TC Minutes 02-11-1986•
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD FEBRUARY 11, 1986 - 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.
Mayor Allan Nottingham called the meeting to
roll call was taken with Clint Watkins,
Davis, A.J. Wells, Al Connell, and Don
present were Town Manager Bill James, Town
Director of Engineering/Community Develop
members of the press and public.
order at 7:39 p.m. A
Steve Miller, Sheila
Buick present. Also
Attorney John Dunn,
vent Norm Wood, and
The Mayor called for Citizen Input. There being no one to be
heard, the Mayor closed the discussion.
First reading of ordinance No. 86-4, Series of 1986, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO
FRACTIONALIZATION TO PROVIDE FOR FRACTIONALIZATION OF DEVELOPMENT
RIGHTS RELATING TO EXISTING-BUILDINGS.
Mr: James stated that,- some time ago, Council addressed the issue
of how the Fractionalization Ordinance could be applied to Falcon
Pointe, and-other projects that may be referred to, that wanted to
remodel to provide more units through fractionalization, even
though a Certificate of Occupancy had already been issued. He
stated that this ordinance would provide some guidelines for
fractionalizing existing buildings within the current Fractionali-
zation Ordinance.
After Mr. James reviewed the ordinance, Council had some concern
with paragraph B of section 2, which read, "All of the development
rights assigned to that lot are fractionalized." Discussion
followed. It was stated that, if a project with two buildings
fractionalized one building, then wanted to to fractionalize the
second building two years later because they found it worked
better that way, paragraph B would not allow them to do that. It
was suggested that paragraph B be removed, due to the fact that an
existing building could only be fractionalized through Special
Review Use.
Further discussion followed. It was suggested that the ordinance
be referred to the Planning and Zoning Commission with an
explanation as to why Council felt paragraph B should be deleted.
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Councilman Wells stated it was for the simple reason that certain
projects do not need to fractionalize all development rights. On
the other hand, he stated that projects may or may not need the
majority for fractionalization approval. Council felt that, if
paragraph B was deleted, approval would rely on Special Review Use
approval. After some discussion, Councilman Wells moved approval
of Ordinance No. 86-4, Series of 1986, on first reading, provided
that paragraph B, on page 2, be deleted, that paragraph C becomes
B, and that D becomes C. Councilman Connell seconded the motion.
There being no further discussion, the Mayor called for a roll
call vote. Council members Steve Miller, Sheila Davis, A.J.
Wells, Al Connell, and Don Buick voted "aye". Councilman Clint
Watkins voted "nay". The motion carried by a 5 to 1 vote.
First reading of Ordinance No. 86-5, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.800 AND CHAPTER 15.08 OF THE AVON MUNICIPAL
CODE AND PROVIDING-FOR-THE-PROTECTION OF THE PUBLIC HEALTH AND
SAFETY; REGULATING' FEES AND THE ERECTION, CONSTRUCTION,
ENLARGEMENT; ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION,
DEMOLITION, OCCUPANCY, USE, HEIGHT, AREA, AND MAINTENANCE OF
BUILDINGS OR STRUCTURES IN THE TOWN OF AVON, COLORADO; ADOPTING BY
REFERENCE THE 1985 EDITION OF THE "UNIFORM BUILDING CODE" AND THE
1985 EDITION OF THE "UNIFORM BUILDING CODE STANDARDS"; AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Norm Wood approached the Council. He stated that Ordinances 86-5,
86-6, 86-7, and 86-8, Series of 1986, were all directly related to
updating the Building Codes to the 1985 Editions. Ordinance 86-5
adopts the 1985 "Uniform Building Code", Ordinance 86-6 adopts the
1985 "Uniform Mechanical Code", Ordinance 86-7 adopts the 1985
"Uniform Plumbing Code, and Ordinance 86-8 adopts the 1984 edition
of the "National Electrical Code". {-The "National Electrical
Code" is on a different year basis than the rest.)
Mr. Wood stated that the changes in all these ordinances were
changes to section or reference numbers, or to delete sections now
covered by the Codes that previously were not. Fee schedules were
also updated to reflect the new Codes. He stated that the
Electrical Fee Schedule was taken from State recommendations. Mr.
Wood stated that the Fire Code was in draft form, for review, and
should be before Council at the next meeting.
At this point, Councilman Miller moved approval of Ordinance No.
86-5, Series of 1986, on first reading. Councilwoman Davis
seconded the motion. There being no further discussion, the Mayor
called for a roll call vote. Those Council members voting "aye"
were Clint Watkins, Steve Miller, A.J. Wells, Sheila Davis, Don
Buick, and Al Connell. There were no "nay" votes. The motion
carried unanimously.
