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TC Minutes 04-09-1985• 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD APRIL 9, 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 7:35 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 Engineering/Development 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. 85-3, Series of 1985, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON, AND ZONING CERTAIN PROPERTY RECENTLY ANNEXED THERETO. (White Annexation)(Public Hearing) The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor offered the ordinance for Council's consideration. Sheila Davis moved approval of Ordinance No. 85-3, 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. The mayor deferred the second reading of Ordinance No. 85-4 until later in the meeting. First reading of Ordinance No. 85-5, Series of 1985, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE DEFINITIONS OF "CONSIDERATION" AND "REAL PROPERTY" The Town Attorney stated that he had been directed by Council to i • amend the Real Estate Transfer Tax Ordinance to cause Density Units to be taxable, whether conveyed as part of, or separate from, conveyance of the property. He stated that, in the prior ordinance, Density Units were included in the definition of "Consideration", and now Density Units were included in the definition of "Real Property". He stated that this ordinance specifically addresses the taxation of Density Units if they would be conveyed separately, and felt this ordinance was an improvement over the prior ordinance. After discussion, the Mayor offered the ordinance for Council's consideration and approval. Clint Watkins moved approval of Ordinance No. 85-5, Series of 1985, on first 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. 85-6, Series of 1985, AN ORDINANCE ESTABLISHING A TRANSPORTATION AND RECREATIONAL AMENITIES TAX; PROVIDING METHODS FOR THE COLLECTION THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND PROVIDING OTHER DETAILS IN REGARD THERETO. The Town Attorney stated that the ordinance reflects the direction of Council, upon the request of the Town Manager, in that it deals with the Transportation and Recreational Amenities fees as a tax. He stated that the recitals were important. They establish the basis for adoption of the ordinance. He stated that the ordinance was established to substitute the tax for the fee that the Town has been in the practice of charging. He stated that the purpose of the ordinance was to establish the fee on a uniform basis. The Town Attorney then reviewed the ordinance with the Council. Councilman Wells asked what would be done to provide for inflation. The Town Attorney stated that his preference would be to amend the ordinance. Discussion followed. Councilman Buick stated that the Town does not want to get rich on the tax, nor does the Town want to subsidize. He stated that, if Norm Wood had a formula for estimating the cost, this formula should be the basis for arriving at that figure each year. Further discussion followed. Don Buick moved approval of Ordinance No. 85-6, 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. -2- 0 0 Next on the agenda was the Folson Property Annexation (Petition for Annexation, Resolution No. 85-16, and Ordinance No. 85-7) Norm Wood stated that a Petition was submitted, by the owners of the Folson Property, for the parcel immediately south of the White property. He stated that, also included in the submittal, was a Resolution, No. 85-16, and an Ordinance, No. 85-71 for first reading, annexing the property into the Town of Avon. Jack Zehren, planner for the Folson property, approached the Council. He presented the various maps of the project, and illustrations related to the parcel. He stated that the parcel was located directly south of Highway 6, and just east of the Beaver Creek entrance. The parcel consists of 21-1/2 acres. He stated that they had prepared a preliminary planned use study, which would indicate the type of development that would be proposed, based on a Specially Planned Area use (SPA) zoning. Mr. Zehren stated that the site plan indicated 102 units of various sizes, from efficiency to one- and two-bedroom units. The current breakdown would be approximately 20% two-bedroom units and 60% one-bedroom. They were requesting a cluster-type development, leaving the bulk of the property in an open space status. The access would be off Highway 6. He stated that they have coordinated the land use and circulation access with the White property, and would be flexible in accommodating the intersections and road access between the two properties. Mr. Zehren stated that they would like to include, in the general land use, food and beverage in a small restaurant for the property, in the form of a small resident club, which would be approximately 2000 to 3000 square feet. The Town Attorney stated that the tendered resolution provides for publication of the