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TC Minutes 07-24-1984MINUTES•OF THE REGULAR AVON TOWN ICIL MEETING JULY 24, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:45p.m. A roll call was taken with Clint Watkins, Sheila Davis, Al Connell, and Don Buick present. Steve Miller and A.J. Wells were absent. Also present were Town Attorney Art Abplanalp, Town Manager Bill James, Building Administrator Dan Fogland, Planning Director Jim Lamont, Director of Public Works Norm Wood, Superintendent of Public Works Dan Sunday, Chief of Police Joe Olson, as well as members of the press and public. The Mayor called for Citizen Input. Mr. Ira Adler, resident of Avon, approached the Council. Mr. Adler was concerned with the construction noise from the Peregrine Project. He felt that construction should start at 12:00 noon on Saturdays, with no construction on Sundays. He stated that construction had been starting at 7:00a.m., seven days a week. Mr. Adler stated that, as a result of the noise, two of his long term leasees wanted to terminate their leases, if the noise continues. Mr. Adler requested that the Council institute an Ordinance that would guarantee citizens and tourists at least some quiet during the building season. Mr. Larson, Project Manager for Peregrine, stated that work week hours would be approximately 6:00a.m. to 6:00p.m. He stated that he had asked the contractor to restrict all noise of construction activities until 9:00a.m. on Saturdays and Sundays. After discussion, the Mayor stated that the Council would take this into consideration. The Mayor thanked Mr. Adler for his concern and comments. Larry Kumpost, Planning and Zoning Commission member, next approached the Council. He stated that the P & Z Commission had concerns in regard to authority to make decisions on subdivisions and road designs that come before the Commission. Discussion followed. The Mayor requested that this matter be placed on the Work Session, and that a memorandum be forthcoming. Second reading of Ordinance No. 84-8, Series of 1984, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE DATE OF THE GENERAL MUNICIPAL ELECTION. The Mayor opened the meeting for public hearing. There being 1 no one wishit to be heard, the Mayor closed the public hearing. There being no Council discussion, Sheila Davis moved approval of Ordinance No. 84-8, Series of 1984, on second reading. The motion was seconded by Al Connell. Those Councilmembers voting "aye" were: Clint Watkins, Sheila Davis, Al Connell, and Don Buick. There were no "nay" votes. The motion was unanimously carried. First reading of Ordinance No. 84-10, Series of 1984, AN ORDINANCE ESTABLISHING A SYSTEM TO GOVERN THE ADMINISTRATION OF TRANSFERS AND DIVISIONS OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND DIRECTING MAINTENANCE OF A COMMUNITY MASTER PLAN. Mike Blair, Chairman of the P & Z Commission, stated that as time goes on, it becomes more and more difficult to understand the TDRs and fractionalizations, both for the P & Z Commission and the Council. He stated that the proposed ordinance has gotten to be more and more complicated. Mr. Blair stated that the Commission would like to know what direction the Council was interested in taking, only as far as the transferrable development rights and fractionalizations, and how this would fit within the priorities for working on the Master Plan. Councilman Buick stated that, a few months ago, the Council wanted to know what to do to stimulate activity in the area and create a way to give some economic incentive to develop projects. He stated that it has now turned into something that is so complicated, no one understands it. He felt that it was time to bring this idea back into focus. The Mayor stated that the P & Z Commission should come up with their thoughts and ideas on the proposed ordinance, and then bring those ideas back to Council. It was stated and agreed upon that this meeting be continued to the 14th of August, at 2:00p.m., for the purpose of discussing TDR's and also to conduct business. The attorney stated that he had identified seven issues that Council might discuss on the proposed ordinance. It was agreed to identify those issues as part of the next draft, so that Council could directly discuss and make decisions on them. Al Connell moved to table Ordinance No. 84-10, Series of 1984. The motion was seconded by Don Buick, and was unanimously carried. Resolution No. 84-30, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR A REDUCTION IN PARKING REQUIREMENTS FOR CHRISTIE LODGE, LOT 25, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION. Mr. Wood