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TC Minutes 11-26-1985• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD NOVEMBER 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. Mayor Allan Nottingham called the meeting to order at 7:45 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 Engineering/Community Development Norm Wood, Chief of Police Joe Olson, Planning Consultant Jim Lamont, and 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. 85-22, Series of 1985, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND AS SPECIALLY PLANNED AREA AND-APPROVING PRECISE PLAN FOR SAID AREA. This was regarding the-Falcon Pointe Lodge time-sharing. The Mayor opened the meeting for public hearing. Jack Garland, resident of Beaver Creek West, approached the Council. He stated he was opposed to the zoning change proposed for Falcon Pointe Lodge. He felt Council was trying to bail a company out of financial trouble, and felt it was not a proper thing for the Town to be doing. He also felt that Council should consider the adjacent property owners, and their opposition to the zone change. Councilman Miller stated that the concerns Council had expressed to Falcon Pointe and been addressed in a manner satisfactory to Council, and this should make the adjacent property owners comfortable. Bronson Rumsey, representing the Beaver Creek West Condominium Assoication, Board of Directors, and Home Owners Association, approached the Council. He submitted a letter from Kent Kelly, President of the Beaver Creek West Homeowners Association. Mr. Rumsey read the letter in its entirety. In his letter, Mr. Kelly stated that Beaver Creek West would be willing to support a possible decision by Council to allow time-sharing on lots 45 & 46 -1- 0 • if, and only if, Council would give Beaver Creek West equal consideration should they decide to time-share in the future. He felt the owners of both projects should share in management, and hopefully see the advantages of combining the two projects at some future time (see attached letter). Mr. Garland -stated that, if Council approved the Falcon Pointe project, it would then encourage other developers to follow. Councilman Miller moved approval of Ordinance #85-22, Series of 1985, on second reading. The motion was seconded by Councilwoman Davis. Discussion followed. Councilman Wells suggested that, under Section 2-A, 4th line, 7th line, and under 2-C, the word "residential" be added before the word "condominium". Councilman Miller amended his motion to include the addition. The amended motion was seconded by Councilman Wells. Councilman Buick asked if approval of the ordinance would grant the owners 60 one-bedroom units. The Town Attorney stated that the owners must go through the Administrative Fractionalization process, and submit a Subdivision Map and a Subdividers Agreement for Council approval. He stated the ordinance gives the owners approval for the use, only. The ordinance states the owners have the right to the use; to construct 60 one-bedroom units, subject to Council's approval of the Subdividers Agreement and the Final Plat. Attorney Dennis Cole, representing, the owners of Falcon Pointe, approached the Council. He stated their calculations indicate that the proposed 60 units would not exceed the 30 Residential Development Rights existing on the lot. Council then voted unanimously in favor of the above amendment. In order to be consistent with page 1, Councilman Watkins moved to amend the 4th paragraph on page 2 to state that the Planning and Zoning Commission had recommended denial. After discussion, Council agreed that the words "recommending denial of the proposed amendment" should be added after the words "Town Council". Councilman Watkins amended his motion to include those words in paragraph 4. The amended motion was seconded by Councilman Miller, and was unanimously carried. Councilman Watkins moved to delete the words "hotels, lodges, motels" from page 4, subsection 2-B. The motion was seconded by Councilman Miller. Discussion followed. Councilman Wells stated that all uses were per the Zoning Code, and it was very possible to end up with those uses when the project was completed. Further discussion followed. Councilman Miller withdrew his second of the motion. Council -2- s • discussed the possibility of short and long term lodging at the project. After discussion, Councilman Watkins withdrew his motion. Councilman Watkins asked if, with all the other things the owners would be doing for the Town, it would be possible to include help with the transportation system by providing a bus. Dennis Cole stated they realize that the conversion of the project to time-share will have some impact on the Town, including the transportation system, and they felt it was their obligation to mitigate those impacts. He stated that, if the Council felt there was an impact on the transportation system, they would have an obligation to address that issue. He stated they were concerned about how they would address the issue. Mr. Cole stated they have already committed to the widening of the entrance at Benchmark Road, and to the construction of a covered bus shelter, also. Councilman Wells stated that Council had received a report from the Planning and