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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 • 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 -2- 9 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 -3- • 0 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 -4- • 0 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 -5- • • 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. -6- 0 • 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. -7- i • 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. -8- • 0 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. -9- 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. -10- • Respectfully Submit atricia J. P,6yle','Town Cler ArnnrnVar7 -11-