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TC Minutes 03-12-19850 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MARCH 12, 1985 - 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 7:30 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, Director of Public Works Norm Wood, Building Administrator Dan Fogland, Chief of Police Joe Olson, as well as members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed the discussion. Second reading of Ordinance No. 85-1, Series of 1985, AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $2,745,000 OF THE TOWN OF AVON, COLORADO, FLOATING/FIXED RATE INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS -(DILLON REAL ESTATE COMPANY) FOR THE PERMANENT FINANCING OF COSTS OF A PROJECT WITHIN THE MEANING OF THE COUNTY AND MUNICIPALITY REVENUE BOND ACT, AS AMENDED, AND AUTHORIZING THE EXECUTION AND 'DELIVERY OF A LOAN AGREEMENT PERTAINING TO THE PROJECT, A TRUST-INDENTURE SECURING THE PAYMENT OF THE BONDS, A REFUNDING AGREEMENT RELATING TO SUCH BONDS AND THE TOWN'S OUTSTANDING'BONDS, A ,BOND PURCHASE AGREEMENT PERTAINING TO THE SALE OF THE BONDS, AND SUCH OTHER DOCUMENTS AND INSTRUMENTS AS ARE 'NECESSARY OR DESIRABLE IN CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS. The Town Attorney stated that this was a public hearing, in accordance with the Town's Charter, for second reading and also a public hearing pursuant to Public Notice. This Public Notice was published in the Vail Trail, on February 22, 1985, and this was a hearing required by Federal Law in connection with the issuance of the Industrial Development Revenue Bonds. The attorney read the Public Notice in its entirety. The Town Clerk stated that there was no written comment with respect to the issuance of the Bonds. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. • • Mr. Dunn stated that he had reviewed all the documents approved by the ordinance, and all the documents are in order. He stated that the changes he had requested had been made. The Mayor then offered the ordinance for approval on second reading. Sheila Davis moved approval of Ordinance No. 85-1, Series of 1985, on second reading. The motion was seconded by Steve Miller. 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. First reading of Ordinance No. 85-2, Series of 1985, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, T.5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. (White Annexation) There being no discussion, Don Buick moved approval of Ordinance No. 85-2, Series of 1985, on first reading. The motion was seconded by Al Connell. 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. It was stated that Exhibit "A" would be reviewed by Norm Wood before second reading. First reading of Ordinance No. 85-3, Series of 1985, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON, AND ZONING CERTAIN PROPERTY RECENTLY ANNEXED THERETO. (White Annexation) Sheila'Davis moved approval of Ordinance No. 85-3, Series of 1985, on first reading. The motion was seconded by A.J. Wells. 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. The second reading was set for April 9, 1985, at 7:30 p.m. The New Business items of the agenda were next presented to the Council. The first item was the Preliminary and Final Plat, PPL Development Corporation, Lot 63, Block 2, Benchmark at Beaver Creek. Norm Wood stated that this was a Public Hearing continued from the last Council meeting. He stated that the plans have not been completely reviewed. Mr. Wood suggested that Council close the public hearing until Peregrine has gone through the process with the Planning and Zoning Commission, that the public hearing notice -2- • 0 be republished, and that the matter be Council meeting. The Mayor then opened the meeting for public no one wishing to be heard, the Mayor closed Sheila Davis moved to table the Preliminar: Peregrine Village Condominiums. The motion Watkins, and was unanimously carried. taken up at the next hearing. There being the public hearing. and Final Plat for was seconded by Clint Resolution No. 85-10, Series of 1985, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR A REDUCTION IN PARKING REQUIREMENTS FOR THE LODGE AT AVON CONDOMINIUMS, FORMERLY LOTS 57-60, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION. Norm Wood stated that this was a two-part item, 1) a Special Review Use for mixed-use parking reduction; and 2) Preliminary Plat for the Lodge at Avon Condominiums. He stated that, in reviewing the Plat for the Lodge at Avon Condominiums project, it was found that approximately 20 parking spaces on the site plan could be lost, if their Lease Agreement with the Colorado Department of Highways falls through. He stated that this Agreement could be cancelled within a 90 day period by either party. Mr. Wood stated that, after reviewing this matter with Art Abplanalp, it was felt that there should be some provision for providing all the parking spaces on site. Mr. Wood stated that the site plan was revised. The Plat shows a total of 164 spaces on-site, but 21 of these spaces could be lost with the loss of a Lease Agreement with the Highway Department. The 164 spaces provided initially exceed the projected requirement of 158 spaces. However, if the Highway Department Lease Agreement should be cancelled, for any reason, the loss of the 21 spaces would leave the project with 15 spaces less than the projected requirements. With the approval of the Special Review Use for a mixed use lot parking reduction of 17 spaces, the project would still exceed the projected requirement of 141 spaces by 2 spaces, with 