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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. E • 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. -2- • • 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. -3- • 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. -4- • 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 -5- • • 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 -6= • • 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. _7_ 0 0 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.