TC Minutes 08-27-1991MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 27, 1991 - 7:30 P.M.
The regular meeting of the Avon 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 Jerry Davis at 7:36p.m.
A roll call was taken with Mike Bennett, Charlie Gersbach, John
Hazard, Tom Hines, Gloria McRory, and Albert Reynolds present.
Also present were Town Attorney John Dunn, Town Manager Bill James
Director of Engineering Norm Wood, Director of Community
Development Rick Pylman, Director of Public Works Larry Brooks,
Fire Chief Charlie Moore, Police Chief Art Dalton, Sergeant Gary
Thomas, Public Relations Officer Teresa Albertson, Town Clerk
Patty Neyhart, as well as members of the press and public.
The Mayor called for citizen in-put.
Mr. Rick McCutcheon representing the Avon Beaver Creek Resort
Association (ABCRA) gave an overview of the performances of the
Association; approx. 100 members, major special events
coordination, acting as Chamber of Commerce. Will be moving into
new offices next month. Keeping an open mind to the future.
Restructuring staff; have been approached by the Vail Resort
Association (VRA) to help with staffing by placing one
representative in the ABCRA.
Requested the Councils, direction in budgeting for 1992. Need to
see the "what happened and how it happened" from last year. Need
to see 1991 budget recap (all line items) and discuss further the
direction of the ABCRA as soon as possible. Most significant
funds come from Town of Avon of approximately $200,000, including
cash and in-kind.
There being no further Citizen Input, the Mayor closed that
portion of the Agenda.
First Reading of Ordinance No. 91-16, Series of 1991, AN
ORDINANCE AMENDING CHAPTER 17.24 MUNICIPAL CODE OF THE TOWN OF
AVON RELATING TO PARKING REQUIREMENTS FOR MEDICAL OFFICE USE.
Rick Pylman stated that the Vail Mountain Medical PC has applied
to change the municipal code, section 17.24.020C5A concerning
parking spaces for medical offices from 8 parking spaces per 1000
square feet of gross floor area to 5 parking spaces per 1000
square feet of gross floor area.
Staff research indicated that the Town of Avon parking
requirements are overly restrictive. The request as above is
still restrictive but more in-line with national standards. This
request will apply to any medical office in the Town of Avon,
existing or future. Planning and Zoning commission approved
request and staff recommends approval.
•
•
Susan A. O'Neil, Administrator of Vail Mountain Medical presented
a letter showing the change would be more than adequate, even on
the busiest day (see attached).
Mr. Bruce Savnik,
displayed a letter
regards to parking
Metropolitan area.
change would be coy
attached).
Director of Real Estate, Romed Corporation
he received from United Mortgage Company with
requirements of specific lenders in the Denver
The breakdown indicates that the parking
uparable if not a little more restrictive (see
Mayor Davis called for a motion.
Councilman Bennett moved adoption of ordinance 91-16, Series of
1991 on first reading. Councilman Reynolds seconded the motion.
The Mayor entertained a roll call.
Those councilmembers voting aye were Charlie Gersbach, John
Hazard, Tom Hines, Gloria McRory, Albert Reynolds, and Mike
Bennett. There were no nay votes. The motion was unanimously
carried.
Second reading of ordinance No. 91-15, series of 1991, A
ORDINANCE AMENDING ORDINANCE NO. 90-14 BY REDUCING THE RATE OF
INTEREST TO BE PAID ON ASSESSMENTS LEVIED AND COLLECTED WITHIN
LOCAL IMPROVEMENT DISTRICT NO. 1990-1.
Bill James stated last year we issued taxable bonds for
improvements to the Wildridge subdivision to install gas and cable
television and since that time interest rates have dropped
substantially on our taxable bond issue. Council authorized a
refinancing of that bond issue which has been taken care of. As a
result of that refinancing we are able to lower the interest rate
from 12% to 10.5%. The property owners per development right will
save between $22-$30 per year.
Mayor Davis opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
The Mayor called for a motion.
Councilman Reynolds motioned approval of Ordinance No. 91-15,
Series of 1991 on second reading. The motion was seconded by
Councilman Bennett.
The Mayor entertained a roll call.
Those Councilmembers voting aye were Tom Hines, Gloria McRory,
Albert Reynolds, Mike Bennett, Charlie Gersbach, and John Hazard.
There were no nay votes. The motion was unanimously carried.
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Next was Unfinished Business.
In reviewing the Avon Metropolitan District (AMD)/Mutual,.Consent-,
and Agreement, John Dunn stated the issue Is the assumption'of
water services by the Town as opposed to the operation of water
service function by the AMD. As history, AMD was,formed,before
the Town and by court decree AMD was empowered to provide two
municipal services; Fire Protection and Municipal Water Supply.
