should indicate that the housing was going to
be used for short-term purposes; 3) throughout the Agreement,
where it refers to 213 residential condominium units, they should
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be referred to as 213 fractionalized or efficiency residential
units; 4) Paragraph 2, where it states that, "SSI shall comply
with all requirements of the fractionalization administrator", Mr.
Wells suggested that it be taken care of at Council level, since
there are no rules or regulations established for
fractionalization yet.
Councilman Wells discussed Paragraph 4-Building Permit.
He stated that the Town does not want to wait until December 31,
1986. He stated that; if they allow for four months for detail
drawings, September 1, 1985 could possibly be the starting date
for construction. If this-can not be achieved, then it should be
addressed now.
They discussed the number of units on the market at one time. It
was stated that the whole idea was that the developer should not
sell all the peak weeks and end up with the dog weeks unsold. Mr.
Wells stated his thoughts on the Agreement with Christie Lodge;
they offered 50 units, and they would be totally sold out before
50 more could go on the market.
Councilwoman Davis felt that a restaurant should be included in
the amenities.
Councilman Wells felt that the Town should not commit to the same
level of maintenance and service currently provided, because it
would be changing all the time.
The Council discussed Paragraph 11-Effect of time-share
Subdivision on availability of short-term rental housing in the
Town of Avon. It was stated that the paragraph needed
clarification.
Councilman Watkins requested that the Town Attorney submit an
evaluation of what effect the Subdivision Agreement may or may not
have on pending litigation, if,it's passed.
Sheila Davis moved to table the Subdivision Agreement until the
next regularly scheduled Council meeting. The motion was seconded
by Al Connell, and was unanimously carried.
The Town Attorney reported on the Blodgett litigation. He stated
that he would be in Eagle District Court tomorrow, at 1:30 p.m.
He stated that he would be arguing a motion for a partial summary
judgement that was filed in the Blodgett case. Mr. Dunn stated
that he would have the decision tomorrow.
The Town Attorney and the Council discussed the Real Property
Transfer Tax, and whether there was a transfer tax collected on
Development Rights. It was stated that it was the intention of
the ordinance that all transfers of TDR's be taxable, unless they
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were owned by the same people.
Discussion followed.
Clint Watkins moved to instruct the Town Attorney to amend the
ordinance to clarify that the transfer of Development Rights is to
be taxed. The motion was seconded by A.J. Wells, and was
unanimously carried.
Norm Wood reported on the speed limit on Metcalf Road. He stated
that, over the past several months, there have been requests to
raise the speed limit on Metcalf Road. He stated that the Police
Department conducted a speed check, at various times of day, over
a one week period of time. He stated that speeds on the road ran
from 20 mph to over 50 mph. Mr. Wood stated that the reduction of
this data indicated that the 85 percentile speed on Metcalf Road
was approximately 38 mph. He stated that, if this criteria was
considered, a speed limit of 35 mph would be recommended but,
looking at the road grades, which are slightly over the 9%
maximum, a 30 mph limit would be recommended as the design speed.
Councilman Miller had some concerns regarding raising the speed
limit on Metcalf Road.
Councilwoman Davis felt that the speed limit should be left at 25
mph.
After lengthy discussion, Clint Watkins moved to approve raising
the speed limit to the maximum of 30 mph on Metcalf Road, with a
reduced speed signing of 20 mph for the reverse curve at the
electric substation. The motion was seconded by Al Connell.
Those Councilmembers voting "aye" were: Clint Watkins, A.J.
Wells, Al Connell, and Don Buick. Those Councilmembers voting
"nay" were: Sheila Davis and Steve Miller. The motion carried by
a 4 to 2 vote'.
The Town Manager reported on the Recreation Amenities fees and
Recreation Maintenance fees. He stated that he had the Town
Attorney review this matter, with respect to the Christie Lodge
Agreement on the amenities fees. The Town Attorney recommended
that the agreement be amended. He also recommended providing for
this fee in ordinance form.