143 spaces being available. Mr. Wood stated that the Lease Agreement was basically for access. After discussion, Councilman Connell stated he did not see any point in granting the reduction. It was stated that the Lodge would be over parked as long as they have the Lease Agreement but, if they lost the Lease, they would still be covered if Council approved the large lot reduction. Councilman Connell stated that it did not make any sense. The Council had concerns with why the Highway Department gave permission for the Town to landscape that right-of-way, and then turned around and allowed another use, parking, on that right-of-way. -3- • • Councilman Watkins stated that the ordinance requires that the applicant submit adequate evidence of particular uses for which parking is required. He stated that he has not seen anything in the packet addressing that requirement. Lengthy discussion followed. Councilman Watkins stated he was concerned with the large lot reduction. He stated that the Town does not require anything, other than just a request, to grant the reduction. He stated that he was against this request. Councilman Buick felt that maybe Council should take a closer look at these parking reduction requests, before they are granted, with projects that do not have their Certificate of Occupancy. After discussion, Al Connell moved to deny the request for reduction of parking requirements. The motion was seconded by Don Buick. Councilman Buick stated that the Lodge at Avon applicants should be notified that they would have to go back to the drawing board and get their parking on-site. Bill Pierce approached the Council. He stated they had arranged a Lease Agreement, to provide for some additional parking that they may need some day, that would be more convenient for their commercial use. He stated that this parcel lies near the railroad tracks. He stated that they have provided, on site, 143 parking spaces for the building, which contains 89 fractionalized units and 12,000 square feet of commercial space, based on a conservative estimate of how many spaces will be needed for retail, office, and restaurant uses. He stated that, in addition to this, they have provided an additional 21 spaces on the Highway right-of-way. Mr. Pierce stated that they were requesting a reduction on the commercial use, and not on the overall building use. He stated that, with this in mind, they were asking for a 17 parking space reduction out of the 158 spaces, overall. Mr. Pierce stated stated he believed that 25% of the use for the restaurant and 25% of the use for retail space will come from people in the building that have already parked their car. He felt that this was the point of the mixed-use reduction. Councilwoman Davis felt that this should have been handled sooner, at the Planning and Zoning Commission level, so that these problems could have been addressed. She stated that she had a real problem with the Town's parking requirements, in general. She felt that residential space requirements are more than what is needed, and office space requirements are not enough. She stated that, out of 89 spaces for 89 accommodation units, there probably would be 25 to 30 of those spaces vacant, especially during peak season, because people will use the buses. -4- • • Councilman Connell suggested that Mr. Pierce come back at a later date for his reduction. Councilman Wells suggested that Mr. Pierce get the parking that is required on the site. Looking at it realistically, he felt that 65% to 85% of the 89 spaces would be used. Another suggestion would be to get the spaces on site, with the extra 17 spaces, then, if the applicant had a parking problem, he could come back and solve that problem on-site. Mr. Pierce agreed. At that point, the Mayor stated that a motion had been made to deny this resolution, No. 85-10, for mixed use lot reduction. Those Councilmembers voting "aye" were: Clint Watkins, Steve Miller, Al Connell, and Don Buick. Those Councilmembers voting "nay" were: Sheila Davis and A.J. Wells. The motion to deny was carried by a 4 to 2 vote. It was suggested that some standards or guidelines should be drafted for large lot and mixed-use lot parking reductions. The Town Manager stated that staff would have some draft guidelines by the next Work Session. Resolution No. 85-11, Series of 1985, A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE LODGE AT AVON CONDOMINIUMS, BUILDING A, A RESUBDIVISION OF LOT 1, BLOCK 1, SUBDIVISION, FORMERLY 57-60, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO. This was a continued public hearing. Norm Wood stated that the Planning and zoning Commission reviewed the Plat, on February 22, 1985, and recommended that Council approve the Plat upon submission of a revised parking plan showing adequate parking spaces with on-site access, and the correction of minor technical errors. Mr. Wood stated that these two items have been corrected. He stated that this was the first Plat to be reviewed under the new Fractionalization Ordinance. He stated that it does meet the area requirements. Mr. Wood stated this particular site plan can still meet parking requirements for all of the space, on site, without the reduction, if you base requirements on the assumption that there will be no restaurant. