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TC Minutes 04-26-1988MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD APRIL 26, 1988 - 7:30 P.M. The regular meeting of the Town Council of the Town of P.von, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Pro Tem Steve Miller at 7:45 p.m. A roll call was taken with Emilie Harrison, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Mayor Allan Nottingham was absent. Also present were Assistant Attorney Terri Diem, Town Manager Bill James, Director of Engineering Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor Pro Tem called for Citizen Input. There being no one wishing to be heard, the Mayor Pro Tem closed the discussion. First reading of Ordinance No. 88-6, Series of 1988, AN ORDINANCE AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO SIGNS. Norm Wood stated that the Planning and Zoning Commission had requested some revisions to the Sign Code. The purpose of the revisions were to clarify some areas of the Code, and also to make some provisions to the Code which would be more compatible with the applications that they had been receiving and subsequently improved. A memorandum was submitted which summarized the proposed changes. Mr. Wood then proceeded to review those changes which were as follows: Section 1. 1. Redefines "Building Front" to allow more than one side of a building to be considered as a front when the property is bordered by more than one street. 5. Deletes the provision that only one property boundary may be considered as a lot front. 9. Revises sign area definition to include only one side of a two sided sign in sign area calculations. Section 2. A. Removes reduction to 1/3 square foot of allowable sign area per lineal foot of building front in excess of 32 lineal feet and eliminates maximum sign area of 64 square feet. This change was requested to allow signage on larger buildings to be more in scale with the building. • • B.1 No change. B.2 Increases allowable sign area for an individual business in a multiple business project from 12 square feet to 20 square feet in vehicular oriented locations. B.3 Allows an increase in sign area based upon lineal feet of store front of an individual business in multiple business project when approved as a part of an overall sign program. H.1 No change. H.2 No change. H.3 No change. H.4 New paragraph allowing sign administrator to issue permit for development sign meeting specified criteria without planning and Zoning Commission review. H.5 New paragraph providing for Planning and Zoning Commission review of development signs not meeting specified criteria. M.1 Increase allowable area for temporary signs from 16 square feet to 35 square feet. M.2 Increase the frequency which temporary signs may be displayed from once every 120 days to once every 30 days. M.3 No change. M.4 New paragrpah providing for Planning and Zoning Commission review of temporary signs not meeting the specified criteria. Mr. Wood recommended that Council adopt Ordinance No. 88-6, Series of 1988 on first reading. Councilwoman McRory moved approval of Ordinance No. 88-6, Series of 1988 on first reading. The motion was seconded by Councilman Connell. After some discussion, Mayor Pro Tem entertained a vote on the motion. Those Councilmembers voting aye were: Emilie Harrison, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Assistant Attorney Terri Diem requested that the Council retire into executive session after the adjournment of the meeting-in respect to the Wilson/McAdams Litigation. The Council agreed. The Council, by ballot voting, appointed the following applicants to the Planning and Zoning Commission. They were: Denise Barlock-Hill, Clayton McRory and John Perkins. It was requested that letters be sent to the applicants who were appointed, and also letters to those who took the time to apply, and thank them from the Council. Also, a resolution in appreciation of their time and services for the outgoing members. The new members would take their positions at the May 3rd, 1988 Planning and Zoning Commission meeting. Norm Wood reported on the Denver's Lost Water Options - Two Forks Reservoir. He stated that he had reviewed the memorandum "Denver's Lost Water Options" and the draft resolution with Barbara Green, the water attorney for North West Colorado Council of Governments. Mr. Wood stated that Ms. Green suggested that if the Town wished to adopt a resolution as a gesture of opposition to the Two Forks Project, that it should be tailored specifically to Avon's objections. He stated that the Two Forks EIS review and public comment period had been extended from May 5, 1988 to May 20, 1988. -2- • • Councilman Watkins reported on the meeting that was held in Denver, which Governer Romer attended, in regard to the Two Forks Reservoir. Councilman Watkins felt that the County's position was well stated by County Commissioner Dick Gustafson. Councilman Watkins agreed that a resolution should be drafted that would be tailered more toward Avon's situation. Councilman Connell moved approval that staff draft a resolution in respect to the Two Forks Reservoir. The motion was seconded by Councilwoman Harrison and was unanimously carried. This resolution was to be approved at the next council meeting. It was stated that there was a need for a state-wide water policy. Next on the agenda was a report on the Building Cost Comparison. Norm Wood stated that he had done a study of variable building costs which were under control of the Town or County. The costs were based upon a duplex having 1850 square feet per unit. (See memorandum attached to these minutes). These fees