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TC Minutes 08-26-19860 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD AUGUST 26, 1986 - 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 Nottingham called the meeting to order at 7:50 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works, Parks and Recreation Larry Brooks, Police Chief Joe Olson, and members of the press and public. The Mayor called for Citizen Input. Mark Donaldson, Building Chairperson for Echo Ranch, Inc., approached the Council. Mr. Donaldson reviewed the proposed construction and development of the Echo Ranch, Inc., foster home for the county's troubled teenagers. A concerned citizens group had begun work two years ago. The home would have five bedrooms, two baths, and would house ten children. The County Commissioners have given their approval, and a grant of $70,000 in matching funds to renovate the existing structure. The Commissioners have also given a 99-year lease, at $1.00 per year, on the Thomas Ranch located between Eagle and Gypsum. Mr. Donaldson stated that, once occupied, Echo Ranch would be unique, in that the costs of ongoing operations would be provided by foster care funds from the Department of Social Services. He stated that work on the structure should be completed by the end of January. The project has received tremendous community support; not only in funds, but in in-kind services and contributions. Mr. Donaldson requested that the Town of Avon contribute approximately $6,000 to assist in completing the project. This would not become an annual request, it would be a one-time commitment, and the money would be used for completion of the structure, as stated. September 28, 1986, was noted as being the date for groundbreaking ceremonies, and Mr. Donaldson extended a personal invitation to Council to attend. Sue Brown, Fund Raising Chairperson, approached the Council. She stressed the need for help for such a worthwhile project, stating they have approached seven municipalities for contributions. Mr. • Donaldson asked for the Town's consideration of the donation at budget time. Councilman Miller stated it was along for some time, and suggested plan of the budget being submitted. Councilwoman Davis complimented the done so far. The Mayor thanked Ms. Brown presentation. requested one of the best ideas to come the possibility of a detailed group and the work they have and Mr. Donaldson for their A discussion of the Town's participation in the National Flood Insurance Program was deleted from the agenda, as Mark Matulik did not appear. Second reading of Ordinance No. 86-18, Series of 1986, AN ORDINANCE DEFINING "ABANDONED 'BUILDINGS"; DECLARING ABANDONED BUILDINGS TO BE A NUISANCE; AND PROVIDNG FOR THE ABATEMENT THEREOF.' This was a public hearing. The Town Attorney stated it was his opinion that the Town, under its police powers, has the authority to adopt the ordinance, as submitted. The Mayor opened the meeting for public hearing. There being no one to be heard, the Mayor closed the hearing. Councilman Miller moved approval of ordinance No. 86-18, Series of 1986, on second reading. Councilman Connell seconded the motion. Those Councilmembers voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Don Buick, and Al Connell. There were no "nay" votes. The motion carried unanimously. Second reading of Ordinance No. 86-19, Series of 1986, AN ORDINANCE REPEALING ORDINANCE NO. 86-15 AND AUTHORIZING THE OBLIGATION OF THE TOWN TO ACQUIRE A PORTION OF LOTS 22, 23, AND 75, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, FOR USE BY THE TOWN FOR PARKING PURPOSES. This was a public hearing. Mr. James reviewed the ordinance, the revised Developer Agreement, and the land contract for the proposed Shopping Center with Council. He stated that the one matter of concern to the developer that remained was in regard to the performance deposit. Councilman Miller moved approval of Ordinance No. 86-19, Series of 1986, on second reading. Councilwoman Davis seconded the motion. The mayor called for discussion. Ted Bendelow, Developer for the proposed Shopping Center, -2- approached the Council. He stated that there was a provision in the agreement for a $100,000 non-refundable deposit, payable today. He felt the provision was inappropriate, due to the fact that the two major events that would occur between now and December 15th were uncontrollable. One of these events was an anchor tenant's decision to take space in the center, and the other was the permanent financing. Mr. Bendelow stated that great effort and a considerable amount of money had been spent so far to accomplish these established goals, but he could not agree, either economically or psychologically, to put $100,000 on the table and know that it would be gone. He stated he had no objections to posting the money now, as long as it would be returnable