stated that the Christie Lodge Owners Association has requested a reduction in parking requirements for the Christie 2 Lodge project He stated that a total of 423 parking spaces are required under the current parking ordinance. Based on the site plan, as submitted, they have a total of 401 full-size parking spaces available. He stated that the parking ordinance does allow a 15% reduction for large lots having 250 spaces or more, through the Special Review process. Mr. Wood stated that the SRU would bring Christie Lodge into compliance with the current parking regulations, and would also provide them with an excess of parking spaces, which would allow flexibility in leasing spaces. The second request, which was tied into this review, was a Buck Creek Plaza proposal to lease from five to seven spaces from the Christie Lodge, which in turn would allow Buck Creek Plaza to develop some basement spaces which are currently being used for storage. Mr. Wood stated that this use is allowed under current parking regulations. Councilman Connell stated that he would like to know who the owners Association is. Mr. Wood stated that Town staff had looked at the total parking for the project area and took the 15% reduction from that. Discussion followed. Mr. Wood stated that he would recommend approval of the Special Review Use for the parking reduction. Al Connell moved to deny Resolution No. 84-30, Series of 1984, on the basis that (1) It does not comply with all requirements imposed by the Zoning Code; (2) It is not consistent with the objectives and purposes of this Zoning Code and the applicable Zoning District. Councilwoman Davis did not agree. She felt that Council could give relief to another building that would be able to develop more commercial area, and stated that there were some points that needed clarification. Mrs. Davis stated that Council should not just deny the Resolution, that she would be more in favor of tabling the Resolution until the next regular meeting to determine who the Christie Lodge Owners Association is and whether they actually own parking spaces. Councilman Buick stated that the burden of proof should be on the applicant. After discussion, Clint Watkins seconded the motion to deny and it was carried, with Sheila Davis voting "nay". Resolution No. 84-31, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR LOCK-OFF UNITS ON LOTS 57-60, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION. Mr. Wood stated that a request by the Lodge at Avon for a Special Review Use, allowing the construction of Lock-off units on Lots 57-60, Block 2, Benchmark at Beaver Creek Subdivision, was submitted. They have submitted a conceptual plan for 31 units consisting of efficiencies, one, two, and three bedroom units. He stated that the units do comply with the Density and Lock-off section of the Zoning Code, without requiring additional units. A public hearing has been held by the P & Z Commission regarding the Special Review Use, and approval 3 recommended Itiect to (1) that there e no more than three bedrooms per unit, (2) that there be no more than two Lock-offs per unit, (3) that resubdivision of Lots 57-60 be completed with the assigned density on the single tract, and (4) that there be completion of the project design Review and Approval process, including compliance with zoning regulations and design guidelines. After some discussion, Don Buick moved approval of Resolution No. 84-31, Series of 1984. Further discussion followed. Don Buick amended his motion by adding, to the second condition, after the word "units", "within one year", and, in the third condition, after the word "guidelines", "within one year". The motion was seconded by Al Connell, and was unanimously carried. Resolution No. 84-32, Series of 1984, A RESOLUTION APPROVING CONDOMINIUM MAP OF HIGHPOINT CONDOMINIUMS, LOT 8, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, FINAL PLAT. Mr. Wood stated that, after reviewing the mylars of the project, it appeared that they have complied with all the conditions suggested by his office. He stated that one of the signatures on the mylar was not legible, and requested that the Town Attorney review the mylar for his opinion on whether it should go back for resigning. Al Connell moved approval of Resolution No. 84-32, Series of 1984, subject to the attorney's review of the mylar. The motion was seconded by Don Buick, and was unanimously carried. The Town Manager reported on the subject of including the Councilmembers in the Town's medical insurance plan. He stated that, according to the current policy