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TC Minutes 11-14-1995MINUTES OF THE-REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 14, 1995 - 7:30 P.M. A 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 Albert J. Reynolds at 7:30PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town Engineer Norm Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Town Planner Karen Griffith, and Director of Community'Development Mike Matzko, as well as members of the press and public. Citizen Input: V.A./U.S. Ski Team - Transportation Request (Liz Huppert) Mayor Reynolds announced that Liz Huppert would not be in attendance this evening. Citizen Input: Colorado West Mental Health (Ron Blake) Mr. Ron Blake, director of Colorado West Mental Health Center, requested Council's reconsideration of funding. Councilor Fawcett motioned to provide the Colorado West Mental Health with the sum of $2,500 for the calendar year 1996. Councilor Nottingham seconded the motion. With Councilors Benson, Carnes, Hines, and Yoder voting nay, the motion failed. Ordinances: First Reading of Ordinance No. 95-23, Series of 1995, AN ORDINANCE ADOPTING BY REFERENCE THE 1995 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF' Town Manager Bill James noted the last traffic code adopted was the 1977 version. This Ordinance will adopt the new 1995 version of the traffic code. The 1995 Traffic Code is available in the Town Clerk's _office~. Councilor Nottingham motioned to approve, on -first reading, Ordinance No., 95--23, Series :of _1995. Councildr;7Yoder seconded the motion. Police Chief Gary Thomas added there are some new laws,in the 1995 code that can be!charged' into municipal court rather than going to county-, ,court,` such.' as seat belt and 'insurance requirements`. Mayor Reynolds called for a roll call vote. The motion carried unanimously. i i Ordinances: First Reading of Ordinance No. 95-24, Series of 1995, AN ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION,.TO PUD,:FOR MULTI-FAMILY.RESIDENTIAL AND TIME SHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko informed this Ordinance would rezone all of Lots 45 and 46." The applicant is requesting the addition of 36 new time share units, which would be in addition to the 58 time, share and a reduction in the townhome units in the Lakeside Terrace Project.from.12-to 6. There are three procedural elements to.this project; 1) rezoning, 2) design, and the 3) subdivision process, which would eliminate the lot line between Lots'45 & 46, creating the new Lakeside Subdivision. The Planning and Zoning Commission (P & Z) has reviewed this conceptually, in a work session. If Council approves this ordinance this evening, the applicant will go before the P & Z on December 5th and return to Council on December 12th. Staff recommends approval of this ordinance on first reading. The applicants wish to get this completed before the end of calendar year 1996. The public will be notified of the P & Z's public hearings through the mailing process. Matzko noted the town's current parking regulations call for 1 parking space per 600 square feet of time share unit. If you take that strict interpretation, this project does not meet the parking requirements. ,The applicant is proposing that the town's parking plan is not realistic. Town Planner Karen Griffith informed the applicant has existing 36 garage or underground spaces, 84 surface spaces, and are looking for a total of 131 spaces when this would be built out. No additional underground parking is proposed. Planner Griffith will be reviewing the parking provisions for mixed use projects and with over 75 parking spaces they may qualify for a reduction by 15%. If that provision applies, the applicant may meet the parking requirements. Falcon Point currently has 58 units. With this being a PUD, Council may vary the standard guidelines. Councilor Nottingham stressed that the guidelines are "minimums". Mr. Stewart Olson, architect, displayed a model and presented the project. Mr. Olson informed Larry Ball is the developer and Points of Colorado is the owner and manager of Falcon I and will be of Falcon II. Ms. Holly Parker is an associate of Mr. Ball. The applicant's proposal is to eliminate part of the old recreation building, with the exception of the swimming pool, and build 36 new time share units. This will be a five story building, similar in scale to part I. Parking is