if the anchor tenant and the financing could not be arranged. He also stated he would be agreeable to the money being a performance bond, to stay with the Town until they, as developers, met all the obligations under the Developer Agreement. Mr. Bendelow stated that their pursuit of permanent financing would be delayed until this matter was resolved. Councilwoman Davis asked if he would be amiable to Council considering the deposit under the condition that, if the anchor tenant and the financing did not become a reality, the Town would return the deposit less direct expenses not to exceed $25,000. Mr. Bendelow stated he would have to to think about that proposal. Councilman Watkins stated that the Town was taking a chance in dealing exclusively with one developer; it would be difficult to determine what financial detriment might be incurred as a result. He stated he would be willing to go along with some sort of compromise. He stated that, at some point in time, the Town has to receive a financial commitment from the developer. Councilman Buick agreed that the developer has to make a commitment. Councilman Connell suggested that the developer submit a check for $100,000, and, if the anchor tenant and financing can not be completed, the Town would take all direct expenses plus 10% of the total amount. Mr. Bendelow stated he would have to think about that suggestion, also. Lengthy discussion followed. Councilman Miller moved to table this matter until later in the meeting. Councilman Buick seconded the motion, and it carried unanimously. First reading of Ordinance No. 86-20, Series of 1986, AN ORDINANCE AMENDING ORDINANCE NO. 85-3 TO CAUSE AMENDMENT OF THE ZONING OF THE ZONING MAP OF THE TOWN OF AVON AS IT PERTAINS TO THE YACHT CLUB SUBDIVISION, A SPECIALLY PLANNED AREA. -3- 0 • Norm Wood approached the Council. He stated that the Roupp Group has applied to the Town for approval of a site plan for a Specially Planned Area, commonly known as the White Property, located between Highway 6 and the Eagle River just east of the Avon Road intersection. The site plan divides the White Property into three distinct parcels. Lot 1, located at the eastern portion of the property, has an area of approximately 1.3 acres. The developer was requesting assignment of 20 development rights, with allowed uses consisting of time-share condominium/hotel, and limited commercial uses consisting of retail shops, restaurant, and office space. Maximum commercial area would be 14,500 sq.ft, maximum building area ratio would be 70%. Minimum parking requirements were per the zoning code, with the exception that the project was not required to be on the Town's bus route to qualify for the 15% parking reduction. The maximum building heights were not to exceed 7,540 feet in elevation. Lot 2 was the western portion of the property, consisting of 0.3711 of an acre. The assigned density was 8 residential development rights, with allowed uses of time-share and condominiums, with development rights that may not be fractionalized. The maximum building area ratio was 50%, minimum open space was 25%, and maximum building height was not to exceed 7,500 feet. The third parcel was Tract A, consisting of 1.92 acres. Allowed uses would be open space, with exceptions being picnic tables, shelters, and seating areas. Mr. Wood stated that the Planning and Zoning Commission, following their public hearing, adopted Planning and Zoning Commission Resolution No. 86-3, recommending Council approval of Ordinance No. 86-20 subject to the stated conditions (see memorandum attached to these minutes). It was stated that the height of the building on Lot 1, on the back side, was approximately 90 feet from the very lowest point to the very peak of the roof. Eric Roupp reviewed the project site plan with Council. Terrill Knight, Coordinator/Planner, approached the Council. Mr. Knight reviewed the history of the land, and also reviewed the site plan, with Council. Mr. Knight stated that the architect for the project was will Trout. The graphics and design work was done by computer. Mr. Knight stated that Lot 2 was for conceptual approval, only. Tract A would be used for public use and maintained space. However, there was some discussion as to what extent that public use would occur until the developer has more confirmed plans. He requested that the developer be in control, but still allow public access. -4- 0 • Councilman Watkins was concerned about the eight-plex on Lot 2; he felt the lot was not large enough to handle the high density. He felt that much density would not be appropriate. He asked if it would be possible to have a bike path that would run from the west end to the east end of the Tract A portion. Mr. Knight stated that, after studying the area, a bike path was inappropriate, but they were proposing public use and a hiking trail. Councilwoman