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TC Minutes 05-13-1986• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MAY 13, 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 Pro-Tem Sheila Davis called the meeting to order at 7:31 p.m. A roll call was taken with Clint Watkins, Steve Miller, Al Connell, and Don Buick present. Mayor Allan Nottingham and Councilman A.J. Wells were absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works, Parks & Recreation Larry Brooks, Chief of Police Joe Olson, and members of the press and public. The Mayor Pro-Tem called for Citizen Input. Linda Clark, with Boettcher and Company, approached the Council. She presented a check, in the amount of $5,000, to the Vail Institute, stating that Boettcher wanted to put monies back into the communities they have worked with. The monies would be used wherever Boettcher does the most financing through the valley. Christine McGinley, of the Vail Institute, thanked Linda Clark and Boettcher and Company for the check. Christine McGinley then reviewed the upcoming Balloons, Bluegrass, and Bar-b-que festival with Council. Craig Atlschul, with Vail Associates, approached the Council. He stated it was his goal, when there are events of some magnitude at Beaver Creek or Avon, that there be a cross-sell that could benefit everyone. He discussed some upcoming events being proposed for Beaver Creek, and suggested that everyone work together. The Mayor Pro-Tem thanked Mr. Atlschul and Ms. McGinley for their comments. Jim Funk, with Beaver Creek Resort, approached the Council. He suggested the possibility of having a fireworks show in conjunc- tion with the Balloons/Bluegrass festival. He wanted to determine whether there was any interest in having such a show. He stated • that such a show could be put on at a cost of anywhere from $3,000 to $20,000, and that it could be a ten to twenty minute show. The preferred location would be the west end of Nottingham Park. Councilwoman Davis stated that, before a fireworks show was added to the event, it should be cleared through Christine McGinley so she could coordinate it with the other activities. Because such a show was not included in the Balloons/Bluegrass budget, there was concern about where funding for fireworks would come from. Councilman Connell felt it was possible that too much was being crowded into one event. After discussion, it was suggested that Mr. Funk coordinate the proposed show with Christine McGinley or the Recreation Department. It was also suggested that the fireworks show could possibly be added to the Summer Solstice event. Mayor Pro-Tem Davis thanked Mr. Funk for his presentation. There being no further Citizen Input, Mayor Pro-Tem Davis closed the discussion. First reading of Ordinance No. 86-12, Series of 1986, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. (Eaglebend) Norm Wood approached the Council. He reviewed the map and the proposed project with Council. He stated that Ordinance No. 86-12 was before Council, on first reading, for the zoning of the Eaglebend area. The annexation was previously approved on first reading, with completion of the annexation process contingent upon an Annexation Agreement that tied certain zoning conditions to the area. Mr. Wood stated that the annexation and zoning ordinances were informally presented to the Planning and Zoning Commission at their previous meeting, and was scheduled for formal public hearing at the Commission's May 20th meeting. Mr. Wood stated, basically, that the area was broken down into six different areas with different types of uses proposed for. each area. Area I was located just north of the area immediately west of the entrance road, across from the Stonebridge project. 67 residential development rights would be developed into 90 smaller, or fractionalized, units. Maximum building heights, setbacks, types of uses, some limited commercial uses, some recreational amenities, and two levels of structure parking were shown on the map. A 90 foot building height was proposed, and the Planning and Zoning Commission has recommended that, if the 90 foot building -2- • • height was to be approved, it be contingent upon at least two levels of structured parking being provided with at least one space per each residential unit. If the conditions were not met through the plan that was actually presented for that site's development, the maximum building height would be reduced. Area II was proposed for the requested 83 residential development rights. Preliminary proposed development would consist of condominium projects. Eleven buildings, with ten small fractionalized units per building, were proposed. Mr. Wood stated that 70, single-family, cluster homes were originally approved by the County in areas I and II. Area III. 19 development rights were requested for this area; 18 were approved by the County; 12 have been built. Mr. Wood stated that the additional unit that was requested was for an on-site manager's residence that would be built in conjunction with a spa. Area IV was proposed for townhouse development. There would be 32 townhouse units that would not be fractionalized as was currently presented. Area V contains the existing duplex lots along the river, that have not been changed from what was approved by Eagle County. There are 19 lots, 38 development rights proposed for area V. Area VI was the Frank Doll residence; currently a single-family residence. It was being requested that this lot be changed to a duplex lot. Mr. Wood stated that Eagle County has approved 145 development rights, but 241 development rights have been requested and, with the units proposed for construction, the total number of units would be 291 for the Eaglebend project. Mr. James recommended that Council refer this to the Planning and Zoning Commission so their public hearing could be be held. This way, the Commission's comments would be back to Council for second reading of this ordinance on May 27, 1986, at which time second reading of the annexation ordinance would be considered, also. Councilman Watkins stated that the applicants were actually doubling their unit density, which would benefit the Eaglebend group, but wondered what benefits the Town would see if this project were to