were for the following: Design Review; Building Plan Check; Building Permits; and Road Cut Permits. Mr. Wood stated that these figures seemed to bear out complaints that it costs more to build in Avon than in surrounding areas, although the differences in these costs is fairly insignificant compared to the overall land and building costs for a typical project. Mr. Wood stated that these costs were relatively insignificant compared to the total project cost, and recommended that the Council consider some revisions to Town Codes to reduce these cost differences and remove some requirements which may be minor obstacles to developers. These requested changes were: A. Section 15.04.440 - Delete the 1.5 multiplier for calculating building permit and plan check fees. This would make building permit and plan check fees the same as in Eagle County. B. Section 15.04.720 - Modify to allow permanent Certificate of Occupancy providing adequate surety (1500 of estimated costs) is provided to assure completion of exterior cleanup and landscaping. Current provisions only allow for a temporary Certificate of Occupancy until all landscaping and cleanup is complete. C. Section 12.04.280 - Modify to eliminate requirement for a performance bond for work within a public right-of-way if work does not involve cutting pavement such as installation of driveway entrances. Mr. Wood stated that these changes should have a relatively small impact on the Town and should address a significant proportion of complaints received from builders and developers. Councilman Watkins directed staff to draft an ordinance to reflect these changes. The motion was seconded by Councilman Davis and was unanimously carried. -3- • • Councilman Davis requested that staff come back to Council with a report in regard to the recent issue of underground parking and above ground parking, in relation to, compact cars. Mr. Wood stated that he would have a report for the Council at the next meeting. Proclamation in regard to "National Consumers Week" was next presented to the Council. Mayor Pro Tem Miller read the Proclamation in its entirety. Councilwoman McRory moved approval that April 24-30, 1988 be set aside and be proclaimed as "National Consumers Week". The motion was seconded by Councilman Davis and was unanimously carried. Mayor Pro Tem Miller stated that Council had received a letter of response from Daniel Sunday, President and General Manager of Alpine Vending and Video in Avon. Mr. Sunday had acknowledged the Council's concerns, and offered that response to the Council for discussion. Councilman Connell stated that it was his understanding that the Christie Lodge had barred all local young adults from the building, parking lot and general premises. Councilman Davis stated that it was an issue of concern for such a small community. He stated that the issue was not whether someone was discriminating or not discriminating, but that there was a problem. He stated that the Council cannot dictate how people should run their business, but the Council could act as a mediator to solve the problem, and stated that he did not have a solution to the problem. Councilman Watkins stated that it was wrong if the young local adults were being discriminated against, and not allowed on that premises. He stated that the young local adults were the ones who built up that business. He stated that he had no solution to the problem, but it did indicate a need for a teen center. He stated that there are a number of buildings around Avon that were not being utilized, and maybe there would be a place to open a center. Mayor Pro Tem Miller agreed, and suggested that an interested member of the Council set down with interested members of the community, as well as, interested young people, and try and form some sort of committee to identify; 1) the problem and 2) the need, and to see what was available in the community for such a center. -4- • • Councilman Davis stated that he would support some type of funding fur such a project, but the interest would have to come from the community as well. Mayor Pro Tem stated that he would like to see some type of generic out-of government approached as to what the problems were; what the needs were; then, bring those concerns back to the Council, or the committee. He stated that based on what those needs were, and what an appropriate dollar amount, the Council could then possibly help. The Town Manager stated that he felt that it was doubtful that the Town needed a teen center. He suggested that the Town pay for supervision at the establishment. Councilman Connell stated that he would volunteer his time to set on the committee, but that the issue needed some adult interest,=.along with, teen input. Councilman Davis stated that a committee was needed, but even more so, more information was needed as to what the teenagers wanted. After further discussion, Mayor Pro Tem Miller stated that he needed some direction from the Council. Councilman Watkins stated that Council may want to ask for volunteers of people who were interested in serving on a committee, then possibly contact the Council for help. It was suggested that the Town offices may be used as a contact point, and that all interested people who have information or phone numbers of interested people, contact the Town Clerk's Office. The Town Manager gave an update report on the July 4th Western Days Event. He stated that the event had been moved to the 6th and 7th of August, 1988. He stated that the Committee had met several times, and felt that it be best to contract outside, and to have someone else put the event together. He stated that