Davis was concerned about the high density on Lot 2, as well as on Lot 1. It was stated that construction would begin in the spring, and that financing was in the final stages. Councilman Watkins asked what the total number of units in the project would be. It was stated there were a total of 28' units. The Mayor called for a motion. Councilman Miller moved approval of Ordinance No. 86-20, Series of 1986, on first reading. Councilman Buick seconded the motion. There being no further discussion, the Mayor called for a roll call vote. Those Councilmembers voting "aye" were Steve Miller, Sheila Davis, Al Connell, Gloria McRory, and Don Buick. Councilman Clint Watkins voted "nay". The motion carried by a 5 to 1 vote. At this point, Councilman Miller moved to bring Ordinance No. 86-19 back before Council for further discussion. Councilwoman Davis seconded the motion, and it carried unanimously. The Mayor stated that an amendment and the dollar amount in the Developer Agreement were up for further discussion. Ted Bendelow returned to the podium. He stated he did not agree with the suggestions made by Council earlier. He stated that, if he was unable to perform, and the Town received "X" amount of dollars, the Town would double recover; the Town would not only receive the money from him, but would also receive the benefit of all the work already put into the project. He stated that, in the spirit of resolving the matter, he would be willing to put up $20,000, instead of the amounts mentioned earlier by Council, until the day the anchor tenant receives a Certificate of Occupancy. At that point, the $20,000 would be returned to the developer. He stated that, if he was unable to perform between now and the specified date, the Town would acquire the $20,000. Councilman Connell stated that the Town had already been through a situation with another developer in which the project never got off the ground. Mr. James felt the developer's proposal was a reasonable offer, and felt it would be a fair split. Councilwoman Davis was willing to accept the $20,000 offer, but -5- 0 felt there would be a stigma involved in trying to sell to another developer, if this developer fails. Lengthy discussion followed. Mr. James summarized the conclusion of the discussion. On August 26, 1986, the agreement would be executed, and the Town of Avon would take delivery of the $75,000 deposit. Of the $75,000, $20,000 would be non-refundable, under certain conditions. On December 15, 1986, the developer would be required to deposit another $25,000 with the Town. If the developer performs satisfactorily throughout the entire project, and meets all the dates as per the performance schedule (Exhibit B), the developer would then receive the entire $100;000 back. If the developer fails to perform according to the schedule, the Town would retain $20,000 for expenses. Councilwoman Davis moved to amend the agreement and Exibit "B" under the terms and conditions outlined above and, on page 14, Section 11, subparagraph B, delete the words, "and without the notice otherwise required by this agreement". Councilman Miller seconded the motion to amend the agreement, and it carried unanimously. The Mayor opened the meeting for public hearing. As there was no one to be heard, the Mayor closed the hearing. He then called for a roll call vote on the earlier motion to approve second reading of the ordinance, No. 86-19. Those Councilmembers voting "aye" were Clint Watkins, Sheila Davis, Steve Miller, Don Buick, Al Connell, and Gloria McRory. There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 86-21, Series of 1986, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. Mr. James stated that Colorado National Leasing came in with a good interest rate. He requested that they close into escrow about a month before the bus would be delivered, to insure that the money would be available for payment to the bus company. Councilman Connell had concerns over where the funds would be coming from for a new bus, and felt the Town would be leaving other programs in limbo because of the lack of funds. He stated that some concerned citizens, in Wildridge, were questioning why there was not bus service to Wildridge. Councilman Watkins stated that this new bus would not necessarily service the tourists. The only change would be that it would provide pick-up, from doorway to the base of the mountain, for people living on West Beaver Creek Blvd. Using the big buses to carry tourists staying at Christie Lodge, Avon Center, etc., the service to those people would still stay the same if a new bus was not purchased. He stated the Town was looking at $55,000 out of -6- 0 • next year's budget to provide service to that one small segment of the Town. He felt that Council should not make the commitment until the budget was reviewed, to see if there would be funds available for