TC Minutes 10-09-1984• 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD OCTOBER 9, 1984 - 7:30 P.M.
The regular meeting of the 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 Allan Nottingham at 7:39
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 Attorney John Dunn, Town Manager Bill James,
Building Administrator Dan Fogland, Director of Public Works Norm
Wood, as well as members of the press and public.
The Mayor called for Citizen Input.
The Town Manager stated that Anne Webb, of Avon Management, had
called and informed the Town that they were having problems with
dog control at Sunridge Condominiums. Ms. Webb was requesting that
the Town provide more dog control.
Mr. James stated he had informed her that the Town was basically
providing dog control for the park and the main part of town, and
keeping those areas under control. Mr. James informed her that,
since the Council was addressing the budget at this time, and that
they may consider increasing dog control within the Town, she may
want to attend the meetings and request that Council do so.
Anne Webb approached the Council. Ms. Webb stated that she felt
the Town should have a trained dog control officer to take care of
the dogs running at large. She stated that she felt there was a
lot of pressure being put on the property owners and property
management people.
Discussion followed.
The Town Manager stated that possibly the management companies
have their own policies for dog control.
It was stated that the Town would commit to looking into this
matter.
The Mayor thanked Ms. Webb for coming.
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Second reading of Ordinance No. 84-11, Series of 1984, AN
ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE
AGREEMENTS.
This was a public hearing.
Don Buick moved approval to continue Ordinance No. 84-11, Series
of 1984, on second reading due to the fact that the Town Manager
had not received the agreements from Colorado National Leasing for
the three buses.
The motion was seconded by Al Connell.
Discussion followed.
Councilman Watkins stated that, looking through the budget, it
appeared that adding another bus would increase the transportation
budget by approximately $50,000. Mr. Watkins had concerns about
adding an extra bus.
The Town Manager stated the extra bus would be needed to handle
the peak demand, and that the Town had to start phasing out the
smaller buses and use them for limited type services. Also,
Beaver Creek Transit would not have the buses this year to drop
into the Town's system when the peak demand called for it.
The Mayor called for a vote. The motion was unanimously carried.
First reading of Ordinance No. 84-12, Series of 1984, AN ORDINANCE
AMENDING SECTION 3 OF ORDINANCE NO. 9 OF THE TOWN OF AVON,
COLORADO, REGULATING THE ACTIVITIES OF TRANSIENT DEALERS WITHIN
THE TOWN.
Gene Larson stated that this ordinance would amend the current
town licensing requirements for solicitors and transient vendors
to exempt representatives of Heritage Cablevision from the
restriction on making door-to-door sales calls. Heritage would
plan such sales campaigns only once every two years. He stated
that sine Heritage Cablevision operates its business pursuant to
a Town Franchise, and they stand behind their cable services that
are being offered, they felt the exemption would be appropriate.
The Town Attorney had no problem with the ordinance and felt that
it was a matter of policy as to whether the Council felt it was
appropriate to exempt a franchisee from the requirements and
limitations of the solicitors ordinance.
After discussion, Clint Watkins moved approval of Ordinance No.
84-12, Series of 1984, on first reading. The motion was seconded
by Sheila Davis. Those Councilmembers voting "aye" were: Clint
Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and
Don Buick. There were no "nay" votes. The motion was unanimously
carried.
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Resolution No. 84-39, Series of 1984, A RESOLUTION AUTHORIZING THE
TOWN MANAGER TO NEGOTIATE WITH THE EAGLE COUNTY SCHOOL DISTRICT TO
OBTAIN THE RIGHT TO CONSTRUCT MUNICIPAL FACILITIES ON THREE ACRES
OF TRACT P.
Be it noted that A.J. Wells and Mayor Nottingham stepped down
because of conflict of interest.
The Mayor Pro-Tem then proceeded with the meeting.
The Town Attorney stated that the purpose of this resolution was
to conform with the Councilmembers' request that a resolution be
included in the minutes, and was only a routine matter at this
time.
Don Buick moved approval of Resolution No. 84-39, Series of 1984.
The motion was seconded by Steve Miller.
Councilman Watkins stated that the Council should allow the Town
Manager to negotiate to build on the whole acreage of Tract P. He
did not see any reason to limit it to just the three acres.
Councilman Buick stated that the Town has finally established that
the parties had agreed to these terms and felt that if the Town
were to start all over, the Town may not have the three acres of
Tract P.
The Town Attorney stated that there was an error in the
resolution, change "R-50" to "RE-50J".
Don Buick amended his motion to include the change. Steve Miller
seconded the amended motion and it was carried, with A.J. Wells
abstaining.
Mr. Wells and Mayor Nottingham resumed their seats.
Resolution No. 84-40, Series of 1984, A RESOLUTION SHOWING SUPPORT
OF THE TOWN OF AVON FOR S.B. 1578 ANTI-TRUST.