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First reading of Ordinance No. 86-6, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.820 AND SECTION 15.24.010 OF THE AVON
MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
HEALTH AND SAFETY; REGULATING FEES AND THE INSTALLATION AND
MAINTENANCE OF HEATING, VENTILATING, COMFORT -OOOLING AND
REFRIGERATION SYSTEMS IN'THE TOWN OF AVON, COLORADO, FOR THE
PURPOSE OF PROVIDING A UNIFORM MECHANICAL CODE CONSISTENT WITH AND
GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE TOWN;
DEFINING CERTAIN TERMS; ESTABLISHING-MINIMUM-REGULATIONS; ADOPTING
BY'REFERENCE THE 1985 EDITION OF THE "UNIFORM MECHANICAL CODE";
AND PROVIDING PENALTIES~FOR THE VIOLATION THEREOF.
Councilman Miller moved approval of Ordinance No. 86-6, Series of
1986, on first reading. Councilman Connell seconded the motion.
There being no further discussion, the Mayor called for a roll
call vote. Council members Steve Miller, Clint Watkins, Sheila
Davis, A.J. Wells, Al Connell, and Don Buick voted "aye". There
were no "nay" votes. The motion carried unanimously.
First reading of Ordinance No. 86-7, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.830 AND SECTION 15.20.010 OF THE AVON
MUNICIPAL CODE -AND, PROVIDING FOR THE PROTECTION OF THE PUBLIC
SAFETY; REGULATING FEES AND-THE INSTALLATION, ALTERATION, REPAIR,
AND MAINTENANCE OF PLUMBING AND DRAINAGE SYSTEMS AND THE
INSPECTION 'THEREOF'IN THE TOWN OF AVON, COLORADO, FOR THE PURPOSE
OF, PROVIDING A PLUMBING CODE CONSISTENT WITH AND GENERALLY
CONFORMING 'TO SIMILAR REGULATIONS THROUGHOUT THE TOWN; DEFINING
CERTAIN TERMS; ESTABLISHING MINIMUM REGULATIONS; ADOPTING BY
REFERENCE THE 1985 EDITION OF THE "UNIFORM PLUMBING CODE"; AND
PROVIDNG PENALTIES FOR THE VIOLATION THEREOF.
Councilman Miller moved approval-of Ordinance No. 86-7, Series of
1986, on first reading. Councilman Connell seconded the motion.
There being no further discussion, the Mayor called for a roll
call vote. Council members Sheila Davis, Clint Watkins, A.J.
Wells, Don Buick, Al Connell, and Steve Miller voted "aye". There
were no "nay" votes. The motion carried unanimously.
First reading of Ordinance No. 86-8, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.810 AND SECTION 15.12.010 OF THE AVON
MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
HEALTH AND SAFETY; REGULATING FEES AND REGULATING THE
INSTALLATION, ALTERATION, REPAIR; AND MAINTENANCE OF ELECTRIC
CONDUCTORS AND EQUIPMENT WITHIN OR ON PUBLIC AND PRIVATE BUILDINGS
AND OTHER'PREMISES IN THE TOWN OF AVON; DEFINING CERTAIN TERMS;
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ESTABLISHING FUNDAMENTAL SAFEGUARDS AND EXAMINATION OF EQUIPMENT
FOR SAFETY; ADOPTING BY -REFERENCE THE 1984 EDITION OF THE
"NATIONAL ELECTRICAL CODE"; AND PROVIDNG PENALTIES FOR THE
VIOLATION THEREOF.
Councilwoman Davis moved approval of Ordinance No. 86-8, Series of
1986, on first reading. Councilman Miller seconded the motion.
As there was no further discussion, the Mayor called for a roll
call vote. Council members Clint Watkins, Steve Miller, A.J.
Wells, Sheila Davis, Al Connell, and Don Buick voted "aye". There
were no "nay" votes. The motion carried unanimously.
There being no Unfinished Business, New Business, or Town Attorney
Reports, Mr. James proceeded with the Town Manager Reports.
He reviewed the February 10, 1986, work shop meeting, with Ross
Consulting, Inc., where Rick Pederson had presented Council with a
work program schedule. Mr. Pederson presented a proposal whereby
items #1, 2, and 3 on the Phase I sample work plan would cost
between $5,000 and $7,000, and Phase II items #4, 5, and 6 would
cost substantially more. Mr. Pederson stated that a price would
have to be negotiated for items #4, 5, and 6 (consisting of site
acquisition/control, a detailed market analysis, and a marketing
program) if the Town was interested in continuing. Mr. James
stated that, based on this, Council felt the Town should proceed,
and a proposal should be sought from Ross Consulting, Inc., to be
presented at the February 25, 1986, Council meeting.