proceed. Mr. James stated that this question should be part of the public hearing process, in terms of the annexation itself, the revenue benefits the Town might expect, and the services the Town would -3- • • have to provide. Councilman Watkins stated that, when they first came before Council, the applicants were asked what the difference in density would be. At that time, Council was assured that, under the zoning requested, the density would be the same as they had from the County. Councilman Watkins felt that this was not what he was now hearing. Councilman Connell agreed. Councilman Watkins stated he would like to see something from Town Planner Jim Lamont regarding how this project would fit in with the Town's Master Plan. Mr. Wood stated that the density per acre was 8.65 for the entire site. He stated that Tract A was designated as open space. The bike path would follow along Metcalf Ditch, along the northerly edge of Tract A, and would then tie into the cul-de-sac. Arthur Wise, architect and land planner for Eaglebend, approached the Council. He stated that Jim Lamont had reviewed everything produced by the applicant, and had informal sessions with the Council and the Planning and Zoning Commission, before they had gone ahead with the annexation. Mr. Wise stated that the 90 foot building height was requested because they would like to have a sloped roof on the building. He stated that they would be under that height if they went with a flat roof, but they felt the sloped roof was more appropriate for the Town of Avon and for the general mountain surroundings. Mr. Wise stated that the 90 foot roof would vary in height, and that 90 feet was at the highest point of the roof. At this point, Mr. James again recommended that Council approve the ordinance, on first reading, and refer it to the Planning and Zoning Commission. Then Council would have the Commission's recommendations for a final decision at the second reading (public hearing). He stated it is the approval of first reading that enables the process to continue through the public hearing and into second reading of an ordinance, so that a final decision can be made. Councilman Connell felt that passing an ordinance on first reading gives an indication that all is well. He stated he could not support the 90 foot building height, and suggested tabling the ordinance. Councilwoman Davis preferred that the ordinance be passed on first reading and then be referred to the Planning and Zoning Commission so Council could receive the Commission's response and their justifications for allowing the 90 foot height, if there were any. Councilman Miller agreed. Councilman Miller moved approval of ordinance No. 86-12, Series of 1986, on first reading. Councilman Buick seconded the motion. Councilman Miller voted "aye". Council members Clint Watkins, Al -4- Connell, and Don Buick voted "nay". The motion to pass the ordinance on first reading was denied by a 3 to 1 vote. Norm Wood stated that the Planning and Zoning Commission's public hearing would still be scheduled. Art Kleinstein, developer of the Eaglebend project, approached the Council. He did not understand what had just happened, and requested some clarification. He then reviewed with Council the procedures they had gone through to have gotten this far with the project. The Town Attorney stated that what staff had tried to do was speed the process up, so that second reading of the annexation ordinance and second reading of the zoning ordinance would occur simultaneously. Now, since this ordinance did not pass on first reading, this can not be done. After the Planning and Zoning Commission has their public hearing, however, the matter would then be brought back before Council. This would involve tabling the annexation ordinance for a similar period of time, so the process would continue on the same time frame. Council would then consider first reading of ordinance 86-12 after the Planning and Zoning Commission has made their report. It was stated that Council had concerns regarding the building height and the density of the project. Discussion followed. Councilwoman Davis stated this had been one of the best zoning presentations she had ever seen. Next on the agenda was Resolution No. 86-11, Series of 1986, A RESOLUTION IN APPRECIATION OF CHERYL DINGWELL'S SERVICES ON THE PLANNING AND ZONING COMMISSION. Mayor Pro-Tem Davis read the resolution in its entirety. Councilman Watkins moved approval of Resolution No. 86-11, Series of 1986. Councilman Miller seconded the motion, and it carried unanimously. The Town Attorney's reports were next on the agenda. Mr. Dunn reviewed the Brief of Defendants - Appellees of the Wilson/McAdams litigation. He stated that the appeal was filed after the Town had prevailed in Trial Court in having the complaint of Wilson and McAdams dismissed. The appeal was docketed in the Court of Appeals last fall, and the opening brief of the appellant was filed around three months ago. The brief now before Council was filed in the Court of Appeals last Friday. Mr. Dunn stated it would probably be a year to a year and a half before the matter would get to Oral Argument, and it would then be taken under advisement for several months. Mr. Dunn anticipated a -5- 0 • decision in the case in about a year or so. He stated that this law suit could possibly go clear to the Supreme Court. Mr. Dunn then reviewed the other brief, regarding the Peregrine Properties, Ltd. litigation. He stated there are 76 parties to the law suit. Mr. Dunn filed a motion for Summary Judgement about three months ago, and a memorandum brief was prepared in support of that Summary Judgement. The attorney stated that the matter was set for Oral Argument on May 14, 1986. He felt the Town would prevail in its assessments, and stated he was optimistic that the Town could prevail upon the Court to let the foreclosure proceed. Mr. Dunn stated that any one of the mechanics lien inclaimants would have the opportunity to try to stop that procedure. He would let Council know the outcome of the Oral Argument. Mayor Pro-Tem Davis thanked Mr. Dunn for his reports. Joe Olson reported on railroad crossing speed limits. Based upon information received from the.Public Utilites Commission, Chief Olson