stipulations, and with further discussions, SafeCo was still unwilling to include the Councilmembers under the Group Medical Insurance. The compan has some arguments in regard to the relationship 01 employer/employee. No action was taken. The Town Center Mall was discussed. Mr. James stated that the Mall Committee met a couple of weeks ago to start looking at an immediate need to proceed with connecting the Peregrine Project to the existing Mall improvements. Mr. Wood reviewed the Town Center Mall Improvement Map with the Council. Discussion followed. Mr. Wood stated that he would like to proceed around September of this year. Councilman Watkins stated that he was not in favor of pre-selecting contractors for the project. He felt it should be done on a formal bid basis. Mr. Connell agreed. Al Connell moved to authorize Norm Wood to proceed with connecting the Peregrine Project with the existing Mall improvements, but restricting contractor selection to a formal bid basis. The motion was seconded by Sheila Davis. Mr. Wood 4 stated that.•in regard to the installation of trees, the contract work wouldn't be completed until the trees were installed. He stated that it would be a simple matter to write a determination of when the trees would be installed into the contract. The motion to proceed was unanimously carried. The Town Manager reported on a possible change in the Police Department policy regarding patrol cars. He stated that presently the Police Department has patrol cars on a rotating basis, which means that every officer is assigned a car that may be used by four or five police officers. The Police Chief would like to change that to a one-to-one man/car policy. Mr. James felt that, with all the Town activities and events, from time to time it would be necessary to have all seven officers on the street. He stated that he felt it would add a visibility factor that would be good for the Town, and would also prolong the life of the vehicles. He did not see a significant budget impact this year. Mr. James would like to see Council establish direction for a one-to-one car policy for the police officers, and would like Council to authorize the staff to pursue this in preparing the revised budget for 1984. The Town Manager stated that the reason the matter has come up is that the Chief of Eagle Police is interested in purchasing Avon's vehicles for the amount of money left on the Town's current lease. Councilman Connell stated that the Council went to the taxpayers about a year and a half ago to buy three new vehicles, and he felt that it was not necessary to go back to the taxpayers now to say the Town made a mistake and the Police Department needs new cars again. He felt that the Town does not have to buy anymore cars at this point. Councilman Buick felt that the request was a little premature, and felt that more miles should be put on the present vehicles. He stated that he was not in favor of scraping the plan that was agreed to last year. Councilwoman Davis stated that she disagreed. She stated that, if the Town could get rid of the present cars for the remaining balance of the lease while increasing Police Department efficiency, it should be done. She stated she would be in favor of looking at a proposal. Councilman Watkins stated that he would be willing to look at the issue in connection with the 1985 budget. The Mayor stated that policemen abuse cars. He stated that he supported buying the Dodge Diplomats because they were designed for patrol work and would withstand abuse, whereas the others do not. He stated that he would entertain a proposal to come forth. Sheila Davis moved to authorize the Town Manager to come back to the Council with a proposal for refinancing the police vehicles. Being that there was no second, the motion died. 5 0 The Town Manatr reported on the Jerry Ford Golf Invitational. Mr. James stated he had received one hundred gallery tickets, for the 6th and 7th of August, and had also received the seven VIP badges instead of the six. The size of the banner for the Bar-B-Que would be 3' x 121, at a cost of $320.00. Mr. James had received a letter from John Horan-Kates regarding the NorAm that the Town of Avon had sponsored last year. Since the Vail Valley Foundation would be planning on the World Cup Race coming to Vail in 1969; and on the scheduling of a Down Hill Event for the American Ski Classic, Mr. Horan-Kates felt that having two different down-hill events would be very expensive and that it would tie up a significant portion of the ski area at Beaver Creek. He suggested the elimination of the NorAm. Mr. James stated