No action was taken. (See attached sample Workplan, submitted by
Ross Consulting, Inc.)
Mr. James updated Council on meetings he has had with developers.
He stated he met with both Landmark Hotel Corporation and
Peregrine Properties. Peregrine currently appeared to be in the
same position they were in before. The project is basically
"status quo" until there is an opportunity to discuss other
options.
Landmark Hotel Corporation is still proceeding, and they are still
anticipating being able to use Industrial Development Bonds. They
feel this is a critical aspect of their project. Mr. James stated
there had been discussions on the possibility of the Town putting
its convention center on this site, and he had been asked about
some of the Town's other alternatives.
The Wynfield Inn was still moving ahead, and a May 1, 1986,
starting date was anticipated.
Resubdivision of Tracts Q and R, and Lot 20, Block 2, Benchmark at
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Beaver Creek (Cunningham Subdivision) was next presented to
council for discussion.
Norm wood stated that, in reviewing the Tracts Q and R subdivision
with Jim Cunningham, there appeared to be concern over how to de-
velop a method of assuring completion of improvements required
in association with most subdivisions. The concerns were related
to parking and site improvements required to meet zoning
requirements for parking. Mr. Wood stated that attorney Art
Abplanalp was working closely with attorney Steve Sutton on the
matter.
Mr. Wood felt the issue should be reviewed by Council to see if
there were any particular problems regarding restrictions on the
Plat and the time frames for completion. He stated he would like
any feedback Council may have, prior to incorporating these items
into the Subdivision Agreement that would be presented at a later
date. The purpose of the proposed Subdivision Improvements
Agreement was to obtain for the Town immediate access, across what
is now Tract Q, to the lots to the east. This was in association
with public improvements to Tract Q, and the resubdivision of
Tracts Q and R into new lots.
There was concern over item #3, found in a memorandum from Art
Abplanalp dated February 6, 1986. It was suggested to change the
word "division" to "separate conveyance", in the first line of
item #3.
Discussion followed.
No action was taken. (See attached memorandum from Art Abplanalp,
dated February 6, 1986.)
Council recessed at 8:20 p.m., and reconvened at 8:26 p.m.
The Financial Matters were next presented to Council.
Councilman Buick moved to receive items #1 through #9. Councilman
Connell seconded the motion, and it carried unanimously.
Councilman Watkins moved approval of the General Fund Accounts
Payable for February 11, 1986. Councilman Connell seconded the
motion, and it carried unanimously.
Councilwoman Davis moved approval of the Reconciliation Sheet of
Accounts Payable for February 11, 1986. Councilman Watkins
seconded the motion, and it carried unanimously.
The minutes of the January 28, 1986, Council meeting were next
presented to Council. Councilman Miller moved approval of the
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January 28, 1986, Council meeting minutes, as presented.
Councilman Watkins seconded the motion, and it carried
unanimously.
Councilman Miller again spoke before the Council regarding his
concern about a letter received relating to a particular business
in Avon and its guest relations problem. He stated that this was
the third time this matter has been mentioned. He stated that the
Town Attorney had suggested that Council, as a group, could draft
a letter to express its displeasure with the lack of concern this
business has displayed for its guests.
Discussion followed. The Council felt its hands were somewhat
tied, as far as being able to do anything about the matter.
It was suggested that the Homeowners Association and the owners of
the Management Company be contacted.
Mr. James stated he would copy the letters for the Western Vail
Valley Chamber of Commerce Board of Directors meeting that was to
be held February 13, 1986. He stated he would report back to
Council at the next regular meeting.
Mr. James stated he had been appointed to the Vail Institute Board
of Directors. He would coordinate sponsorships, and Councilman
Miller would assist.
Mr. James had also been appointed to the Vail Symposium Board of
Directors.
Mr. James discussed the Mountain Man Triathlon. He stated he had
been appointed as a Honorary Member of the Board of Directors.
He would now have voting powers, would voice opinions and
concerns, and would assist in the event as far as how it should be
run.
Mr. James discussed the Peregrine Project, with respect to whether
or not the Town could assist the developers in proceeding with the
project. He stated that, if the project does not continue on
schedule, he did not know what tax impacts it might have on Avon.
He asked Council to authorize an expenditure of $2,500 to allow
him to work with Stan Bernstein to determine what these impacts
might be.
Councilman Miller moved to authorize an expenditure not to exceed
$2,500. Councilman Wells seconded the motion.
Discussion followed.
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Councilman Watkins thought th
He stated that, according to
asking for moral support. He
Town to spend $2,500 to figure
Councilman Wells felt the Town
out what the Town could offer
After further discussion, the
The motion carried by a 4 to 2
E
e banks were paying for this study.