The Town Attorney stated that this resolution was prepared to
confirm the action taken by Council at the last meeting, regarding
the proposed legislation.
Sheila Davis moved approval of Resolution No. 84-40, Series of
1984. The motion was seconded by Steve Miller.
Discussion followed.
The Town Attorney stated that S.B. 1578 would limit the effect of
the Anti-Trust against municipalities to injunctions, and would
not permit the award of damages against municipalities for
violation of Anti-Trust laws. This was a blanket Anti-Trust law.
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The Mayor felt that the Town should support S.B. 1578.
The motion was carried, with Clint Watkins voting "nay". The
motion was carried by a 5-1 vote.
Resolution No. 84-41, Series of 1984, A RESOLUTION APPROVING FINAL
PLAT OF THE LODGE AT AVON SUBDIVISION, A REPLAT OF LOTS 57, 58,
59, AND 60, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON,
COUNTY OF EAGLE, STATE OF COLORADO.
Norm Wood stated that the preliminary plat was approved on April
12, 1983, by Resolution No. 83-16. The plat has been reviewed by
the Town Engineer and by Art Abplanalp, and found to be in
compliance with Town rules and regulations. Mr. Wood stated that
letters, agreements, or quitclaim deeds have been provided by the
utility companies releasing the easements along the interior lot
lines. The plat also includes the request for the easement for
improvements along Benchmark Road.
Mr. Wood recommended Council approval of the plat.
Sheila Davis moved approval of Resolution No. 84-41, Series of
1984. The motion was seconded by Steve Miller, and was
unanimously carried.
John Dunn stated that the logo was finally copyrighted, and that
the Certificate of Copyright would be received in the mail
shortly.
The Town Manager reported that Colorado National Leasing was
sending additional sublease agreements, with respect to the three
buses. Hopefully, this would be resolved by the next Council
meeting.
Mr. James stated that there was a report from Dan Fogland
regarding fractionalization of a development right or hotel suite.
Mr. James was requesting that Council forward this information to
the Planning and Zoning Commission for their review.
The specific concern was to be able to utilize a hotel suite idea
without using the required density allocation for a one bedroom
unit.
The suggestion at this time would be the following:
a. New category - Accommodation Suite which would be 1/3
Development Right.
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b. New definition - Accommodation Suite: Accommodation Suite
means any room, or group of rooms, with not more than one
bathroom, a kitchen, designed for, or adapted to, occupancy
by guests and accessible from common corridors, walks, or
balconies without passing through another accommodation unit
or dwelling unit. Accommodation suites may only be used in
buildings operated solely as a hotel.
This would be an amendment to the fractionalization ordinance.
Lengthy discussion followed in regard to the definition of an
Accommodation Suite and the square footage of such.
Pat Montgomery, with Ski and Shore, approached the Council. He
stated that he felt that the square footage should be controlled,
but was concerned about restricting the square footage too much
and then running into design problems.
Councilman Wells offered some specific changes to the definition
of Accommodation Suite. The changes are as follows:
"Accommodation suite means any room, or group of rooms, with not
more than one bathroom, a kitchen, *all of which_ za designed
for, or adapted to, occupancy by *overnight guests and
accessible from walks or balconies without passing through another
accommodation unit or dwelling unit. Accommodation suites may be
used only in buildings operated solely as a hotel, *and may not
exceed an average of six hundred (600) square feet, per accommo-
dation suite, in the aggregrete for the building.
( * represents the changes to the definition)
Further discussion followed.
Sheila Davis moved to forward these suggestions, comments, and
changes to the Planning and Zoning Commission, and for the P & Z
to be prepared to have an amendment to the Fractionalization
Ordinance back to the Council at the next regular meeting. The
motion was seconded by Al Connell, and was unanimously carried.
The next item was the report on Tract P.
A.J. Wells and Mayor Allan Nottingham stepped down because of
conflict of interest. The Mayor Pro-Tem then proceeded with the
meeting. The Town Manager reported that the Mayor, Councilman
Wells, Duane Davis, and he visited Fort Collins and reviewed some
recreational facilities which may be feasible for Tract P. He
stated that they came up with several options, such as a joint
type convention center/gymnasium. They felt that a swimming pool
would be too expensive to provide in that type of facility, and it
was questionable if the Town would generate enough revenues to pay
for the operation of such. The Conceptual Design for a
recreational facility would be done by ZVFK Architects/Planners of
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Fort Collins, the same firm that would be doing the architectural
design for the Water Treatment Plant. Mr. James stated that the
Water District would pay for the Conceptual Design of the
recreational facility for the Town, in an amount of approximately
$5,000, but would need Council's authorization to proceed with the
Master Plan.
The Council discussed the funding of the project on Tract P.