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Don Buick moved approval of Resolution No. 85-11, Series of 1985. The motion was seconded by A.J. Wells. Discussion followed. -5- • Don Buick amended his motion to adding an additional WHEREAS to sentence that the Plat contain amended his second, and the motion • approve Resolution No. 85-11, the Resolution, containing the 143 parking spaces. A.J. Wells was unanimously carried. The Town Manager stated that, at the afternoon Work Session, Council interviewed four architects for designs and plans for the Recreation/Convention Center on Tract P. He stated that Council debated for about one hour regarding which firm they preferred. He stated that all the firms gave excellent presentations. The Council did select the firm of Zehren and Associates. Mr. James stated he would recommend that Council move to appoint Zehren and Associates as the architects for the Recreation/Convention Center for Tract P, and direct the staff to work up a scope of services contract and tie down the fees between now and the next Council meeting. Sheila Davis so moved. The motion was seconded by Steve Miller, and was unanimously carried. Letters would be sent to all the other architects thanking them for their proposals and their interest in the project. The Town Manager stated that Council had before them the latest draft of the Tract P Agreement, including the Ground Lease and the Easement Agreement. He stated that some of the exhibits were missing. Exhibit "B" was the Legal Description for the Water Treatment Plant. Exhibit "C" was a letter in regard to structural load limitations and subjacent support for the Municipal facilities that would be build on top of the Treatment Plant. Mr. James read a portion of the letter (Exhibit "C"). Exhibit "D" was the Easement Agreement. Mr. James stated that he would prefer just one Easement Agreement for both parties, so that they would coinside with the map. Exhibit "E" was the multi-party agreement, dated December 17, 1984. He stated that the Water Authority had approved the agreements earlier that afternoon. Mr. James stated that the newly appointed architect, Zehren and Associates, should review the plans that have been developed by the Water Authority, and that there be an agreement reached, possibly an amendment to the agreement, which would stipulate that, within 60 days, all parties would be in agreement on the water plant plans and specs. Councilman Wells stated that they should go ahead with the agreement. There was a change in the Ground Lease. Page 7, 1st paragraph, after the word "equally",- add "determined on a pro-rata basis according to the aquare-foot usage". -6- • • Councilman Wells asked why the Ground Lease was not made an exhibit to the Agreement. The Town Attorney stated that he was reluctant to do that, because it would make a very bulky document. He stated that he would not attach any exhibits. A.J. Wells moved approval of the Agreement between the Town of Avon and the Upper Eagle Regional Water Authority, subject to the fractionalization of the Easement Agreement that would be satisfactory to the Town Manager and the Town Attorney. The motion was seconded by Al Connell, and was unanimously carried. Clint Watkins moved approval of the Ground Lease Agreement with one change. on page 7, paragraph 1, add the words, "determined on a pro-rata basis according to the square-foot usage." The motion was seconded by Steve Miller, and was unanimously carried. The map that was discussed earlier shows where the Water Authority wants to have the easements but, before they actually start construction, the Authority should make the easements more precise; they should submit a legal description and then the documents should be recorded. Norm Wood stated that they did have the data on the speed check on Metcalf Road. He stated that they would do a comparison with the speed check, and also the roadway design, and would have a recommendation by the next Council meeting. Next on the agenda was the proposed agreement with the Town of Vail, providing electrical inspections. It was stated that the Town Attorney had reviewed the agreement. Mr. Dunn stated that he did have a concern regarding the liability insurance. The Town Manager stated that, when the electrical inspector was working for the Town of Vail, he was covered by them. The electrical inspector would be working for the Town of Avon on a contract basis, and would be covered under the Town of Avon's insurance. It was suggested that this be put in writing. Councilman Miller felt that the inspector should be available all day on Tuesdays and Thursdays. The Town Manager stated that it was not intended for the inspector to spend all day in Avon. What was intended was that, when inspections were finished in Avon, the inspector would return to Vail. Councilman Miller had another concern regarding Breach of Contract. Discussion followed. Councilman Watkins suggested the insertion into the agreement of "an average of 8 hours per week". -7- 0 0 The Town Manager stated that he would take the agreement back to the Town of Vail, review the changes with them, and have the agreement back to Council at the next meeting. The next item on the agenda was the Interpretation of the Fractionalization Ordinance for interior design (1 bedroom), as submitted by Savoy Square. The Town Manager stated that there had been discussion, earlier that afternoon in the Work Session, on their proposed efficiency unit and how the developer plans to take three pieces of furniture and use those as a wall divider in their units. The one piece of furniture includes a hidden door, so the unit could possibly be made into a privacy room in a portion of the efficiency unit. Dan Fogland stated that, from the building code standpoint, an efficiency unit is defined as containing only one habitable room. He stated that, based