That was the function of the AMD from its creation in 1978 until
1990. As of January 1, 1990 by agreement between AMD and the
Town, the Town assumed the Fire Protection function. Before'that
there had been discussion from time to time of an outright
dissolution of the AMD. That was looked at intensively in 1989
and finally decided against for a couple of reasons. One reason
is because there are bonds outstanding it is not possible to
entirely dissolve the district. You would have to'continue to
have the Board,of Directors to certify the mill levy to service
the bonds. The other reason is there is a small piece of-the Town
of Avon which has Eagle-Vail Metropolitan District within its
borders, that is Eaglebend. Eaglebend is serviced by Eagle=Vail
Metropolitan District rather than by AMD so we have in that small
area an area where if the Town fully assumed responsibility for
water there would be in effect double taxation, double mill levy.
Consequently a decision was made in 1990 to have the Town assume
Fire.Protection and after that worked well, the recommendation was
made this-year both to the Council and the AMD Board to pursue the
same arrangement; to have the Town assume water supply services
just as the Town had assume the Fire Protection function
previously. Now, that would be an easy thing to do but for two
agreements that AMD had entered into over the years.
The first agreement that AMD entered into was an agreement with
Eagle-Vail Metro and to understand that agreement, we have to
discuss Nottingham Lake. Nottingham Lake is an augmentation
reservoir. It historically has been used to augment the flow of
water of the Eagle River to permit the municipal use of water out
of the Eagle River. The point of augmentation reservoir, the
point of Nottingham Lake is to equalize the water flow. Both
Eagle-Vail and Avon Metro are obligated by their water rights
decrees to augment the flow of water in the Eagle River. As we
are all aware Nottingham Lake has been used for a secondary '
function since the Town has been here which is a recreational
function but its principle legal function is an augmentation
reservoir. In 1983 an agreement was entered into between
Eagle-Vail and AMD to permit the reciprocal use of the Lake by
Eagle-Vail and Avon Metro with respect to storage for augmentation
purposes. So if Eagle-Vail needed to store more water they could
do so in the Lake and if Avon Metro needed to sore more water they
could do so in the Lake and in affect Avon Metro is using
Eagle-Vail's storage rights and Eagle-Vail is using Avon Metro's
storage rights. Mr. Dunn noted he is not a water lawyer and
hopes this explanation will suffice.
In any event, that is the first contractual relationship that
affects the decision to have the Town of Avon assume the water
supply function. The thinking originally was that it would be
necessary for Avon Metro to assign all its rights under- that
agreement with Eagle-Vail to the Town and there is a provision in
the Eagle-Vail agreement requiring the consent of Eagle-Vail for
such assignment. So that was the first problem we needed to deal
with.
Page 3
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do with the Regional Water Authority.
m had to
The second Sjon1ib
When the ReWater Authority was created in 1985 the storage
rights in Nottingham Lake were leased to the Water Authority and
the Water Authority inturn agreed to both maintain Nottingham Lake
and to sell water back to Avon Metro. That is the arrangement
that now exists between Avon Metro and the Water Authority. All
the water rights are leased to the Water Authority, the Water
Authority administers those water rights, treats the water and
sells the treated water back to Avon Metro. Once again, in order
to have the Town assume the water supply function it becomes
necessary for the AMD to assign its rights under that agreement
with ,.the Water Authority to the Town. Once again, there is a
provision in the agreement with the Water Authority requiring
consent to that assignment. First of all you have seen,-those of
you who have been on the council, the agreement that was prepared
to.provide for the assumption of the water supply function by the
Town. That agreement in June was taken to the Water Authority and
the Water Authority by motion consented to that agreement. Later
that same month we took the agreement to the Eagle-Vail Board and
Eagle-Vail likewise consented to the assignment but attached ,
conditions. And the condition that Eagle-Vail attached on the
assignment from Avon Metro to the Town was that Eagle-Vail in the
future could assign its rights under that 1983 agreement dealing
with Nottingham Lake to somebody else. Eagle-Vail said that what
they had in mind was they wanted to assign their rights under the
water supply agreement as its called to the Water Authority. So
the Water Authority in effect would have all these agreements
running to it. That caused some concern on our part. The
interpretation that we understand and have received from.Sherman &
Howard gives priority of storage in the lake to Avon Metro. The
Water Authority made a decision some time ago that it did not want
to use Nottingham Lake for augmentation. And entered,into a lease
with the federal government to augment the Eagle River flow from
Green Mountain Reservoir. That lease has been finalized for a
year or two and is assumed that there is a process under way to
change the water rights so that the Green Mountain augmentation
water in effect replaces Nottingham Lake augmentation water. So
we are now told by Jim Collins, who represents the water authority
of Eagle-Vail, that at this point the anticipation is that
Eagle-Vail would not need to call for water out of'Nottingham,Lake
more than one month every 75 years. So we are informed at this
point that the anticipated use in the future by Eagle-Vail-of
Nottingham Lake is diminished, is just nill. Another concern,
week before last we received a decision from the court of'Appeals"
affirming Judge Jones decision in the case brought by Avon Metro
against the Water Authority. Judge Jones decision was that the
obligation of the Water Authority to maintain Nottingham Lake
under the agreement with the Water Authority is limited to the
period of time that the Water Authority use Nottingham Lake for
raw water storage and not augmentation which is the purpose of the
Lake.