The Town Manager recommended that Council direct the Town Attorney
to draft an ordinance for assessing recreational fees for
time-share projects.
Sheila Davis so moved. The motion was seconded by Clint Watkins.
Discussion followed.
It was stated that this would include not only the weekly fee, but
the transfer fee as well.
The motion was unanimously carried.
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The Town Manager reported on the SPA (Specially Planned Area)
Zone. He stated that there had been- some discussion on this
matter at the afternoon Work Session. This matter was in regard
to consideration and approval of a site plan including allowable
densities, uses, parking, and other zoning matters. He stated
that he would outline a document evaluating whether this should be
handled as an administrative type of regulation, or should be
clarified in the ordinance, instead. He stated that he would have
the draft at the next regular meeting.
No action was taken.
The contract for Zehren and Associates, Inc., for the Avon Event
Center, was next presented to the Council for review and
discussion.
The Council had some concerns with the contract.
The Town Attorney stated that he had reviewed the contract, that
it was a standard form, and that he had found it to be in order.
Councilwoman Davis stated that she had a concern with Section 1.7
(Additional Services) because the Town was building on top of
another building, and because of the nature of the contract. She
stated that the Town would be furnishing information to both the
Water Authority and Zehren and Associates. She felt they would
need to coordinate a lot of information, and felt Section 1.7
needed to be examined more closely. She felt that the Attorney
should review Section 1.7 with this in mind. The Town Attorney
stated that his concern was with Section 9 (Arbitration). He
stated that arbitration tends to favor the architect, whereas the
Courts tend to favor the owner.
Norm Wood stated that the Additional Services Section, as
outlined, was a standard type of architect and/or engineer
agreement. He stated that the key would possibly be in the words,
"they shall be provided if authorized or confirmed in writing by
the owner". He stated that this provided control.
The Council discussed the basic services, such as drawings,
prints, surveys, etc.
Councilman Wells stated that provision 17.17 specifically deals
with those concerns, but it had been excluded from the contract.
Mr. Wells stated that another provision could possibly be added,
so that coordination with the Town and the Water Plant architect
would be included in the basic services.
Norm Wood stated that $15,000 included the basic or initial
program phase of the project, including working with Council and
the initial work with the other architects and engineers. He
stated that, once the project moves to the Design Phase, toward
construction documents, it is covered by another negotiated fee.
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Councilman Miller felt that $3,000 was somewhat high for the
initial payment. Mr. Miller questioned one of the principals,
Rita Gosnell, at $60.00 per hour, and also questioned employees at
2.5 times direct personnel expense not to exceed $50.00 per hour.
Mr. Wood stated that it was pretty much a standard rate. He
stated that this expense would be to cover all overhead materials,
supplies, etc.
Councilman Watkins had a concern in provision 15.5, page 11, where
it indicates that the Town would be provided with just one
rendering of the interior and one rendering of the exterior of the
project. He stated he would like to see a rendering of each
phase, and how it was going to look as it was being built out.
Mr. Wells felt that there should be an exterior rendering of each
direction-east, west, north, and south-and should also include the
elevation.
Mr. Wood stated that the model could show those different phases,
at an additional $8,000. It was stated that it would stand to
reason to look at all sides of the renderings before the model was
built.
The Council recommended that the contract clarify this concern.
The Town Manager recommended that Council authorize the Mayor to
sign the contract, based upon final review by the Town Attorney
and assuming that all the concerns would be addressed.
A.J. Wells moved to authorize the Mayor to sign the contract upon
resolution of the concerns of the Council, and also that the
contract be reviewed by the Town Attorney. The motion was
seconded by Steve Miller, and was unanimously carried.