John Dunn, the developers were only
felt it would be premature for the
out what it may be able to offer.
should spend the $2,500, to figure
any project.
Mayor called for a vote.
vote.
As there was no further business to come before the Council,
Councilman Miller moved to adjourn. Councilwoman Davis seconded
the motion. Mayor Nottingham adjourned the meeting at 8:55 p.m.
fully Sub{nittod:
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atricia J. a0vl&-; T
erk
APPROVED:
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LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
P. O. BOX 340
PETER COSGRIFF VAIL,COLORADO 81658
JOHN W. DUNN
ARTHUR A. ABPLANALP. JR. 13031 476-7552
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
LESLIE J. RANNIGER
To: Norm Wood, Avon Town Engineer
From: Arthur A. Abplanalp, Jr.
COSGRIFF, DUNN 6 BERRY
P. O. BOX 11
LEADVILLE, COLORADO 80461
(303) 486-1885
Subject: Tracts Q and R Subdivision Improvements Agreement
Date: 6 February 1986
The purpose of this memorandum is to memorialize,
for the consideration and review of the Town Council
and Planning Commission, the proposal which is presently
under consideration for a subdivision improvements
agreement affecting Tracts Q and R, and to an extent
Lot 20, Block 2, of the Town of Avon.
The purpose of the proposed subdivision improvements
agreement is to obtain for the Town of Avon, immediately,
access across what is now Tract Q to the lots to the east,
in association with public improvements to Tract Q and
the resubdivision of Tracts Q and R into new lots. The
difficulty which we have encountered has been the fact
that there is no certainty on the part of owner of the
land in question that the property will be divided by sale
and that the improvements will be in place within the
immediate future. As a result of these considerations,
we have determined, among ourselves, that the following
is the most practical option:
1. The access easement will be made available to
the Town immediately, in accordance with the most recent
proposal.
2. The owner of Tracts Q and R will commit to
install the improvements within five years.
3. There will be no division of Tracts Q and R
until either the improvements are installed or a bond
acceptable to the Town is posted, which restriction will
be evidenced by both the agreement and a plat restriction.
The plat restriction will have a life of twenty years, to
provide the Town with some flexibility in enforcement.
PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P.C.AND TIMOTHY H. BERRY, P.C.IN LEADVILLE,
DUNN 6 ABPLANALP, P. C. IN VAIL.
Norm Wood
6 February 1986
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4. In the event the improvements are not installed
within five years, the Town will have the right but not
the obligation to recover costs against the owner of Tracts
Q and R enter the property and construct the proposed
improvements.
5. The amount of any security posted in order to
permit division and sale of the divided property shall be
in an amount determined by firm bids acceptable to the
Town, rather than engineer's estimates which might now
be available.
6. The owner of Lot 20 will convey to the Town
the southern corner of that lot and will participate
in the dedication of a portion of a new street between
Lot 20 and present Tract Q.
7. The new plat, substantially in the form presently
under consideration, will be filed immediately.
It is my understanding that you will be reviewing
this proposal with the Council and possibly the Planning
Commission within the near future. We shall look forward
to learning their comments, and whether we are.to proceed
with the necessary revisions of the most recent draft of
the subdivision improvements agreement.
xc: Mr. Steve Sutton
SAMPLE WORKPLAN
Avon, Colorado
I. Market Reconnaissance
• Demand estimation
trade area definition (Vail Valley)
population growth/household formation ,
incomes
employment growth
retail sales by trade classification
• Supply estimation
current retail product supply by type, location,
merchandise sold
under construction or proposed retail product
• Private discussions with targeted retailers/developers to
ascertain:
general location requirements (trade area,
population, disposable income, competition)
specific thoughts regarding Avon (areas of
special concerns)
II. Fatal Flaws Physical Site Analysis
• Parcel size requirements
• Zoning
• Access, ingress/egress influences
- • Visibility, utilities available
III. Project Feasibility Session
• Define preliminary market threshold for retail:
amount, type of merchandise
product type, size
likely maximums for ground cost, lease rates
• Location timing/phasing
• Review available sites within and outside of Avon; land
costs, infrastructure costs
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• City definition of benefits, resource parameters:
cash availability (land buydown, land development)
infrastructure assistance (utilities, zoning,
parking, access)
debt/financing helps (public or private)
equity participation interest/limits
• "No Go" decision or "Go" strategy
IV. Site Acquisition/Control
• Negotiation with landowners
V. Detailed Market Analysis
• Thorough objective estimates of demand, supply, project
viability
• Direct contact with targeted retailers to confirm assump-
tions
VI. Marketing Program
4? Request for proposal process to pre-screened developers