other programs. Mr. Wood stated that maintenance for the 3 small buses, for next season, would run approximately $3,000, each. He stated that one of the benefits of a new bus would, be that the 3 smaller buses cc.,ild be kept in the valley, and not on the mountain. He felt that maybe this would enable the Town to use them another 2 years at the most; without the new bus, the smaller buses would have to be rotated. Councilwoman Davis stated that, in her opinion, with Wynfield Inn coming aboard this year, the new bus would be an investment, and may extend the life of the 3 smaller buses. Councilman Connell stated that the Town may consider deleting the bus service all together. He felt it was an enormous expense. Mayor Nottingham felt that the Town has committed itself. He stated that the Town has established a level of service in the past that brings visitors back to the area year after year. They pay sales tax in the Town. He felt that the Town needs the bed tax to help support the level of service. Councilman Miller suggested that the Town propose to Vail Associates some sort of subsidizing for bus service, such as fuel, maintenance, drivers, etc. Councilman Connell suggested that Council look at the commitments the Town has to date, then decide if the Town should purchase a new bus. After further discussion, Councilman Buick moved approval of Ordinance No. 86-21, Series of 1986, on first reading. The motion was seconded by Councilman Miller. The Mayor entertained a roll call vote. Those Council members voting "aye" were Steve Miller, Sheila Davis, and Don Buick. Those Council members voting "nay" were Clint Watkins, Al Connell, and Gloria McRory. There being a tie, the Mayor voted in favor of the purchase of a new bus. The motion carried. The Town Attorney's Report was next presented to With regard to the Television Translator System, stated that more work should be done on the attorney Art Abplanalp. He also suggested that note of the individuals involved that are matter. After discussion, Council concurred should be revised. Council. Mr. Art Kittay letter drafted by the letter make in support of the that the letter Mr. Dunn reported on the Peregrine Project litigation. District -7- 0 Court had entered an order, on July 24, 1986, granting the Town a priority over all other liens. It would not be final until May of 1987, when District Court would make the determination of Right of Redemption. He stated that the Town's new problem was that on July 25, 1986, attorneys for the FSLIC filed a motion to dismiss the entire proceeding. The FSLIC became receiver for State Savings, the lead lender for Peregrine, in April of 1985. This appointment as receiver was the basis for their motion. Mr. Dunn stated that, in their motion to the court, the attorneys were arguing that because of its appointment as receiver, the FSLIC now has exclusive jurisdiction over all claims, whether they are minority or priority or whatever, with respect to the Peregrine Project. They were taking the position that Eagle County had no jurisdiction to continue the case. Mr. Dunn stated that, after researching the matter further, the difference between the Bankruptcy statute and the Savings and Loan statute was that the Savings and Loan statute does not deal with pending proceedings, whereas the Bankruptcy statute provisions have a Stay procedure. Mr. Dunn stated that the FSLIC was winning these motions. They were relying on a primary-case that was decided in just May of this year. They are also relying on two other cases in Colorado District Court. Mr. Dunn felt it would be a gross injustice if the procedures were dismissed after a year and a half in the courts. He suggested that Mr. James contact Mike Strang's office, in Washington, D.C., and recommended that the motion be resisted by the Town. Mr. James reported on the School Facility, and the construction costs the Town's position would involve. The building would be approximately 11,614 square feet. The cost for this square footage would be around $850,000, plus 10% for moveable equipment, bringing the estimated amount to $950,000. There would also be another $120,000 or so needed for capitalized interest and Bond Counsel fees, for an approximate total of 1.1 million dollars. Mr. James stated that Council was faced with deciding whether the Town should put that kind of money into a facility at the school, or put a building in front of the water treatment plant and, that way, be able to proceed at its own pace. There was to be School Board meeting on August 27, 1986, at which a resolution would be proposed that would establish a Bond Issue that would then be put up for an election in October. With regard to financing, Mr. James stated that the Town would propose to the School Board a contribution in terms of grounds maintenance, irrigation, and snow removal on Tract P. These