still a delicate issue. Parking presently is at 1.5 parking spaces per unit. Parking proposed will be at 1.31 parking spaces per unit. Mr. Olson noted underground parking is desirable and very expensive. Mr. Olson estimated underground parking, if it is heated and ventilated, to be around $10,000 per space. Ms. Parker interjected $10,000 per space is a Denver price. Mr. Olson added that if it is a removed structure, covered, than it is a $10,000 deal. Ms. Parker stated Falcon I is approximately 55,000 square feet. There are 66 parking spaces and 58 units, making the ratio just over 1.14. Falcon I very clearly does not meet today's standards. Ms. Parker calculated there are 36 units proposed, each approximately 1,040 square feet, needing 62 parking spaces. All 36 units are two bedroom units. Ms. Parker noted occupancy is currently running around 60+% and expects to be at 980. Average occupancy is 88t. Ms. Parker informed the tunnel'will be removed and replaced by the proposed buildings. The tunnel is partially underground, rising approximately 6' to the main floor.- While the proposal is for 5-stories, you will only see a little over 4 stories, because of the sloping ground. 2 Ms. Parker stated she was required to get a 2/3 majority approval from existing Falcon I owners to do this project, as the owners are relinquishing some common ownership in the recreation building to build the additional time share units. Ms. Parker noted only four Falcon I owners, from several thousands, didn't like the project. Councilor Nottingham stated some views will be cut-off and asked if Ms. Parker was offering owners of Falcon I an opportunity to be first on line for Falcon II so that they get the better views, and to encourage them to support Falcon II. Is that an incentive to help them? Ms. Parker stated it was not viewed as an incentive. It was viewed as an opportunity. These units will be dramatically nicer. There is an active current program allowing owners to upgrade from studios to one bedrooms, etc. Falcon I owners are thought to be an opportunity when trying to sell Falcon II. Ms. Parker added the greatest number of requests-are- for the view down the valley and through the park, not the view of Beaver Creek. Councilor Nottingham thought the two bedroom units will garner two cars per unit, because it is easier for families to share a two bedroom unit. Councilor Nottingham mentioned the commercial space at Christie Lodge and the many times you-drive around looking for a,,parking space. Ms. Parker stated a person coming to Subway doesn't want to park in the garage, where there are always spaces for the residents of Christie. Ms. Parker said, "we will-not ,have any commercial spaces on our property, they are all residential spaces and that is where I perceive the greatest perceived problem of parking when in fact there is lots of parking, it's just not where people want it, if they are supporting the commercial". Ms. Parker informed she did a parking-.survey of Falcon Land a sister property that is owned in Vail. Ms.•Parker used this survey as the basis to question the Town's parking standards. Councilor Hines asked if Exhibit A, as presented, has been researched by P & Z. Matzko stated this has been presented to P & Z, however, it could be amended before it is forwarded to P & Z for final action. Councilor Hines motioned to approve, on first reading, ordinance No. 95-24, Series of 1995 and move that the Ordinance be referred to the Planning & Zoning Commission for study and recommendation. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Resolutions: Resolution No. 95-48, Series of 1995, A RESOLUTION APPROVING AND ACCEPTING.THE IMPROVEMENTS INSTALLED AND CONSTRUCTED, IN ACCORDANCE WITH AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOUNTAIN STAR SUBDIVISION AND ESTABLISHING WARRANTY PERIOD AND RELATED SECURITY DEPOSIT FOR SAID IMPROVEMENTS Town Manager James reminded that when Mountain Star subdivision was initially approved, the developers deposited with the Town, in escrow, an agreement for approximately $1 million. That provided for payment of certain improvements and provided security that those improvements would be made. There'is still a list of-improvements that need to be made or corrected in Mountain Star. The estimated amount of security deposit could be reduced from $1 million to $100,000. This Resolution, if approved, would establish the new escrow of $100,000. 