The Town Manager reported on the Capital Improvements. He stated
that he wanted to show the Council how to possibly finance the
first phase of the Event Center without raising taxes. He stated
that Avon Metropolitan District currently has bond issues, made up
of various small bond issues, totaling Four and a Half Million
Dollars. He stated that the Avon Metropolitan District refunded
those bonds, two years ago, with a Four and a Half Million Dollar
refunding bond issue. He stated that the Avon Metro District was
now paying off the refunded bonds, and the refunding bonds were
paying off the original bond issue. He stated that, in effect,
this resulted in the Avon Metro District gaining about Two
Hundred Thousand Dollars in one year. Mr. James stated that the
Avon Metro District was receiving Six Hundred Forty Thousand
Dollars for the Plant they own. The Water Authority was going to
buy the plant, because the Avon Metro District no longer needs it.
With that Six Hundred Forty Thousand Dollars, he stated that the
Avon Metro District 'was looking at doing an advanced refunding.
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This would mean that the Six Hundred Forty Thousand Dollars would
be invested for eighteen years, growing in principle over the
eighteen years to pay off the Four and a Half Million Dollars in
principle. This would then reduce the debt service for the AMD,
for somewhere between two and three years, by One Hundred Seventy
Thousand Dollars a year. This would be equivalent to about seven
or eight mills. Mr. James stated that, if this kind of savings
could be generated, and if it does not adversly impact the Metro
District financially, he would like to ask the Metro District if
they would be willing to lower their mill levies by seven to eight
mills and allow the Town of Avon to increase its mill levies seven
to eight mills to finance construction of the first phase of the
Avon Event Center.
After discussion, Council agreed to have the Town Manager approach
the Avon Metropolitan District on this matter.
Council then proceeded with the 1985 Capital Improvements and
Outlay.
After lengthy discussion, Steve Miller moved approval of
Architect's fees not to exceed $15,000, a model or rendering not
to exceed $8,000, and Capital Outlay requests of $38,641. The
motion was seconded by A.J. Wells, and was unanimously carried.
The Town Manager noted that revenues were up 24% in December, up
39% in January, and up 14% in February.
The Town Manager then reviewed and discussed the Five Year Plan.
It was stated that the bus situation would be discussed later.
Mayor Nottingham felt that the West Beaver Creek Blvd. rail
crossing should be the first priority on the list. Also, the
Benchmark Road reconstruction should be moved up to a higher
priority. The Band Shell and Amphitheater were discussed.
Councilman Miller felt that the construction should be moved up to
1986/87. It was suggested timing this construction with that of
the Event Center.
It was suggested that a bike path was needed over to City Market.
Be it noted that Councilman Watkins retired from the meeting at
10:38 p.m.
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The Financial Matters were next presented to the Council.
Steve Miller moved to receive items #1 through #9. The motion was
seconded by Sheila Davis, and was unanimously carried.
Councilman Miller requested that the Town Manager look into the
marketing percentage of the budget (33.50%), shown on page eight
(detail statement of revenues and expenditures), he felt this was
high. Under expenditures (Town Council), he felt the percentage
of 25.17 seemed to be increased.
The Town Manager said he would check the figures.
Steve Miller moved approval of the General Fund Accounts Payable
for March 26, 1985. The motion was seconded by Sheila Davis, and
was unanimously carried.
Steve Miller moved approval of the Transit Fund Accounts Payable
for March 26, 1985. The motion was seconded by Sheila Davis, and
was unanimously carried.
Steve Miller moved approval of the Reconciliation Sheet of
Accounts Payable for March 26, 1985. The motion was seconded by
Al Connell, and was unanimously carried.
The minutes of the March 12, 1985, Council meeting were next
presented to the Council.
Steve Miller moved approval of the March 12th Council meeting
minutes. The motion was seconded by Don Buick, and was
unanimously carried.
There being no further business to come before the Council, Sheila
Davis moved to adjourn. The motion was seconded by Al Connell.
The meeting was adjourned by Mayor Nottingham at 10:57 p.m.
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Respectfully Submit
atricia J. P,6yle','Town Cler
ArnnrnVar7
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