services would be equivalent to around $60,000. The Town would maintain Tract P for -8- the next twenty years in exchange for the school putting in the facilities. Mr. James stated that, in the long run, it should be more beneficial to the School Board. After discussion, Council agreed to approach the School Board on the above proposal. Mr. James reported on employee salary adjustments for 1987. He suggested eliminating the ski ticket reimbursement program entirely. He stated that, if the Town gave a 3% salary adjustment to all employees at the beginning of the year, it would amount to $25.00 per pay check, or around $17.50 net after taxes. He stated that the ski ticket program provides $175 for each employee. $25 to each employee for purchase of a Vail Valley Card, and the remaining $150 for reimbursement of the cost of ski tickets, based on the following percentage scale: lst year, 25%; 2nd year 50%; 3rd year, 75%; 4th year 100%; up to $150 per employee per year. He stated that about half the employees took advantage of the program. Given these facts, Mr. James proposed to pay all employees the ski ticket reimbursement amount of $175 on 12/1/86. In addition, all employees would be paid a flat amount for 1987 salary adjustments, in the amount of $475.00, on 12/1/86. This would result in a 1.9% increase in total annual salaries over 1986. In terms of 1986 budget impact, it would be around $15,000, depending on the amount of ticket reimbursement requests in November and December. Mr. James felt it was a fair solution to salary adjustments for 1987, and stated it would be a one-time event. He stated that the money would come from cost reductions in 1986 departmental budgets. Mr. James requested authorization to amend the 1986 General Fund budget to include a one-time salary adjustment of $650.00 per employee for fiscal 1987, and to disperse the funds around 12/1/ 86 . Council suggested giving employees the option of receiving the money on 12/ 1/ 86 , or on l/ l/ 87 . After discussion, Councilwoman Davis moved approval of the Town Manager's proposal for 1987 salary adjustments, including giving employees the option to get their check in 1986 or in 1987. Councilman Watkins seconded the motion, and it carried with Councilman Miller opposing. The Financial Matters were next presented to Council. Councilman Miller moved to receive items #1 through #9. Councilwoman Davis seconded the motion, and it carried unanimously. Council discussed Jim Lamont's statement. As there was concern -9- 0 0 over the number of hours charged to the Town, it was suggested that a base rate be established for Mr. Lamont's review of plans, and anything over that would have to be approved by the Town Manager. Councilman Miller moved approval of the General Fund Accounts Payable for August 26, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. Councilman Buick moved approval of the Transit Fund Accounts Payable for August 26, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. Councilman Buick moved approval of the Reconciliation Sheet of Accounts Payable for August 26, 1986. Councilman Connell seconded the motion, and it carried unanimously. The minutes of the August 12, 1986, Council meeting were presented to the Council. Councilwoman Davis moved approval of the August 12th meeting minutes, as presented. Councilman Buick seconded the motion, and it carried unanimously. Councilman Watkins stated he received a letter from the Northwest Colorado Council of Governments requesting a $500 contribution from the Town, to be used for updating a video tape on the general issue of transmountain water diversion. Councilman Watkins suggested that Council consider this request at budget time. Councilman Miller expressed his, and hopefully the Council's, appreciation for the excellent job done by Town staff on the Balloons, Bluegrass event. He also encouraged Council to attend the Avon Fall Sports Festival event, coming up this weekend. Councilman Connell stated his appreciation to the Police Department for their concern for, and help to, a child in distress. There being no further business to come before the Council, Councilman Buick moved to adjourn. Councilman Connell seconded the motion. Mayor Nottingham adjourned the meeting at 11:37 p.m. -10- APPROVED: -11- 0 M E M 0 TO: Honorable Mayor and Town Council Members FROM: Planning and Zoning Commission DATE: August 20, 1986 RE: SPA Site Plan - The Yacht Club Ordinance 86-20 The Planning and Zoning Commission held a public hearing on August 19, 1986 regarding the proposed SPA site plan for The Yacht Club. Following the public hearing, the Commission adopted Planning and Zoning Commission Resolution No. 86-3 recommending Council approval of Ordinance 86-20 subject to the stated conditions. This recommendation for approval was based upon: 1. The proposed SPA site plan and designated zoning