3 Councilor Nottingham-motioned to approve Resolution No. 95-48, Series of 1995. Councilor Fawcett seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 95-49, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET Town Manager James stated the amendments to the 1995 budget are as follows: Public Works Fund Revenues from $1,709,439 to $1,717,177, Public Works Fund Expenditures from $5,753,595 to $5.,701,101 and Public Works Fund Balance from $332,701 to $392,933. General Fund, Debt Service Fund, and Wildridge Special Assessments Fund all remain the same. Councilor Yoder motioned to adopt Resolution No. 95-49, Series of 1995. Councilor Hines seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 95-50, Series of 1995, A RESOLUTION SETTING THE MILL LEVY Town Manager James announced the proposed 1995 mill levy for General Obligation, Bonds and Interest would be 8.823 mills for a total of $582,809 and for General Operating Expenses the mill levy would be 11.456 mills for a total of $756,857. Town Manager James added this represents a reduction of approximately 2 mills from 1994, in the General Obligation, Bonds and Interest Fund. Councilor Nottingham motioned to approve Resolution No. 95-50, Series of 1995. Councilor Hines seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 95-51, Series of 1995, A RESOLUTION'ADOPTING THE 1996 BUDGET Town Manager James announced the 1996 budget, to be adopted, is as follows: General Fund Revenues = $11,130,538, Expenditures = ($10,841,700), Transfer to Public Works Fund = ($282,230), Transfer to Debt Service Fund = ($479,318), Beginning Fund Balance = $2,299,543, and Ending Fund Balance = $1,826,833; Public Works Fund Revenues = $1,068,830, Expenditures = ($1,461,763), Beginning Fund Balance = $392,933, Reserve for Capital Projects = 0, and Ending Fund Balance = 0; Debt Service Fund.Revenues = $1,101,527, Expenditures ($1,101,527), Beginning and Ending Fund Balance = $250,836; Wildridge Special Assessments Fund Revenues = $105,131, Expenditures = ($114,760), Beginning Fund Balance = $79,014, and Ending Fund Balance = $69,385. Councilor Fawcett questioned the $75,000 for regional transportation in the proposed budget. Town Manager suggested tabling, under new business on the Agenda this evening, item D, the transportation service agreements. Appropriate language needs to be added to reflect that even though $75,000 has been appropriated in 1996, it will be disbursed in quarterly installments based upon the County meeting certain criteria to be established by the Council, i.e. County management plan of the regional system. Discussion followed on the regional transportation participation. 4 Councilor Nottingham asked what date does the budget have to be adopted - what is the deadline?, Town Manager James answered by December 31st. - Councilor Nottingham suggested opening the"meeting for public comment'on adopting the budget. Discussion continued on the regional transportation participation. Councilor Yoder felt •comfortable leaving the $75,000 appropriation, with the intention',of not spending•,it all and subject'to quarterly`-`review. Council concurred-with Councilor-Yoder. Mayor Reynolds asked for citizen comment. Mr. Ted Vigil and Mr. Peter Freiden, representing Cub Scout Pack 231, ask Council to reconsider funding. Councilor Nottingham motioned to support the Troop 231, Cub Scouts with $1,000 donation. Councilor Fawcett seconded the motion. The motion failed with Councilors Benson, Carnes, Fawcett, Hines, and Yoder voting nay. Councilor Yoder motioned•to adopt Resolution No. 95-51, Series of 1995. Councilor Benson seconded the motion. Discussion followed on the $6,300 for the Vail Valley Exchange / Sister City program. Councilor Nottingham amended the motion to withdraw or withhold the $6,300 for the Sister City until further exploration into_ what we are getting into. Councilor Hines seconded the motio. The amendment carried with Councilor Fawcett opposed. The motion carried unanimously. Unfinished Business: Admin. Dept. / Council Photograph Councilor Benson motioned that Council's photograph be a Gallery Finish of 16 X 20. Councilor Nottingham seconded the motion. The motion carried with Councilor Hines opposed. Unfinished Business: Admin. Dept. / Christmas Party Contract Council's consensus was to wait, for the night of the party, and if a lot'of employees leave, then open Cassidy's up to the