that the Mayor and he had had a meeting with Jeanne Reid of the Vail Valley Foundation, and they suggested having the Avon Cup Race and the Mayor's Race on the same day. No action was taken. Mr. James stated that the Postal Service Distribution Center was misinformation. It was strictly for a Vail Post Office. Mr. James stated that discussion of the Blodgett litigation would be delayed until John Dunn returned. The Financial Matters were next resented to the Council. Sheila Davis moved to receive items 1 thru #10. The motion was seconded by Al Connell, and was unanimously carried. Sheila Davis moved oval of the General Fund Accounts Payable of July 24, 1984. The motion was seconded by Al Connell, and was unanimously carried. Sheila Davis moved approval of the Transit Fund, Capital Projects Fund Accounts Payable of July 24, 1984. The motion was seconded by Clint Watkins, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Fund Accounts Payable of July 24, 1984. The motion was seconded by Sheila Davis, and was unanimously carried. Clint Watkins moved approval of the Reconciliation for Capital Projects Accounts Payable. The motion was seconded by Sheila 6 Davis, and was unanimously carried. The minutes of the July 10, 1984, meeting were next presented to the Council. Don Buick moved approval of the July 10, 1984, meeting minutes. The motion was seconded by Al Connell, and was unanimously carried. The Kiva Tennis Classic was next discussed. Tickets for the tennis tournament would be distributed to the Councilmembers through the Clerk's office. There being no further business to come before the Council, Don Buick moved to continue this meeting to August 14, 1984, at 2:00 p.m. The motion was seconded by Al Connell, and was carried, with Clint Watkins voting "nay." The Council recessed at 10:00 p.m. 0NUTES OF THE CONTINUED ME*NG OF JULY 24, 1984 HELD AUGUST 14, 1984, 2:00 P.M. This was a continuation of the July 24, 1984, Council Meeting, and was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham, at 2:05 p.m. A roll call was taken with Clint Watkins, Sheila Davis, Al Connell, and Don Buick present. Steve Miller arrived at 2:10 p.m. A.J. Wells was absent. Also present were Town Attorney Art Abplanalp, Town Manager Bill James, Planning Director Jim Lamont, Chief of Police Joe Olson, members of the Planning and Zoning Commission, as well as members of the press and public. First reading of Ordinance No. 84-10, Series of 1984, AN ORDINANCE ESTABLISHING A SYSTEM TO GOVERN THE ADMINISTRATION OF DIVISIONS OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Town manager stated that, at last Thursday's Planning and Zoning Commission meeting, Ordinance No. 84-10 was presented to the members for review. He stated that it was reviewed page by page. Mr. James stated that the members made some suggested changes which do not, overall, affect the intent of the fractionalization ordinance. Some of the language problems were also cleaned up. Mr. James stated that "Transfer of Development Rights" would be changed to read "Development Rights", throughout the ordinance. He stated that there were a few sections, such as annexations, Master Plan, etc., deleted from the ordinance. Now, the ordinance deals with fractionalization only. The matters that were deleted would be addressed at a later date. Mr. James stated that the Planning and Zoning members ended up with three issues of concern, (1) whether the ordinance should apply to the existing projects; (2) definitions of a bedroom - are libraries and lofts allowed?; (3) how does the current zoning ordinance affect fractionalization? Mr. Lamont then proceeded to review the changes in the ordinance, section by section, with the Council. At that point, Larry Kumpost stated that he felt a new "Whereas" should be inserted, between the third and fourth "Whereas" of the ordinance. He stated that the paragraph he was proposing was to clarify the intent of the ordinance. It was based on limitations and number of bedrooms, so that it would eliminate the influence of development rights and the influence it would have on types of units. Mr. Kumpost then 8 read his prop d addition to the ord nce. Mr. Abplanalp stated he X d recommend against the*ovision. He stated that, basically, it was acknowledging that the Town's policies affect the economic impact of development. He stated that he could foresee Anti-Trust litigation against the Town. The Attorney stated that the purpose of the ordinance was to stimulate the development of smaller units within the Town, using those rights which are available and not developed. After discussion, it was stated that Council would go back to that matter after reviewing the rest of the ordinance. Mr. Lamont then proceeded. Lengthy discussion followed. The Council recessed at 4:30 p.m. and reconvened at 4:38 p.m. The mayor then requested that the Council continue the discussion of the proposed "Whereas". Mr. Lamont stated he felt that if the paragraph dealt more with the economic aspects, he would agree, but he felt that the language was confusing. After discussion, the Attorney suggested that the paragraph should not be used. The Council agreed. The Attorney then proceeded to review the changes with the Council. The changes are as follows: --The title would be changed. 