Mr. James stated that the most effective means of funding would
probably be through a Special Improvement District, where the tax
could be levied directly through the County. The County
Assessor's Office collects at the time the Town pays the regular
tax, then those tax revenues come back into the Town to pay off
the bond issue for the convention center.
The Council discussed the cost of a gymnasium. Mr. James stated
it would cost approximately $100 a square foot.
After discussion, Don Buick moved approval to proceed with the
Conceptual Design for Tract P. The motion was seconded by Steve
Miller. Don Buick stated as of record that the Town of Avon was
the client and the Consolidated Water District was the payor.
The motion was unanimously carried.
Councilman Wells and Mayor Nottingham resumed their seats.
The Town Manager reported on the Master Plan. He stated that they
would be taking a different direction on this matter. The Plan
would be known as the "Development Plan". The Town would be
divided into Districts and it would then be determined which
Districts would receive various lots, street systems,
transportation, etc. He stated that Jim Lamont and he would be
meeting every Monday to establish a work program and review Jim's
progress on the Master Plan.
Mr. James stated that he felt it would be necessary at this time,
in order to insure that the process keeps moving, to establish a
committee to review the whole process. The committee would
consist of a Councilperson, a Planning and Zoning Commission
Member, and he. The committee would meet on a regular basis to
give additional directions.
The Zoning Ordinance needs to be cleaned up, not so much in terms
of re-zoning, but in terms of definitions, conflicts in the
ordinance itself, and clarity. The Town Manager would like to
establish a committee on this matter, comprised of a
Councilperson, a Planning and Zoning Commission Member, and he to
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review the Zoning Ordinance and make recommendations to the
Planning and Zoning Commission and the Council regarding areas
that need to be changed. He stated that Norm Wood would be
completing the Subdivision Rules and Regulations by February 1,
1985.
The Sign Code has been replaced with a concise and understandable
code, and the final form should be to the Council by December 1.
Design Guidelines were then discussed. Mr. James stated that the
Town basically has no guidelines. He stated he had requested a
proposal from Larry Kumpost outlining the scope of work for Design
Guidelines. He stated that this proposal was for a maximum fee of
$5,000 plus reimbursable expenses, if any.
After discussion, it was suggested that the Town Manager solicit
bids from other firms. The Council agreed. Possibly contact Land
Design and one other firm. Mr. James stated that Mr. Kumpost
requested to withdraw his bid and submit another one, if the first
bid was turned down.
The Council agreed, but suggested a flat fee and no reimbursable
expenses.
A.J. Wells was appointed to the Development Plan committee.
Sheila Davis was appointed to the Zoning Ordinance committee.
The Design Guidelines would go back to Council for review.
The Town Manager stated that, to date, he had not received any
Mall Assessment payments, which were due on September 30, 1984.
It was suggested that the Town Attorney converse with Bond Counsel
on this matter. Mr. Dunn was directed by Council to write letters
and make phone calls to all the Town Center Mall owners.
The Council authorized the staff to pursue an ordinance that would
allow conversion of Development Rights. Possibly make this an
amendment to the Fractionalization Ordinance.
The Town Manager was to include this with the other items that
were recommended to go back to the Planning and Zoning Commission
for review.
The Financial Matters were next presented to the Council.
Sheila Davis moved to receive items #1 through #8. The motion was
seconded by Al Connell, and was unanimously carried.
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Clint Watkins moved approval of the General Fund of Accounts
Payable of October 9, 1984. The motion was seconded by Steve
Miller, and was unanimously carried.
Sheila Davis moved approval of the Capital Projects Fund, Transit
Fund, Lift Fund of Accounts Payable of October 9, 1984. The
motion was seconded by Steve Miller, and was unanimously carried.
Sheila Davis moved approval of the Reconciliation of Accounts
Payable of October 9, 1984. The motion was seconded by Clint
Watkins, and was unanimously carried.
The minutes of the September 25, 1984 Council meeting were next
presented to the Council.
A.J. Wells moved approval of the minutes with these corrections:
Page 4, third paragraph, third line, change "3-1/4" to "3/4"
Page 5, second paragraph, fifth line, change "to" to "by" and
change "endemnity" to "entity".
With those corrections, Steve Miller seconded the motion and it
was carried, with Clint Watkins abstaining being that he was
absent from the last meeting.
Councilman Connell moved to direct staff to draft a Resolution
showing appreciation to Dan Sunday for his years of service with
the Town. The motion was seconded by Steve Miller, and was
unanimously carried.
The Town Manager stated that the Town was going to contract with
Dan Sunday to oversee the posioning of gophers for next spring.
There being no further business to come before the Council, A.J.
Wells moved to adjourn. The motion was seconded by Steve Miller.
The meeting was adjourned by Mayor Nottingham at 9:50 p.m.