reported that the Commission does not regulate train speeds, and has recommended that the Town not try to regulate speed limits due to the potential for conflict between local government and federal regulations. Mr. James reported on the BMX track proposed for the lot next to Avon Center. He stated discussions with the owners of Avon Center had resulted in the conclusion that, if the Town could submit a Lease Agreement to Avon Center, in the amount of $1.00 per year, and assure them that they would not incur any liability, then Avon Center would be willing to consider the proposed lease. Mr. James stated that the Town would be responsible for attorney's fees to draw up an agreement, and for presenting it to Avon Center. Councilman Connell moved to direct the Town Attorney to draw up a Lease Agreement for a BMX track at the Avon Center site. Councilman Watkins seconded the motion, and it carried unanimously. Mr. James reported on the Symposium. Councilman Watkins events that would be compelled support. Councilman Miller agreed. Council agreed there would be the Town of Avon in support of financial commitment for the Vail felt this seemed to be one of those to make it without tax monies for no contributions forthcoming from the Vail Symposium. -6- The next item before the Council was a presentation from the Chamber of Commerce regarding the bed tax. Mr. James stated that an increase in the bed tax, from 1% to 4%, had been proposed last September, when Council had been working on the 1986 budget. The revenues generated were to be used specifically for transportation. At that time, the lodging community felt the increase would be detrimental to their industry, because the total tax would go from 9.1% to 12.1%. As a result of those discussions, Council gave the lodging community until June of this year to work out a plan for financing transportation, to be approved by Council in lieu of increased bed tax. Mike Bennett, with Beaver Creek West Condos and also representing the Chamber of Commerce, approached the Council. He stated that short-term rental operations would pay a good portion of the transit system costs through their proposed increase in utility tax. He stated that the lodging community would be comfortable absorbing the proposed 1/2% increase in accommodations tax, but felt that an increase to 12.1% would create real problems. He stated that double-digit taxation would be a real exception to the rule that could adversely affect the tourism industry in Avon. Councilman Watkins stated that Avon's transportation budget was approximately $580,000, and it has been estimated that around half of that was attributed to the cost of going from the Beaver Creek Sales Center up to the base of the ski lifts. He asked what affect elimination of this portion of the ride would have on short-term rentals. Mr. Bennett stated there would probably be no affect the first year, but the impacts would be very substantial the second year, and it would be possible that Vail Associates would charge Avon from transportation up to the base of the lifts. Councilman Watkins felt that the ride to the base of the lifts was not that important to Avon's locals; it would be just as easy to drive to the parking lots for them. Mr. Bennett stated it would be detrimental to Avon if the transportation was not available, and the lack of availability would stunt tourist growth for Avon. Councilman Watkins requested that staff put together ridership figures for the 1985-86 ski season for the next Council meeting. Mr. James stated he would have that information for Council's next meeting. He stated there would be further discussion on the bed tax at that time, and suggested inviting Bob McIlveen, of Beaver Creek Transit, to the next meeting. Council agreed. Councilman Watkins brought up the fact that, after the -7- contribution to the new transportation study for the World Cup, there was a balance in the Lift Fund of $48,698.21. This money supposedly belonged, in 1/3 shares, to the towns of Avon and Vail and to Eagle County. He suggested cutting each entity a check for their share, and putting Avon's share into an account to be used for some worthwhile purpose. Discussion followed. Councilman Watkins moved to direct the Town Manager to split the money into one-third shares, and to return one-third to the County and one-third to Vail. Councilman Connell seconded the motion. Councilwoman Davis felt that, since this was not a scheduled agenda item, the County and Vail should be asked to respond to the action being proposed before Avon makes any final decision. Councilman Connell felt the parties in question would not complain about receiving the money. The motion carried by a 3 to 1 vote, with Councilman Miller opposing. The Financial Matters were next presented to Council. Councilman Buick moved to receive items #1 through #12. Councilman Connell seconded the motion, and it carried unanimously. Councilman Miller moved approval of the General Fund Accounts Payable for May 13, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund and the Lift Fund Accounts Payable for May 13, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for May 13, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller moved approval of the April 22, 1986, Council meeting minutes, as presented. Councilman Watkins seconded the motion, and it carried unanimously. Council agreed to appoint Allan Nottingham as the representative for Avon to attend the Eagle County Government Economic Summit Conference. The conference was scheduled for May 22, 1986, at the Raintree Inn at Vail, and Council agreed not to limit the Town's representation if other Council members also wished to attend. -8- 0 0 Mr. James stated he had received an invoice for the first payment on the World Cup Championship donation. He requested that this item be placed on the next Council agenda, and suggested the possibility that John Horan-Kates be asked to attend to address the matter. Council agreed, and suggested that Mr. James have a report for Council regarding the progress of the 1989 World Cup. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Connell. Mayor Pro-Tem Davis adjourned the meeting at 9:45 p.m. speptfully Su4m~tted APPROVED: Q tricia J. DQy' e, Town C ,erk -9-