Zoning Commission that explained why the Commission had recommended denial of the project. The Mayor called for a roll call vote. Those Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. Resolution No. 85-40, Series of 1985, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1985 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1985, AND ENDING ON THE LAST DAY-OF DECEMBER, 1985. The Town Manager stated the Resolution reflects the difference between the revenues and expenditures that actually occured in 1985, and the original estimates previously approved by Council. Councilman Miller moved approval of Resolution 85-40, Series of 1985, amending the 1985 information given to Council at the afternoon work session: The motion was seconded by Councilman Connell, and was unanimously carried. Next on the agenda was the proposed 1986 budget. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the hearing. Councilman Miller moved approval of Resolution No. 85-41, Series of 1985, adopting the 1986 budget, based on information presented to Council at the afternoon work session. The motion was seconded by Councilman Connell. Discussion followed. The Town Manager stated that Council was adopting the budget as a -3- • 0 format, that includes various tax proposals Council would be considering later in the meeting. If the tax proposals were denied, then Resolution #85-41 would be amended. It was stated that Council would also-be-approving a full-time Special Events Coordinator. The Town Manager stated that everything would be included in the 1986 budget, except the changes he noted in a memorandum, dated November 22, 1985 (see attached memorandum). Councilman Miller stated the 1986 budget was adopted after several work sessions, with the Council-and the Town Manager, that were held for review of the budget. After discussion, it was agreed to adopt the 1986 budget and then, if Council was uncomfortable with certain items included, Council had the option to bring those items back for further consideration at a later date. Councilman Watkins moved to amend the motion to adopt the budget to provide that the Town Manager not have the authorization to start advertising for a Special Events Coordinator until after further discussion on the matter. The amended motion was seconded by Councilman Buick. Further discussion followed. Councilman Miller stated he had understood, from several budget work sessions, that Council had decided in favor of a full-time Special Events Coordinator and would proceed according to the Town Manager's recommendation. Councilwoman Davis stated it was her understanding that advertising for the position would not begin until January, 1986, and felt the Town does need a full-time person in that position. After discussion, it was agreed to consider this position at the next regular work session (December 10th). Councilman Watkins felt his amended motion was not in order, and so withdrew it. Councilman Buick withdrew his second. The Mayor stated that a vote was in order on the motion to adopt the 1986 budget, subject to further discussion on a full-time Special Events Coordinator at the next regular work session. The motion carried unanimously. Second reading of Ordinance No. 85-20, Series of 1985, AN ORDINANCE AMENDING SECTION 3.32.020 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE TAX LEVIED ON TRANSFERS OF TIME-SHARE UNITS. This would be a public hearing. The Town Manager stated that the effective date of all the proposed ordinances before Council this evening would be January 1, 1986. He stated that the revenues generated by this particular tax were earmarked 50% for transportation and 50% for Capital Improvements. -4- The Town Attorney stated this ordinance would increase the amount of transfer tax, on time-share units, from 1/4% to 1%. After discussion, Councilman Miller moved approval of Ordinance No. 85-20, Series of 1985, with the effective date to be January 1, 1986. After discussion, Councilman Miller amended his motion to change the effective date to December 1, 1985. The amended motion was seconded by Councilman Buick. Further discussion followed. Some of the Council felt December 1, 1985, was too soon for the effective date. Councilman Wells felt it was unfair to make it effective with seven days after adoption. He stated it would be too difficult to bring books up to date and to let people know to include this increase in their closings. He felt Council should allow people some time to get ready for the increase. Councilman Watkins felt the effective date should be January 1, 1986. Mr. Dunn stated that a Section 2 would be added, stating "effective January 1, 1986". Councilman Wells so moved. The amended motion was seconded by Councilman Connell, and was unanimously carried. Further discussion followed. Council was concerned about changes that were made to the ordinance. They were not sure if they had made the changes on first reading. At this point, the Mayor opened the meeting for public hearing. Dennis'Cole, representing Falcon Pointe Lodge and Christie Lodge time-sharing, approached the Council. He stated they felt the increase, from 1/4% to 1%, would cover most all of the impacts these projects would have on the Town. He felt that, if time-share