TC Minutes 09-12-1984L
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD SEPTEMBER 12, 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 7:43
p.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorneys John Dunn and 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.
Eddie Gingres Could not be present, and was therefore cancelled
from the agenda. There being no one else wishing to be heard, the
Mayor closed the discussion.
Second reading of Ordinance No. 84-10, Series of 1984, AN
ORDINANCE ESTABLISHING A SYSTEM TO GOVERN THE ADMINISTRATION OF
FRACTIONALIZATION 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.
Art Abplanalp reviewed the changes, recommended at the last
meeting, with the Council.
Mr. Abplanalp then discussed a letter that Council had received
from Dennis Cole, who represents Sunroad Group, LTD. The Attorney
stated that two concerns were expressed in the letter. One was
that they believe that Hotel-Lodge Development Rights should be
subject to fractionalization, like Residential Development Rights.
Mr. Abplanalp stated that this was inconsistent with the Town's
objectives; the objectives being to create reasonably priced
housing, and stimulation of growth in the housing industry. He
stated that, by definition, Hotel-Lodge units are not housing,
they are temporary. He stated that it has no relationship to the
Town's purpose, and would be counterproductive as far as trying to
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argue that there was some reason and purpose in the
fractionalization system. The second concern was that Hotel-Lodge
Development Right or Hotel-Lodge Development Rights should read as
follows: "the right to construct one density unit intended for
temporary occupancy by guests, and not as a private residence".
Mr. Abplanalp stated that the present definition of an
"Accommodation Unit" is a room, or group of rooms, without a
kitchen.
After discussion, Mr. Abplanalp recommended that neither change be
made to the ordinance. He stated that the Town has given the
flexibility to have however large a Hotel-Lodge unit as is
desired, governed by the limitation on buildable space as far as
the lots.
The Granada Royale Hotel units were discussed, in regard to
having kitchens in such units.
Hotel units that cannot be converted to suites were discussed.
Mr. Abplanalp stated that that was not part of fractionalization,
that conversion was discussed from time to time, but was never
even part of this ordinance, as it was originally drafted. It was
stated that this item would be considered with the work on the
Master Plan.
Councilwoman Davis stated that, on Page 1, 4th Whereas, 4th line,
delete the word "identical". In the 5th Whereas, 1st line, change
"goal" to "goals", and change "requires" to "require".
Councilman Wells stated that, on Page 2, Section 17.22.020-B,
after the word "implementing", delete "of". Page 4, Section
17.08.195, 4th line, after the word "condominium", add the word
"project". Page 5, Section 17.08-355, it should read as follows,
" Kitchen" means a room, or portion of a room, furnished with all
of the following: (1) running water and a sink, (2) a means for
cooking, and (3) a refrigerator.
The Mayor opened the meeting for public hearing.
Steve Sutton, law partner of Dennis Cole, approached the Council.
He was representing Sunroad Group, LTD. Mr. Sutton stated that
they were in agreement with the ordinance basically, but felt that
there should be some minor changes. He stated that, on the plat,
the Sunroad lot was designated Hotel-Lodge, which has been
exempted from the fractionalization. He stated that the Sunroad
Group felt this was wrong. The Sunroad Group felt that they were
being deprived of development rights and property rights, that
they were getting a negative impact, whereas the other lots in the
area, the residential lots, were benefiting from this ordinance.
The Group felt that they should be entitled to fractionalization
as well as anyone else. Mr. Sutton stated that his client would
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like to see the door open, to be able to develop the lot.
Councilman Wells stated that when the Sunroad Group bought the
lot, they bought 340 lodge units and they sold 280 Hotel-Lodge
units.
Mr. Sutton stated that his client was willing to work with the
Town on the Master Plan as far as putting in a parking structure,
and would be willing to sit down and work with the Town along
those lines. He stated that they felt the ordinance was good for
the Town, they just wanted to enjoy the fruits of it.
The Mayor stated that, in order for the Sunroad Group to have
enough units, they would have to go out and acquire them, since
they sold their units to a developer. He stated that there were
available units around town. He stated that the Sunroad Group
cannot just create units.
Discussion followed.
Bill Pierce, representing the Lodge at Avon, stated they felt very
positive about the ordinance. He stated it gave them an
opportunity to address the new market in Avon.
Les Shapiro, representing Vail-Building Arts property on the North
side of the Interstate, approached the Council. He stated that it
does give the developer flexibility. He felt that a developer who
has residential units has the flexibility to take a tri-plex and
make a twelve-room boarding house out of it, and a developer who
owns commercial/industrial units should be able to have the same
flexibility, also. He stated that he felt the Council had to
consider all catagories, and should look at the overall scope of
growth of the Town.
Discussion followed.
Mr. Shapiro felt that there should be a vehicle in the ordinance
to allow conversion of commercial/industrial space.
The Mayor stated that these suggestions would be taken into
consideration in the Master Planning process.
Sheila Davis moved approval of Ordinance No. 84-10, Series of
1984, on second reading, with the revisions. The motion was
seconded by A.J. Wells.
The Mayor called for discussion.
Councilman Watkins stated he would have liked to see the Granada
Royale Hotel problem resolved before the ordinance was passed,
but possibly it could be amended later on.
At that point, the Council was presented with a letter from the
Attorney representing Sunroad Group, LTD. The letter stated that,
if the ordinance was passed on second reading, the Sunroad Group
would review the suit against the Town.