they would bring a final budget back to the Council by the May 10th meeting. He stated that they want to break even on this event. Mr. James recommended an amount of $500 to Thomas Entertainment Consultants. Councilman Connell so moved. The motion was seconded by Councilwoman McRory and was unanimously carried. Mr. James reported on the T.V. Translators. He stated that he and Councilman Davis would be meeting with the County Commissioners, Thursday, April 28, 1988 at 10:00 a.m. to discuss T.V. Translators. He stated that he had received a proposal from Cal Thomas regarding T.V. Translators. -5- • Mr. James reported on the Checkmate Statue. He stated that they should have a cost estimate by the next council meeting. Mr. James reported on the softball field. He stated that there was a new agreement for Tract P and the softball field. He stated that Jim Wells had agreed to this new agreement, and now they would present the agreement to the County School District for their approval. Mr. James reported on the Audit. He stated that he needed authorization from the Council to write off a receivable from the 1987 Audit. He stated that Christie Lodge had a receivable of approximately $90,000. Mr. James stated that if it was not written off, the Town Attorney would then have to give a qualified Opinion, which he recommended that he was not in favor of doing. Mr. James stated that, according to Mr. Dunn, the write off would not affect the litigation. He stated that the Auditors did not have a problem with taking the receivable from the 1987 Audit. Councilwoman Harrison moved to authorize the Town Manager to write off the receivable of $90,000 which was in regard to the Christie Lodge. The motion was seconded by Councilman Connell and was unanimously carried. It was noted =.that this litigation matter would still be pursued by the Town Attorney. Norm Wood reported on the railroad crossing on West Beaver Creek Boulevard. He stated that he had talked to Mr. William Holtman, Superintendent for the Rio Grande Railroad, John Walker their attorney, and Jim Osmond, Crossing Engineer. Mr. Wood stated that he did not receive any more of a reception on the agreement on the crossing, then the Town received previously. Mr. Wood had scheduled a meeting with Mr. Osmond to see if there would be other options that they might consider. Mr. Wood suggested that the Town work on a update cost estimate such as; preliminary feasibility study; financial analysis; and a potential accident analysis. After further discussion, the Council agreed that staff proceed on this issue. Mayor Pro Tem Miller stated that he was reviewina the current ordinance that was adopted at the Town of Vail as it related to "Not Smoking" in the Municipal Facilities. He stated that he would have a report at the next council meeting. -6- 0 0 The Financial Matters were next presented to the Council. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for April 26, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for April 26, 1988. The motion was seconded by Councilman Connell and was unanimously carried. The minutes of the April 12, 1988 council meeting was next presented to the Council.. Councilman Connell moved approval of the April 12th, 1988 council meeting minutes as presented. The motion was seconded by Councilwoman Harrison' and was unanimously carried. There being no further business to Harrison moved to adjourn and that at the request of Assistant Attorn, seconded by Councilman Davis. The meeting was adjourned by Mayor the Council retired into executive come before the Council, Councilwoman the Council retire into executive ay Terri Diem. The motion was Pro Tem Steve Miller at 9:19 p.m. and session on a litigation matter. FULLY SUBMITTED atricia J. 0,,6yle, Voqn Cler -7- i i MEMO TO: Bill James FROM: Norm Wood DATE: April 8, 1988 RE: Building Cost Comparison The following is a comparison of variable building costs which are under control of the Town or County. The costs are based upon a duplex having 1850 Square feet per unit. FEES AVON W. VAIL EAGLE-VAIL BERRY CRK EDWARDS Design Review S 120 $ 100 S * $ 370 $ Building Plan Check 767 740 578 578 578 Building Permit 1,181 1,139 E89 889 889 Road Cut Permit s0 75 TOTAL $2,118 $2,054 $1,467 $1,837 $1,467 These figures seem to bear out complaints that it costs more to build in Avon than in surrounding areas, although the difference in these costs is fairly insignificant compared to the overall land and building costs for a typical project. Although these additional costs may be relatively insignificant compared to the total project cost, I would recommend that we consider some revisions to Town Codes to reduce these cost differences and remove some requirements which may be minor obstacles to developers. these changes are: A. Section 15.04.440 - Delete the 1.5 riultiplier for calculating building permit and plan check fees. This would make building permit and plan check fees the same as in Eagle County. B. Section 15.04.720 - Modify to allow permanent Certificate of Occupancy providing adequate surety (1501, of estimated costs) is provided to assure completion of exterior cleanup and landscaping. Current provisions only allow for a temporary Certificate of Occupancy until all landscaping and cleanup is complete. C. Section 12.04.280 - Modify to eliminate requirement for a performance bond for work within a public right-of-way if work does not involve cutting pavement such as installation of driveway entrances. These changes should have a relatively small impact on the Town and should address a significant proportion of complaints received from builders and developers.