projects bear a 3-fold increase in transfer tax, earmarked for transportation/Capital Improvements, the the impacts from these projects on the Town will have been mitigated. There was some discussion on how the percentage of tax was determined. The Town Attorney stated there were no Council-directed changes to the ordinance, the changes made were in the format, as follows: (1) it was an amendment to Section 3.32.020, instead of the original ordinance adopting the-tax; (2) the recital that read, "the Town Council deems it in the best interest of the Town and its residents to amend Section 2 as set forth herein" was deleted; (3) "all other provisions of ordinance 85-6 not modified herein shall remain in full force" was deleted from the ordinance, also. After discussion, Council agreed they would prefer that the ordinance be read on first reading, due to all the changes made. Councilman Miller withdrew his motion. Councilman Buick withdrew his second. Councilman Miller moved approval of Ordinance No. 85-20, Series of 1985, on first reading, including the words, "effective January 1,-1986". The motion was seconded by Councilman Wells. A roll call was taken, with Council members Clint Watkins, Steve -5- Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voting "aye". There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 85-24, Series of 1985, AN ORDINANCE CONCERNING THE TOWN'S SALES'TAX;'REPEALING AND RE-ENACTING SECTION 3.08.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON. The Town Attorney stated this ordinance was- in connection with Ordinance No. 85-28, that was to be dealt with later in the meeting. He stated that, under the Code in its present form, subsection F of Section 3.08.040 exempts all utilities. Ordinance 85-24 would-establish a tax on utilities, in the amount of 1% of gross receipts. The other provision in the ordinance, in paragraph B, states that although the rental agreement may occur outside the Town, it would still be taxed. In other words, all rental would be taxed. After discussion, Councilman Wells moved approval of Ordinance No. 85-24, Series of 1985, on first reading, including the words, "effective January 1; 1986". Councilman Miller seconded the motion. Council members voting "aye" were Steve Miller, Sheila Davis, A.J. Wells, and Don Buick. Council members voting "nay" were Clint Watkins and Al Connell. The motion carried by a 4 to 2 vote. First reading of Ordinance No. 85-27, Series of 1985, AN ORDINANCE AMENDING SECTION 3.08.020 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, TO INCLUDE THE RENTAL OF-ANY TANGIBLE ITEM AS A TAXABLE TRANSACTION. This-ordinance regards rentals on such things as skis, cars, VCR's, etc. Councilman Miller moved approval of Ordinance No. 85-27, Series of 1985, on first reading, to be effective January 1, 1986. Councilwoman Davis seconded the motion. Those Council members voting "aye" were Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. Councilman Watkins was absent from the voting. The motion carried unanimously. First reading of Ordinance No. 85-25, Series of 1985, AN ORDINANCE AMENDING SECTION 3.28.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO INCREASE THE RATE AND COVERAGE OF THE PUBLIC ACCOMMODATIONS TAX. The Town Attorney stated this ordinance would raise the Accommodations Tax, from 1% to 4%. Councilman Miller moved approval of Ordinance No. 85-25, Series of 1985, on first reading, to be effective January 1, 1986. Councilwoman Davis seconded the -6- • motion. Discussion followed. Council asked how the Accommodation Tax would work with time-share units. The Town Manager stated used by the owner, and the tax would apply. The Mayor called for a Council members voting Wells, Al Connell, and from the voting. There respect to that, if the time-share unit was not being was being rented out to an individual, then roll call vote. "aye" were Steve Miller, Sheila Davis, A.J. Don Buick. Councilman Watkins was absent were no "nay" votes. The motion carried. First reading of Ordinance No. 85-28, Series of 1985, AN ORDINANCE AMENDING SUBSECTION F OF SECTION 3.08.040 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO EXEMPTIONS FROM SALES TAX. This ordinance would exempt Cable Television from sales tax. Councilman Miller moved approval of Ordinance No. 85-28, Series of 1985, with a correction to 3.08.040 in the title and in Section 1, on first reading. Councilman Connell seconded the motion. 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 carried unanimously. First reading of Ordinance No. 85-29, Series of 1985, AN ORDINANCE AMENDING SECTION 3.32.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON REGARDING THE AMOUNT OF TAX ON THE USE OF ANY TIME-SHARE UNIT LOCATED IN THE TOWN. This ordinance would increase the maintenance fee on time-share units, from $7.63 to $10.00, and would change the date of November 1, 1985, to January 1, 1986. Councilman Wells moved approval of Ordinance No. 85-29, Series of 1985, on first reading, changing November 1, 1985, to January 1, 1986. Councilman Miller seconded the motion. Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 85-30, Series of 1985, AN ORDINANCE AMENDING TITLE 15 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE'FOR THE PAYMENT OF TAP FEES. The Town'Attorney stated- this ordinance would add a provision to the Building Code stating that no temporary Certificate of Occupancy would be issued until all tap fees had been paid, and evidence of such was provided to the Town. He recommended that the -7- s • word "such" be deleted, after the word "all". After discussion, it was agreed to add "applicable tap fees" to the sentence, after the word "all". Councilman Miller moved approval of the addition. Councilwoman Davis seconded the motion, and it carried unanimously. Councilman Wells moved approval of Ordinance No. 85-30, Series of 1985, on first reading, with the addition. Councilman Miller seconded the motion. Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, Al Connell, A.J. Wells, and Don Buick. There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 85-26, Series of 1985, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE AGREEMENT. This was regarding a front-end loader. The Town Attorney stated he had reviewed the lease agreement, found it to be standard, and recommended Council approve the ordinance on first readng. The Town Manager stated this was provided for in the 1986 budget. After discussion, Councilman Miller moved approval of Ordinance No. 85-26, Series of 1985, on first reading. Councilwoman Davis seconded the motion. Those Council members voting "aye" were Steve Miller, Sheila Davis, A.J. Wells, and Don Buick. Councilmen Watkins and Connell voted "nay". The motion carried by a 4 to 2 vote. The Town Manager requested that Resolution No. 85-38 be deferred until later in the meeting, so he could review it. The Mayor agreed. Resolution No. 85-39, Series of 1985, A RESOLUTION DENYING THE AVON TRADER, INC., PROJECT. The Town Attorney stated he had been requested to draft a resolution outlining findings made in the denial of the application for approval of the project. Councilman Miller moved approval of Resolution No. 85-39, Series of 1985. Councilwoman Davis seconded the motion. Discussion followed. Councilman Miller requested that Council acknowledge receipt of the letter from Architect Will Trout, dated November 7, 1985, addressed to Norm Wood. Council agreed. Councilman Watkins moved to amend the motion to include, in paragraph 4, the dates of the other public hearings held on the proposed project, including October 22, and November 12. Councilman Miller seconded the motion to amend, -8- 0 0 and it carried unanimously. The Mayor called for a vote on the Resolution, which carried unanimously. Merv Lapin, with the Vail Hockey Team, approached the Council. He stated that the local hockey club had been invited, through the Amateur Hockey Association of the United States' U.S. Olympics Committee, to travel on a good will tour of'Finland, Sweden, and the Soviet Union, from December 21, 1985, through January 3, 1986. Because six of the boys were having financial trouble and would not be able to come up with money for the tour, Mr. Lapin was requesting a $2,000 contribution from the Town. After discussion, Councilman Wells stated that Council should approve the request for funds to be donated to the six boys. Councilman Miller so moved, with a limit of $2,000, subject to the boys making a presentation to Council on their trip, when they return. Councilman Watkins seconded the motion, and it carried unanimously. Council then recessed, at 9:55 p.m., and reconvened at 10:05 p.m. Resolution No. 85-38, Series of 1985, A RESOLUTION AUTHORIZING A SUPPLEMENT TO THE INDENTURE, AN AMENDMENT TO THE LOAN AGREEMENT AND AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS UNDER THE LOAN AGREEMENT RELATING- TO THE TOWN OF AVON, COLORADO, $9,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS,(AVON/BEAVER CREEK HOLIDAY . INN HOTEL PROJECT), SERIES OF-1984 The Town Attorney stated this resolution would transfer the availability of Bond proceeds, from the Holiday Inn project to the Wynfield Inn project, from north of the Interstate to south of the Interstate. He recommeded Council approval of the Resolution. Councilman Miller moved approval of Resolution No. 85-38, Series of 1985. Councilman Wells seconded the motion, and it carried unanimously. The Town Attorney reported on the Avon Town Center Mall foreclosures. He stated that the Town has received payment from Liliscislke, in full. The Peregrine foreclosure remains basically the same as it was a few weeks ago. Mr. Dunn stated he has been assured of payment by the end of the month. He stated that, in the mean time, one of the lien claimers has filed a bankruptcy petition and Peregrine, through their attorneys, has taken the position that the jurisdiction of the bankruptcy court prevents -9- • the Peregrine foreclosure from proceeding further. Mr. Dunn stated he would file a complaint with the bankruptcy court, and expected it to be a routine matter. Resolution No. 85-36, Series of 1985, ADOPTION OF THE DEVELOPMENT PLAN. (This was a public hearing, continued from November 12th) Councilman Miller moved approval of Resolution No. 85-36, Series of 1985. Councilman Buick seconded the motion. Discussion followed. Councilman Miller stated that Council had received new language from the owners of the trailer park, that had been requested by Council, regarding the Mobile Home Parks