2nd line, change the word "divisions" to "fractionalization". --Page 2, paragraph (A), 3rd line, after the word "the", add "original", and after the word "Avon", add "and to continue such system on lands later annexed to the Town". --Page 2, Section 17.22.020, paragraph 3, change to read "projects for which a temporary or permanant Certificate of Occupancy has been issued shall not be fractionalized". --Page 3, in the formula, delete the word "dwelling", and would read as follows: "No. of Fractionalized Units Possible". --Page 3, (E), to read as follows: "The total number of units permitted on any parcel, as a result of fractionalization, may exceed the density limitations imposed on the parcel by the general limitations of the Zoning Code, provided that the total number of units, prior to fractionalization, shall not exceed such general limitations.". --Page 4, 4th line, after the word "Avon", delete "and --Page 4, paragraph (I), changed to read as follows: "A Certificate of Occupancy may be issued to the project firmly upon determination that sufficient Development Rights are assigned to the project for upon acquisition and assignment of sufficient Development Rights to the project.". --A new Section 2 would be added. Section 17.08.030 Accommodation Units. An accommodation unit means any room, or group of rooms, without a kitchen, designed for or adapted to occupancy by guests, and accessable from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit.". --Page 4, 17.08.115, Bedroom definition would read, "Bedroom means any room separate from the primary living area of a dwelling unit, conforming to the applicable Building and 9 Municipal Cod for habitable space or r s.". --Page 5, 17 ..205 Development Right, l paragraph, 3rd line, after the word "Title", add "assignment of Condominium, apartment, Hotel-Lodge, common duplex, and single family units". --Page 6, 17.08.345, 3rd line, change "hotel-lodge" to "accommodation". --Page 6, 4th line, after of hotel-lodge units upon --Page 6, 17.08.585, after of Condominium, apartment, --Page 6, 17.08.355, 3rd means for cooking". the word "Title", insert "assignment the". the word "Title", insert "assignment duplex, and single family units on". line, change "a cooking stove" to "a The Mayor then entertained a motion for approval of the ordinance. Al Connel moved approval of Ordinance No. 84-10, Series of 1984, as amended, on first reading. The motion was seconded by Steve Miller. Discussion followed. Mr. Watkins felt that there was no urgency in passing the ordinance at this time. He stated he would like to see the ordinance revised with the changes, before approving it. He felt that it was too premature. The Mayor then requested a roll call vote. Those Councilmembers voting "aye" were: Steve Miller, Sheila Davis, Al Connell, and Don Buick. Clint Watkins voted "nay". The motion was carried on a 4 to 1 vote. Mike Blair, Chairman of the Planning and Zoning Commission approached the Council. He stated that the Commission had spent a lot of time and hours reviewing the ordinance. He stated that, if the Council wished the Commission to work further on the 84-10 ordinance, they would do so. He stated that the Commission was anxious to get on with the other elements of the Master Plan. The Mayor thanked the Commission for all their time that was spent on the ordinance, and felt that they had helped considerably. The Town Attorney approached the Council. Mr. Dunn was requesting that Council adjourn into executive session. He stated he had a settlement letter from Mr. Blodgett's Attorney and would like to discuss that matter with the Council, as well as the current status of the matter. Al Connell moved to adjourn into executive session. The motion was seconded by Don Buick, and was unanimously carried. The Council adjourned into executive session at 4:55 p.m. 10 0 • FULLY SUBMI / !j'~l~ r C Zi Q C atricia J. ,P le, / Town Clerk / II