Faced with two things presently, the Water Authority has"-:"no:
obligation to maintain the-Lake except pursuant`to that period of
time (couple of years) that the Lake was used for raw water,
storage and in terms of percentages is on the small side. :The_
other thing that we are faced with is that neither the Water'
Authority, nor Eagle-Vail are going to have"the continuing use in
the future of the Lake for augmentation.
Page 4
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This brings us back to the Eagle-Vail consent of assignment and
questions raised as to what Eagle-Vail is assigning to the Water
Authority given the fact that they will not be using Nottingham
Lake for augmentation. At this point Nottingham Lake is solely an
Avon asset.
The Mutual Consent and Addendum document is somewhat academic at
this point. It could be signed by AMD, Eagle-Vail, and the Town
on the basis of which we would consent to the assignment of
Eagle-Vails rights under that agreement to the Water Authority but
with some conditions. And the conditions of those would be sort
of a quit claim, whatever rights they may have if any under that
agreement and if they in fact do receive considerations and do
sell those rights the Town would have first right of refusal to
protect its interest in the Lake. This is being forwarded to Mr.
Jim Collins but we have been told it is not acceptable.
What direction do we take now.
Discussion followed.
It was decided to meet in executive session to discuss further
possibilities.
Bill James updated the Council on the Northwest Colorado
Transportation Study. Down Junction is planned to be an
information/tourist center with the new forest service building
and will be designated on state maps, similar to the Eagle
information center status.
The Council then recessed at 9:05p.m. and reconvened at 9:22 p.m.
Next was New Business.
Bill James informed Council that the Berry Creek Parcel /
Intergovernmental Agreement has not been reviewed by Staff and
Town Attorney. Attachment to this agreement is another agreement
that would allow Avon to purchase the Berry Creek Parcel from
Vail, offering options. Recommendation is to review in a couple
weeks at next Council meeting. Councilwoman McRory stated their
next meeting is in September; we will review and let them know
prior to that meeting.
Bill James requested Mr. Don Orrell from the Avon Beaver Creek
Resort Association to come before council to request funds for
furnishing the new office. Mr. Orrell asked the Council for
$5,000 for office furnishings to include desks, chairs, lamps,
pictures, phone system, etc. These items will belong to the Town
and used by the Resort Association. The Resort Association
employees will be wearing a logo polo shirt as a relaxed uniform.
Page 5
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Councilman Bennett moved to purchase up to $5,000 for improvements
to the space that will be occupied by the Avon Beaver Creek Resort
Association. Motion-was seconded by Councilman Reynolds. Motion
was unanimously carried.
Councilman Bennett moved amendment to the purchase to not include
the phone system. Councilman Reynolds seconded the motion.
Motion was unanimously carried with amendment.
Next was the Mayor's Report
Mayor Davis received a written request from Mr. Frank Johnson for
Town of Avon to appoint a representative to help establish a
valley wide Commission on Special Events Committee to include
representatives from the Town of Vail; Town of Avon and Vail
Associates.
Discussion followed.
Mayor Davis asked for Councilmembers votes. Albert Reynolds, Mike
Bennett, Gloria McRory, and Tom Hines voted nay. ,
More discussion followed, with John Hazard volunteering to be the
representative for this committee.
Councilman Bennett moved to,.reconsider vote since John Hazard has
volunteered. .'Councilmarii.,Gersbach-seconded motion.; Motion tied
with,three nay-votes and three aye votes. 'Mayor,Davis.broke',tie
with an aye vote. Motion carried.
Discussion followed.
Councilwoman McRory nominated John Hazard as the Town of Avon
representative-to the Commission--on.Special Events Committee,
Councilman Bennett'seconded motion and was unanimously.carried.,`--
Mayor Davis appointed Councilmembers to various committees'. (See
Attached).