section in the proposed Development Plan. Councilman Connell felt he needed more time to review the new language, before he could make a decision. The Mayor opened the meeting for public hearing. Attorney Jay Peterson, representing the owners of the mobile home park, approached the Council. Mr. Peterson stated that the original language basically stated that the most advantageous arrangement for the trailer park was for people to individually own, or long term lease, the small, individual lots. He had deleted this language, and in the part of the section that would be a continuing Town policy; if a mobile home lot was to be rezoned, then living arrangements would need to be addressed at that time. He stated there were no current plans to remove the trailer park. Other language he had deleted regarded a transitional period, during which mobile home owners would either purchase their lot or establish a long term lease which, according to the language, would give them a sense of well-being. He felt the language should not be included, and felt it was not a governmental function. He stated that the 3rd paragraph on page 18 was identical to the 1st paragraph on page 17, and felt it should be deleted. Council discussed where the burden of relocating the park residents should lie, if and when the park was rezoned. Discussion followed. Bonnie Fulton, resident of the trailer park, approached the Council. She felt Mr. Lamont's original language did not lock anybody into anything, and felt it told her the Town's position regarding mobile homes and diversity. She stated that the issue of where the right location was for a trailer park had to be decided fairly soon. She stated she would like the language to stay as it is, and felt it seemed to protect the residents of the park. Joanne Potter, resident of the trailer park, next approached the Council. She stated that Avon needs a diverse community, and felt -10- • • there was no place in Avon where people who are just starting out can afford to live. She stated that Avon needs people who want to live, work, and invest their money in Avon. She felt Avon needed low-cost housing. Ed Everett, resident of the trailer park, approached the Council. He stated that the issue should be dealt with now, not later on. He felt Mr. Lamont's language should be left in the document, to force progress in a certain direction. Councilman Miller recommended that Council approve the Master Plan, contingent upon staff review of the language that was presented and the comments that were made, and then review the document again before approval. Discussion, between Council and park residents, followed. The Town Manager felt Council needed to really look at the document closely and review it in detail at a work session. Councilman Wells agreed, and felt the language should be more generic. He stated the language has to be softened to be applicable to mobile home parks in general, and to what could happen, not so much what will happen. He felt the document should be reviewed in detail, and stated he would like to have Mr. Lamont go through the document and soften the language where it was too specific. A work session was scheduled, for December 3, 1985, from 5:00 to 7:30 p.m., to review the proposed Development Plan. Councilman Connell moved to table Resolution No. 85-36, Series of 1985. Councilman Wells seconded the motion, and it carried unanimously. The Town Manager reported on the Haralson & Associates' proposal for a ,feasibility study regarding a site for a water park. The study would determine sources of market support, project attendance levels, determine design period attendance levels, establish physical facility requirements and staffing structures, and prepare a financial analysis. The cost for this assignment was estimated at $15,000, plus out-of-pocket expenses, and would be completed within 30 days of authorization to proceed. Council directed Mr. James to check the company's references and report back to Council at the next meeting. The payment schedule would be: $2,500 fifteen days after authorization; $7,500 upon submission of the draft; $5,000 upon acceptance of the final report. Council agreed. No action was taken. The Town manager reported on the Ecomonic and Marketing Plan. Mr. James proposed the possibility of the Town going to the private -11- • • sector for funds to help finance the Economic and Marketing Plan. He stated he could possibly raise up to $20,000, from various businesses and organizations in the Avon area, to help pay for this type of study, which he felt would be of great benefit to the businesses and organizations in the area. He requested Council's authorization to pursue the matter. Depending on the total cost of the project, the Town would match whatever private sector funding could be obtained. Mr. James stated he would approach it on the basis of amount of contribution; for example, a $2,500 contribution would entitle that business to have a representative on a committee. He stated he would like to have two representatives from the Town Council on that committee, also. After discussion, Council appointed Councilman Miller and Councilman Watkins to serve on that committee, with Mayor Allan Nottingham as an alternate. The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #9. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Watkins moved approval of the General Fund Accounts Payable for November 26, 1985. Councilman Miller seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund Accounts Payable for November 26, 1985. Councilman Watkins seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the Reconciliation Sheet of Accounts Payable for November 26, 1985. Councilman Miller seconded the motion, and it carried unanimously. The minutes of the November 12, 1985, Council meeting were next presented to the Council. Councilman Miller moved approval of the November 12th Council meeting minutes. Councilman Connell seconded the motion, and it carried unanimously. Councilman Watkins requested that the titles "Councilman/Councilwoman" be used consistently throughout the minutes in the future. -12- • • Councilman Miller congratulated Pam Holmes, with the Eagle Valley Enterprise newspaper, on her one year anniversary covering Avon Town Council meetings. Councilman Miller discussed the possibility of a formula being drafted for determining impact fees. There being no further business to come before the Council, Councilman Watkins moved to adjourn the meeting into Executive Session. The motion was seconded by Councilman Miller. The Council adjourned into Executive Session at 11:10 p.m. -13- • • BEA VER CREEK. WEST Condominiums P. O. Box 5290, Avon, Colorado 81620 Outside Colorado 1-800-222-4840 November 26, 1985 Avon City Council Avon, Colorado Dear Council Members: Inside Colorado 1.303-949-4840 Please be advised that our nine member Board of Directors for the Beaver Creek West Condominium Association unanimously agrees on our Association's position regarding the proposed timehsaring for Lot 45 and/or Lot 46, which adjoin our property. Our Board has again directed me to reiterate our position to you via this letter. Being consistent with our earlier stated position, we are still opposed to timesharing on Lot 45 and/or Lot 46. The primary reason for this opposition is the same as it has always been. This is the fact that when we all bought our properties from the developer, we were promised that any condominiums built on Lots 45 and 46 would become part of our project, sharing our common element amenities, participate in the same management, and be used, operated and sold the same way as our properties. At the time we purchased our properties, we relied not only on the developer's promises as stated above, we also relied on the then current zoning on Lot 45 and Lot 46 (which remains the same as of today) which absolutely does not allow timesharing. Notwithstanding our position as stated above, we would be willing to support your possible decision to allow timesharing on Lots 45 and 46 if, and only if, you will give us equal consideration in the future should we decide to timeshare. We have no intention of timesharing at this time, and we are opposed to it at this time. However, if you decide to approve timesharing on Lot 45 and/or Lot 46, we would support such a decision only if we will be allowed to timeshare also. Again, this is only consistent with what we have always wanted; that is, that Lots 45 and 46 be a part of our project, operated, managed and sold the same way as ours. While we realize at this time that the current owners of Lots 45 and 46 refuse to be a part of our project and share in our management, we still hold hope that future owners will see the advantages and com- bine with us to be one and the same. However, if Lot 45 and/or Lot 46's i 0 Avon City Council November 26, 1985 RE: Timesharing - Beaver Creek West Page Two owners go their own way and timeshare while we are not timeshare properties, there will be no hope of the whole project being one and the same. We feel that our properties' values will never reach their full potential, until Lots 45 and 46 combine with us as we were promised when we purchased. Sincerely, Kent T. Kelly, Pre dent Beaver Creek West Condominium Association KTK:bd i 0 TO: The Honorable Mayor and Town Council FROM: William D. James,, Town Manager DATE: November 21, 1985 SUBJECT:Budget Changes 1) Sales Tax - Decreased by $60,000 as a result of applying to to utility rather than 40. 2) Recreational Maintenance Fees - Increased by $50,000 - Transit Operating Budget $340,300 times 35.80 Christie Lodge ridership $121,828 divided estimated number of lodge owners in 12/31/85 12,000 $ 10.15 per week 1986 Budget includes $10.00 per week. 3) Contingency - Increased by $10,900 - moved contributions of other agencies not related to marketinc, from marketing account to contingency. 4) Marketing - Reflects $30,250 contribution to the 1989 World Cuo. 5) Police _ Increased by $1,530 to purchase bullet proof vests for police officers. 6) Special Events - Decreased by $28,000--4th of July was taken out of the budget. 7) Transfer to other Funds - Transit-added $28,000 for night time bus service during ski season 8) Transit Fund - Increased by $28,000 for night time bus service. I will have justification for the to Amenities Tax available at the work shop. Also, you have a resolution to amend the 1985 budget. This resolution is a routine matter to reflect our revised revenue and expenditure estimates.