The Town Attorney read the letter in its entirety.
Discussion followed.
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The Mayor called for a roll call vote.
Those Councilmembers voting "aye"
Miller, Sheila Davis, A.J. Wells, Al
There were no "nay" votes. The motion
were Clint Watkins, Steve
Connell, and Don Buick.
was unanimously carried.
The Council recessed at 8:52 p.m., and reconvened at 9:05 p.m.
Resolution No. 84-37, Series of 1984, A RESOLUTION APPROVING FINAL
PLAT OF LOT 67/68, BLOCK #1, BENCHMARK AT BEAVER CREEK, TOWN OF
AVON, COUNTY OF EAGLE, STATE OF COLORADO.
Mr. Norm Wood stated that the purpose of this plat was to vacate
the common property line between Lots 67 and 68. The vacation of
easements is not involved in this particular case. He stated that
the plat had been reviewed by the Town's Engineer and Attorney.
It was recommended that approval, if granted, expire in 60 days if
the certificates were not properly executed within that time
frame.
Mr. Ward Lawrence, with Pizza Hut, approached the Council. He
stated that they were hoping to construct the building before
winter.
Don Buick moved approval of Resolution No. 84-37, Series of 1984.
The motion was seconded by Al Connell, and was unanimously
carried.
Awarding the contract for Phase III of the Town Center Mall was
next presented to the Council. Mr. Wood stated that Notice was
published on August 17th, 24th, and 31st, for the construction of
Phase III of the Mall. Several local contractors were also
contacted. He stated that only one bid was received, from Clarke
and Younger, in the amount of $64,472, which was $4,231 less than
the estimated bid.
Mr. Wood recommended that the Council award the contract to Clarke
and Younger, and authorize them to proceed as soon as the contract
documents are completed. Mr. Wood felt that the walkways,
grading, and drainage would be essential this year, if the weather
permits. He stated that the light fixtures could be placed in the
spring.
Discussion followed.
The grading and backfill were left out of the contract that was
bid. Mr. Wood stated that Peregrine had obtained a price from
Haselden/Langley on the backfill in the amount of $14,280. He
stated that the Avon Mall Committee recommended that the contract
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be awarded to Clarke and Younger for $64,472, that authorization
be granted to Haselden/Langley to complete the grading in the
amount of $14,280, and that a contingency budget of $4,248 be
established, making a total project cost of $83,000, with a
stipulation that contingencies that are not used in the initial
construction be converted to plants and trees for the Mall in the
spring.
A.J. Wells moved to award the contract to Clarke and Younger in
the bid amount of $64,472, to authorize Haselden/Langley to
proceed with the backfill and grading in the amount of $14,280,
and to establish a total project amount of $83,000. The motion
was seconded by Sheila Davis, and was unanimously carried.
The Town Manager stated that, in regard to Tract P, the School
Board was meeting this evening instead of last Wednesday. He
stated that he would have more information for the Council at the
September 25th Council meeting.
The Town Manager reviewed the 84-85 budget with the Council. He
stated that the Fund Balance for all funds of December 31st, 1983,
was around $200,000. At the end of 1984, the balance would be
around $175,000. At the end of 1985, the balance would be between
$25,000 and $50,000. He stated that expenditures were exceeding
revenues. Mr. James reviewed some of the changes in the
Administrative sector. Mr. James discussed the electrical
inspector and stated that Dan Fogland could possibly do some of
those inspections for the Town.
Mr. Fogland stated that the Town might possibly use the State
Inspector, twice a week, from Glenwood Springs. He stated that
they were willing to establish office hours on a data basis and,
in conjunction with that, they would be willing to work with him
to initiate an inspection program.
The Town Attorney stated that he had tendered to the court an
Order to dispense to the Town of Avon approximately $4,500, which
was left over from Lots 20, 21. This money should arrive within a
couple of weeks.
The Financial Matters were next presented to the Council.
Sheila Davis moved to recieve items #1 through #11. The motion
was seconded by Don Buick, and was unanimously carried.
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Sheila Davis moved approval of the General Fund of Accounts
Payable of September 12, 1984. The motion was seconded by Don
Buick, and was unanimously carried.
Don Buick moved approval of the Capital Projects Fund, Lift Fund,
Transit Fund, and the Mall Construction Fund of Accounts Payable
of September 12, 1984. The motion was seconded by Al Connell, and
was unanimously carried.
Sheila Davis moved approval of the Reconciliation Sheet of
Accounts Payable of September 12, 1984. The motion was seconded
by Clint Watkins, and was unanimously carried.
Sheila Davis moved approval of the
Council. The motion was seconded
carried, with A.J. Wells abstaining
meeting.
Clint Watkins moved approval of the Ai
The motion was seconded by Steve
carried.
August 14th minutes of the
by Clint Watkins, and was
due to his absence from that
zgust 28th meeting minutes.
Miller, and was unanimously
The Town Attorney requested that the Council retire into executive
session for the purpose of reviewing answers to the interrogatives
that he had prepared upon the basis of information given to Mr.
James, all in connection with the Blodgett litigation.
Al Connell moved to adjourn into executive session. The
was seconded by Steve Miller, and was unanimously carried.
The Mayor adjourned the meeting at 9:45 p.m.
The CounoZ then went into executive session.
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motion
RESPECTFULLY SUBh ITTED
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Patricia J. D6vIe Town C