Mayor Davis scheduled a Council and Budget Retreat to be-set for
Tuesday, September 3, 1991, at 2:00 p.m. for Council and 5:00
p.m. for Budget. Town,Clerk will notify councilmembers of place
and confirm date and time.
The Financial Matters were next presented to Council.
Councilwoman McRory moved to receive items #1 and #2. The motion
was seconded by Councilman Bennett and was unanimously carried.
Page 6.
Councilwoman McRory moved approval of items #3 and #4. Councilman
Bennett seconded the motion and was unanimously carried.
Councilwoman McRory moved approval of the July 19', 1991 and August
13, 1991 minutes as presented. The motion was seconded by
Councilman Reynolds and was unanimously carried.
There being no further business to come before the Council,
Councilman Reynolds moved to adjourn. Councilman Bennett seconded
motion and the meting was adjourned by Mayor Davis at 10:36 p.m.
RESPECTFULLY SUBMITTED:
Patty Ne hart Town Clerk
Page 7
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VAIL MOUNTAIN MEDICAL. P.C.
181 WEST MEADOW DRIVE - SUITE 200
VAIL COLORADO 81657
TELEPHONE 13031 476-5695
6/18/91
This letter is to request a variance for parking restrictions
at 0071 Beaver Creek Place. The proposed change is from the
current requirement of 8 parking spaces per 1000 square feet
to 5 per 1000 square feet.
Attached you will find the figures that validate this
request. Please review this spreadsheet before continuing.
We are currently running a practice in Vail, Co. under the
corporate name of Vail Mountain Medical, P.C.. It is our
intention to move 5 of the 12 physicians practicing in Vail
to Avon. The figures we are providing reflect the patient
load for our busiest month of the year, March. As the same
physicians will be seeing patients in Avon, the figures
should be comparable.
During the month of March, our office hours were 8:00 an to
6:00 pm, a 10 hour work day. To arrive at the average number
of patients seen per doctor per day (column 6) divide the
total number of patients (column 4) by the number of doctors
(column 5). To further break down these figures, column 7
provides the number of patients seen by each doctor per hour.
For the month of March the average number of patients seen by
each doctor per hour was 1.66.
The Avon facility will need 9 staff parking spaces per day.
This will cover the three physicians, three nurses and three
business office personnel that will be working daily.
Although I mentioned 5 doctors will staff the office only
three will be on per day. If each of these 3 practitioners
sees 1.66 patients per hour, there will be approximately 5
patients in the office at a time, leaving 11 parking spaces
unused.
Realistically, all of our patients do not space their visits
so that 1.66 people come in per hour. Even if we see twice
as many patients in the morning as we do in the afternoon, 25
parking spaces will adequately cover our needs.
If you have questions regarding this request please call
myself or Dr. Freedman at 476-1800.
We look forward to serving the Town of Avon.
Sincerel ,
Susan A. O'Neill
Administrator
•
PATIENT LOAD FOR VAIL MOUNTAIN MEDICAL P.C. MARCH OF 1991
1 2 11 3 4 5 1. 6 7
'
'Av ppt.
date 1 scheduled walk in I totalf Dr. Av. pt Viper Dr.
patients , patients , , on per Dr. pr hour
Ist 53 -9 ~ 12.6 1.26
and 60 26 86 6 14.3 1.43
19 , 40 4 ; 10
3rd 21
4th 82 32 114 6.5 17.5 1.75
5th 1. 29 110 6 18.3 ; 1.83
5th 1. 81
6th 67 13 80 7.5 10.6 ; 1.06
11 lIl 5.5 20.1 - 2.01
7th 75 36
30 ~ 94 5.5 17 ~ 1.70
8th 64
9th 45 25 70 ; 5.5 12.7 ---+----.27
lOth----+----24--------+----23-----+--47---+-2-+-2332.35--------+---------------------------------------------------------------
1 b 5 17 g 1.78
11th 85 31 116
12th 88 , 30 ; 118 , 7.5 , 15.7 , 1.57
'
--------+--------------1 ~ 82 4.5 18 2 ~ 1.8-2----
13th 45 1 37
~ - 15 4 ; 1.54
14th 59 18 77 5
.m 1 38
15th 54 '
16th 14 8 1.48
56
17th 27 18 4 5
: 13 ~ 40 3 13.3 ~ 1.33
=
--------+--------------+-----------+--------+-5.5--+---i2-2----+;- 1.72
18th 60 35 95
---+---1--5---
19th 75 27 102 5.5 18.5
20th ; 69 32 ; 101 ' 4.5 ; 22.4 -_-+_--2_24
21st----±----56--------+=-----Z3 79
-----+------+-5-----+---15--$ ----+---1-58
93 ~ 4.5 20.6 ~ 2.06