public: Councilor Yoder motioned to authorize the Mayor to sign the contract with Cassidy's. Councilor Benson seconded the motion and the motion carried unanimously. Unfinished Business: Recreation Dept. / Gas Transportation Services Attorney Dunn informed that in paragraph 8, liabilities, there is a mutual indemnification and this indemnification would waive governmental immunity. Attorney Dunn recommended, if the contract-is approved by council, that the language in the last three lines of paragraph ;8 be deleted,.so•that paragraph 8 ' provides solely that-''!seller and buyer-assume full responsibility for the operation and maintenance of'their'respective equipment and facilities". Councilor Yoder motioned to-authorize the Mayor to sign the attached contracts with Public Service and H S ,Resources with the following change, for H S Resources delete the'final three lines under paragraph 8 regarding liabilities. Councilor Benson seconded the motion and the motion carried unanimously. Unfinished Business: Recreation Dept. / Fire Alarm Monitoring Service Councilor Benson motioned the Mayor sign the revised contract with Basset Alarm for the monitoring of the fire alarm system at the recreation center. Councilor Hines seconded the motion and the motion carried unanimously. Unfinished Business: Vail-Valley Foundation Contract / 1995 Chevy Trucks International Ski Festival & 1996 American Ski. Classic Town Manager James mentioned there should be a correction, on the second page, the third item down, that the number 1 should be changed to a 7. Councilor Yoder motioned to authorize the Mayor to sign the Vail Valley Foundation contract 1995 Chevy Truck Ski Festival and 1996 American Ski Classic subject to the change Bill mentioned. Councilor Hines seconded the motion and the motion"carried with Councilor Carnes opposed. Unfinished Business: T.C.I,. Cablevision %,-Franchise Extension Councilor Yoder motioned to authorize the Mayor to-sign the T.C.I. Cablevi'sion-Franchise Extension to January.'9, 1996. Councilor Benson seconded the motion and the motion carried unanimously.' New Business:- CME Agreement Councilor Fawcett, motioned to authorize the Mayor to execute an agreement for 30. days allowing CME to park on the Stolport property and access it by the town road and requested John Dunn draw up such a contract. Councilor Benson seconded the motion and the motion carried with Councilors Hines and Yoder-opposed. New Business: Conservation Trust Fund'Recertification Form Councilor Yoder motioned to authorize the Mayor to sign the Conservation Trust Fund Recertification Form. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Recreation Center Change Order #10 Councilor Benson,motioned to approve the Avon rec center. Councilor Yoder motion carried unanimously. the Change'Order #10 for seconded the motion and the 6 New Business: Transportation Services.Agreements / Arrowhead, Beaver Creek, Eagle County, Town of Vail Councilor Yoder motioned to table that,.as-per Mr. James' suggestion, to our next meeting. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Sewer Main Conveyance to Upper Eagle Valley Councilor Hines motioned to table the sewer main conveyance contract. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: 1996/97 Intergovernmental Agreement for Wildfire Protection & Eagle County Annual Fire Protection,Plan Councilor Yoder motioned to authorize the Mayor to sign the mutual aid agreement and the operating plan. Councilor Hines seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds announced he attended the intergovernmental coalition meeting the other day, with discussion that focused on* transportation. Mayor Reynolds announced he attended the CAST meeting and again the conversation was on transportation. Consent Agenda: a.) Approval of the October 24, 1995 Council Meeting Minutes b.) Resolution No. 95-52, Series of 1995,- A RESOLUTION APPROVING THE FINAL PLAT FOR THE RESUBDIVISION OF LOT 37, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO CJ Financial Matters Councilor Fawcett motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. Adjourn: There being no further business to come before Council, Mayor Reynolds called--.for a motion to; adjourn.: Couficilor'Benson moved to adjourn. The motion was seconded by Couricilor;Yoder. The meeting was adjourned by Mayor Reynolds at 9:53PM. Patty Neyh Town Clerk 7 RESPECTFULLY SUBMITTED: APPROVED: 8