TC Minutes 11-24-1981MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD NOVEMBER 24, 1981 - 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held
in the Municipal Building in the Council Chambers.
The meeting was called to order by Mayor Alpi at 7:45 p.m. A roll call was taken with
the Councilmembers in attendance with the exception of Larry Kumpost and Sheila Davis
who was absent. Also present were Town Attorney John Dunn as well as members of the
press and public.
First on the agenda was Don Buick with Avon Center at Beaver Creek. He was requesting
a Condominium Map approval for phase I.
Be it noted that A.J. Wells stepped down.
The Town Attorney stated that he had reviewed all the documentation in connection with the
submission of the plat and the Condominium Declarations, Articles and by-laws of the
Homeowners Association. The requested changes had been made and at that point, would be
subject to the submission of an Agreement with respect to parking, concerning parking on
phase II for commercial space on phase I. The Attorney recommended to the Council that
the plat be approved contingent upon the approval of the Agreement with respect to parking
on phase II. This Agreement would be the undertaking of Avon Center which would protect
Village S.A., a mortgage holder on the lots-, comprising of phase II and would also protect
the tenant.
Phillip Johnson, Attorney for Avon Center at Beaver Creek approached the Council.
He stated that he and the Town Attorney agreed to the following wording in regards to the
Agreement.
Avon Center at Beaver Creek agrees to file a convenant which would run with the land, which
would state that Avon Center at Beaver Creek which ownes the land of Lots#A,B, which is
phase I and II, would covenant that, if the ownership of those two lots would ever be
divided, that the new owner of phase II would not be burdened with the parking for the
benefit of Lot#A and that than the owner of Lot#A, at the time of such division of
ownership, would be able to provide parking for, aside from Lot#B, in other words, parking
some place other than Lot#B and if it can't come up with enough parking on Lot#A on other
pieces of property to satisfy the Town's parking ratio requirement, that it would cut
back on the commercial use until it was in compliance with that ratio.
After Discussion Steve Erickson moved approval of the Condominium Map for Avon Center at
Beaver Creek phase I contingent upon the Town Attorney approving the covenants and the
language therein. The motion was seconded by Bill Doyle and was carried with A.J. Wells
abstaining.
Les Shapiro with Vail Art Center approached the Council. He was requesting a Special Review
Use Approval for his project on Lots#26,27,28, Block#l Benchmark at Beaver Creek. Mr.
Shapiro stated the name of the project had been changed to Design Center at Avon. He
stated that there is 100,000 sq.ft. of condominiumized commercial space. The building
would be devoted to building arts. The first floor would be wholesale, retail, plumbing
fixtures supplies, lighting fixtures, carpeting, tile, the second floor would be decoraters,
architects, the third floor would be attorneys, offices, and the fourth floor would be
a restaurant and a health club.
There was discussion whether Mr. Shapiro be granted a preliminary or final approval of the
Special Review Use.
After discussion Steve Erickson made a motion to approve the request on a preliminary basis
which was amended.
There was additional discussion regarding the applicant returning to the Council for Special
Use Permits.
A.J. Wells moved approval of the request of the Design Center at Avon to have Special Use
allowing a bank, retail and offices on the first floor, restaurant and health club on the
fourth floor and retail and general offices on the third and second floor so long as they
comply with the Town's parking requirements and all other general requirements relating to
these uses. The motion was seconded by Allan Nottingham and was unanimously carried.
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The Mayor stated that the easements on Tract G Mall area, the final review of the revised
Wildwood and Buck Creek Plats, covenants and Agreement and the Special Improvement
Bond for Buck Creek Road were all tabled until the regular Council Meeting of December
8, 1981.
The Mayor also stated that Ordinance No.#81-37, Series of 1981 was tabled.
Second reading of Ordinance No.#81-36, Series of 1981, AN ORDINANCE IMPOSING AN EXCISE
TAX IN THE AMOUNT OF ONE PER CENT (1%) ON THE PRICE PAID FOR THE LEASING OR RENTAL OF ANY
HOTEL ROOM, CONDOMINIUM UNIT OR SIMILAR ACCOMMODATION LOCATED IN THE TOWN; EFFECTIVE DATE
OF SAID TAX TO BE DECEMBER 1, 1981; DEFINITIONS OF WORDS USED; EXEMPTIONS FROM SAID TAX;
REPORTING PROCEDURE; INTEREST PENALTIES; AND SETTING FORTH DETAILS IN RELATION THERETO;
AND ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF.
After discussion A.J. Wells moved approval of Ordinance No.#81-36, Series of 1981 on
second reading. The motion was seconded by Bill Doyle. A roll call was taken with all the
Councilmembers voting yes.
The financial matters were next presented to the Council.
After discussion A.J. Wells moved approval of the Accounts Payables, seconded by Steve
Erickson and was unanimously carried.
The Council agreed to approve Norm Wood's invoice contingent upon the Town Manager approving
the invoice.
The minutes of the November 10th, 1981 meeting was next presented to the Council.
A.J. Wells moved approval of the November 10th, 1981 meeting with these corrections, first
page, 6th paragraph, a typographic error (abstained), page two, first paragraph, a
typographic error (abstained). The motion was seconded by Bill Doyle and was unanimously
carried.
There being no further business Bill Doyle moved to adjourn and Steve Erickson seconded
the motion. The meeting was adjourned by Mayor Alpi at 10:10 p.m.
Respectfully Submixt.e. :
Patricia J. Doyle, 'own
Approved:
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