22nd 56 37 +----------12.5 1.25
23rd 39 11 50 4 '
24th ; 29 16 , 45 : 3 15 1.5
-_------±--------------±-----------+--------+-5----+---26----
25th , 96 34 130 ' ----------2.6
26th 59 36 95 ; 5 11 19 1..90
_-+---1.75
27th 89 16 105 6 17.5
--------+--------------+-----------+--------+------+---13.---- t
1.38
28th ' 45 24 , 69 , 5 ,
------+-----------+---$3---+-4----+---20.7 ; 2 07
29th , 54 29
+-----------+---b2---+-3----+---20-6- ~ 2.06
30th ; 41 21 +-----6
+-----------+---23---+-2----+--- --5----; 1.15
31th 12 11
1700 Broadway a 2100
Denver, ColoraMM290-2101
Telephone: (303) 863-2720
Mailing:
1740 Broadway, Box 86
Denver, Colorado 80274-0086
United Mortgage Company
August 15, 1991
Mr. Bruce Savnik
Director of Real Estate
Romed Corporation
425 South Cherry Street
Suite 300
Denver, Colorado 80222
Re: Medical Office Building Parking Requirements
for permanent lenders
Dear Bruce:
Further to our recent telephone conversation regarding the parking
requirements associated with medical office buildings by permanent
lenders, please be advised that I have been fortunate to have
successfully arranged financing for several multi-tenant medical
office buildings in the ' Denver Metropolitan area. The specific
medical office buildings and the parking provided with each are as
follows:
1. AMI Health Care Plaza, located at the,Southeast-Southwest corner
of Arapahoe Road and South Jordan Road. Parking provided was 5
spaces/1,000 net rentable S.F.
2.•Rose Medical Plaza, located at the•Northeast corner of East 9th
'Avenue and Clermont Street. Parking provided was 5 spaces/1,000
net rentable S.F.
3. Fisher Medical Office Building, located on the campus, of the
Lutheran Medical Center•at 38th and Wadsworth in -Wheatridge,
Colorado. Parking provided was 4.2/1,000 net rentable S.F.
4. Harvard Park (East and West) Medical Office Buildings on the-
campus of Porter Memorial Hospital. Parking provided was 4.81
spaces/1,000 net rentable S.F. In this particular case, 'the
financing,.was not completed, although two separate, permanent
mortgage lenders provided loan applications for the Borrower's
pursuance.
5. Fox Ridge Medical Plaza, located at the Northeast corner of
South Holly Street and East Phillips Avenue, in Littleton,
Colorado. Parking spaces provided was 4/1,000 net rentable S.F.
Mr. Bruce Savnik
Page Two
In addition to the above referenced properties, I have had the
opportunity to pursue financing for an additional two to three
medical office buildings. In each case, the parking that was to be
provided was in the 4 to 5 spaces per 1,000 net rentable S.F.
range. Permanent lenders require a minimum of 4 spaces per net
rentable square feet. The preference, however, is for 5 spaces per
net rentable square feet of area. Obviously, the closer a
developer or property owner can get to the preferred 5 spaces per
1,000 S.F. of net rentable area, the better. However, many sites
for•medical office buildings are not large enough to accommodate
the preferred parking ratio. In those cases where the parking
provided is closer to the 4 spaces/1,000 net rentable S.F., the
permanent lenders also view street parking, to some degree, to
compensate for the on-site shortfall.
Following your review of the above information, please do not
hesitate to call if I may be of further assistance.
Sincerely,
Gregory T. Fenjamin
Vice President and Manager
Commercial Loans
/ddl
1)
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M E M O R A N D U M
TO: File
FROM: Bruce Savnik
SUBJECT: Zoning Requirements for Parking
DATE: August 14, 1991
Denver:
General Office Space 2/1000
Medical Office Space 3.33/1000
Retail Office Space 5/1000
Aurora:
General Office Space 3.33/1000
Medical Office Space 4.44/1000
Retail Office Space 5/1000
Lakewood:
General Office Space 4/1000
Medical Office Space 4/1000
Retail Office Space 4/1000
Boulder:
General Office Space 3.33/1000
Medical Office Space 3.33/1000
Retail Office Space 3.33/1000
Greenwood Village:
General Office Space 3.33/1000
Medical Office Space 3.33/1000
Retail Office Space 6.66/1000
Centrum Building: 3.6/1000
8200 E. Belleview Avenue
Englewood, CO
Greenwood Medical Center: 3.87/1000
7180 E. Orchard Road
Englewood, CO