criteria is compatible with the surrounding area; a. Properties within the town boundary adjoining The Yacht Club on the north and south are currently zoned SPA; property immediately to the east is zoned neighborhood commercial; 2. The proposed SPA site plan is in harmony with the character of the neighborhood; a. The proposed development is along Highway 6 near the main entrance to Beaver Creek. The proposed site plan provides a transition between Eagle-Vail, Beaver Creek and the core area of Avon; b. The area along the Eagle River is designated as open space. This creates possibilities for a distinct separation or a natural transition from the proposed development and existing or future development to the north; 3. The proposed development would generally have a positive effect on the immediate area; a. The proposed zoning provides an opportunity for development that does not exist under current regulations; b. The proposed development provides an opportunity for the Town to acquire open space along the Eagle River for possible future development as a river front park; 0 0 Memo to Mayor and Town Council From Planning and Zoning Commission August 20, 1986 SPA Site Plan - The Yacht Club Ordinance 86-20 Page 2 of 3 4. The proposed SPA site plan will have a positive effect upon future develop- ment of the area; a. The creation of additional and varied housing and commercial space expands economic opportunities in the area creating a basis for additional development; b. The proposed SPA site plan provides for public pedestrian access and possible future development of river front park along the Eagle River; 5. The exceptions from the zoning ordinance requirements and limitations are warranted by virtue of the design and amenities incorporated in the site plan; a. The 70% building area ratio is warranted by the inclusion of underground parking and recreation facilities; b. The exception to the requirement of being on a Town bus route to qualify for up to a 15% reduction in parking requirements for Lot 1 is justified by the percentage of covered parking to be provided; 6. Land surrounding the proposed SPA can be planned in coordination with the proposed SPA; a. The surrounding undeveloped properties have a variety of options for development including a wide range of commercial and residential uses which can be coordinated with the proposed development; 7. The proposed SPA site plan is in conformance with the general intent of the Master Plan and general zoning ordinance; a. The proposed SPA site is located in Development District Five as defined in the adopted DEVELOPMENT GOALS, POLICIES AND PROGRAMS FOR THE TOWN OF AVON, COLORADO; b. The proposed SPA generally conforms with the adopted Goals, Policies and Programs for Development District Five; c. Excerpts from Goals include: I.A. 1 Encourage the expansion of residential density for both short and long term occupancy,.... I.A. 3 Promote the development of non-residential uses provided that they are compatible with surrounding residential uses.... Memo to Mayor and Town Council From Planning and Zoning Commission Auaust 20, 1986 SPA Site Plan - The Yacht Club Ordinance 86-20 Page 3 of 3 II.A. 1 Encourage the development of a wide variety of residential housing types,.... V.A. 6 Promote an urban townscape that provides for structures, on the same or adjacent sites, of varying heights from low to high profile, that incorporate and establish a pedestrian scale; significant landscaping, continuous interior and exterior public malls; interconnected covered, centralized parking, enclosed atriums, and interior open space; community recreational, educational and cultural facilities; 8. The existing and proposed streets are adequate for the proposed development; a. Access to the site is from Highway 6. Approval of all development plans would be contingent upon obtaining an access permit from the Colorado Department of Highways; 9. The existing and proposed utility services are adequate for the proposed development; a. Letter of July 15, 1986 from David L. Krenek, P.E. of Upper Eagle Valley Water and Sanitation Districts indicates that water and sewer service is available for the proposed development; b. Letter of July 15, 1986 from Holy Cross Electric Association, Inc. indicates that electric power is available for the proposed development; 10. The proposed SPA site plan creates a desireable environment; a. The proposed development provides an area of open space and public access to the Eagle River; 11. The proposed SPA site plan makes it possible for the creation of an innovative and efficient use of the property; a. The proposed building area ratio provides for structured parking to increase useable open space area; c. The varying building heights provides design interest, helps maintain a pedestrian scale and opens view corridors for adjoining properties. NW/mml