on the drawings and the furniture they are proposing to use, he felt the furniture would have to be anchored. He stated that each habitable room and bedroom has to have a certain amount of light and ventilation. Councilwoman Davis stated that her position was that this was a one bedroom unit, not an efficiency unit. Councilman Watkins agreed. Dennis Cole approached the Council. He stated that the unit they had designed had been presented to the Planning and Zoning Commission for about ninety days now. He stated that, after all this time reviewing and discussing this unit and the furniture with the Planning and Zoning Commission, he was concerned about why the question of what type of unit it was had come to the attention of the Council. He stated it was clearly an efficiency unit, based on any definition of an efficiency unit with which they are familiar. He stated that it was not a permanent wall dividing the room, that it was a 560 square foot room with no permanent walls and, as per the Fractionalization Ordinance, is is under 600 square feet. He stated that his summary of the discussions of that afternoon's Work Session had the real issues as the square footage of the unit,' how the unit was going to be used, and whether or not there were any permanent interior walls. Mr. Cole and the Council debated whether the developer was proposing a efficiency unit or a one bedroom unit. Mr. Cole stated that they could not proceed with the project unless they could go with the efficiency unit with this type of furniture package. He stated that, if Council wanted to see this project proceed, the developer had to know what the Council wanted them to do. -8- • 0 Councilman Wells felt that it was a grey area. He stated that he did not think Council should be getting involved in regulating pieces of furniture unless there was health, safety, and/or welfare at stake. Mr. Wells suggested showing the plans without the furniture. There was a lengthy discussion regarding whether this was an efficiency unit or a one bedroom unit. The Town Manager stated that he would be getting an opinion from the attorneys in Denver on the interpretation of an accommodation suite. Councilwoman Davis felt that this would be a step in the right direction to try to help Savoy Square. Councilman Buick stated that they also need an opinion on what kind of parking would make sense for a unit with this type of furniture configuration. He stated that the developer may want to consider 1-1/4 parking spaces for this type of configuration. Also, there would be demands on water and sewer because of the difference between an efficiency unit and a one bedroom unit. The Council agreed to discuss this matter further at a Work Session scheduled for Tuesday, March 19, 1985, at 4:00 p.m. They also agreed to discuss the parking for this project. The Council then reviewed prior discussions of the Fractionalization Ordinance, before it was adopted into law. The Town Manager reported on the proposed Avon/Vail agreement for a Recreation Program. Mr. James stated that, being that Avon was pressed now to proceed with the summer programs, he had called Vail earlier in the afternoon and explained to them that Avon was going to proceed with hiring its own Recreation/Special Events Coordinator. He stated that this would give Vail time to develop this type of shared program, the sharing of facilities, etc. No action was taken. The Town Manager reported on the Capital Outlay and Improvements program for 1985, and the five year plan. He stated that this item was handed out to Council at the afternoon Work Session. He requested that Council review the program over the next two weeks and be able to address this at the next regular Work Session. The Mayor reported that there were two legislators out of Denver who were proposing legislation that would require railroads to pay -9- 0 up to 50% of the cost of separated grade crossings, in no instance should they pay less than 20% of the cost. The Mayor stated he felt that Council should support this bill by drafting a resolution in support of it. Don Buick moved to authorize the Town Manager to draft a resolution supporting this bill, and to attach a letter from the Mayor. The motion was seconded by Steve Miller, and was unanimously carried. The Mayor reported on the renewal of the Eagle Valley Home Builders Association membership. He stated that the Association was the main opposer of any anti-trust legislation. After discussion, Al Connell moved to deny renewing the membership. The motion was seconded by Don Buick, and was unanimously carried. The Financial Matters were next presented to the Council. Don Buick moved to receive items #1 through #9. The motion was seconded by Steve Miller, and was unanimously carried. Steve Miller moved approval of the General Fund Accounts Payable for March 12, 1985. The motion was seconded by Al Connell, and was unanimously carried. Steve Miller moved approval of the Transit Fund Accounts Payable for March 12, 1985. The motion was seconded by Al Connell, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable for March 12, 1985. The motion was seconded by Don Buick, and was unanimously carried. -10- 0 0 The minutes of the February 26, 1985, Council meeting were next presented to the Council. Al Connell moved approval of the February 26th Council meeting minutes. The motion was seconded by Don Buick, and was unanimously carried. There being no further business to come before the Council, Don Buick moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned by Mayor Nottingham at 11:00 p.m. -11-