resolution. In as much as the Petition was signed by 100% of the property owners, there would be no need for publication. He stated that this publication provision should be stricken from the resolution, and the remaining sections renumbered in their appropriate order. The Mayor stated that it has been the Council's desire to annex the intersection of Avon Road and Highway 6, and a portion of ground from the railroad tracks, including the railroad crossing as it exists today. He stated they would like to somehow obtain control of those areas, and it would seem timely, at this time, to see if the Folson Property could somehow incorporate those areas in their proposed annexation. Councilman Wells asked why this was not done when the White Property was annexed to the Town, instead of waiting to pursue it now. The Town Manager stated that the staff had tried to bring it -3- • 0 forward at the time of the White Annexation, but a problem arose in that Vail Associates (VA) stated they would appeal any annexation that would include their piece of property. Mr. James stated that, if VA did appeal the annexation, the appeal would probably tie the annexation up for as long as two years. Discussion followed. The Mayor stated that, if the Town had those roads under its jurisdiction, it would appear that the Town could be of assistance, not only to the State Patrol, but to the County Sheriff's Department as well. It would seem that VA would be all for a situation such as this developing. Dean Koll, of Zehren and Associates, stated that there were meetings, several months ago, between the White Annexation property planner and representatives of other properties that were annexed for the purpose of trying to coordinate the annexing of the roads and the accesses. He stated that VA was contacted and invited to the meetings. VA stated, at that time, that they had no intention of ever attending a meeting which would be in regard to annexing any of their property. The Mayor stated that it was not the intention of the Town to try and force VA into an annexation, but to gain control of the roads that connect the two properties within the Town. It was stated that the roads could not be annexed separately, they would have to come in as part of a property annexation. The Council discussed leaving a "hole", which would be accomplished by annexing the property all around VA's piece of property. Mr. Zehren stated that they were willing to discuss the pros and cons of this matter between first and second reading of the ordinance. They would then report back to Council during second reading with the appropriate documents adjusted, hopefully reflecting the inclusion of the roads. Councilman Wells stated that, if there were any costs involved, they should be the Town's expense. Mr. Zehren suggested that Council approve the ordinance on first reading this evening then, between first and second reading, work with the staff, approach VA on the annexation, and discuss the matter with them. If VA would agree to go forward, there would be a delay in the hearing process. If it could go concurrently with the zoning designation, he would see no problem. Sheila Davis moved approval of Resolution No. 85-16, Series of 1985. The motion was seconded by Steve Miller. Discussion followed in regard to some of the language in the resolution. It was questioned whether publication of the resolution should take place. After discussion, Sheila Davis withdrew her motion and Steve -4- • Miller withdrew his second. The Mayor deferred approval of Resolution No. 85-16 until the Town Attorney could determine whether publication of the resolution was necessary. At this point, Jack Zehren reported on the Avon Event Center. he stated that there had been a meeting with RBD Engineers and ZVFK Architects for the Water Treatment Facility. Also included in the meeting were Zehren's consulting engineers, Johnson, Voiland, and Archuleta, and Yoder Engineers. He stated that they went through the plan in great detail, and resolved 90% of the inter-face issues. Mr. Zehren suggested that a Work Session with the Council be scheduled, possibly on the 23rd of April, to review his proposal and some ideas regarding what might be included in various phases. He stated that they had also prepared a preliminary recommendation for the program of the facilities. He stated he would suggest concentrating on some good, multi-purpose meeting space. A regulation-size Hockey Rink was discussed. After discussion, the Mayor thanked Mr. Zehren for his report. The Mayor then returned the meeting to Resolution No. 85-16, Series of 1985. The Town Attorney stated that Section 2 should be deleted from the Resolution. Sheila Davis moved approval of Resolution No. 85-16, Series of 1985, deleting Section 2, and changing Section 4 to Section 2. Thee motion was seconded by Al Connell, and was unanimously carried. The Mayor then offered Ordinance No. 85-7, Series of 1985, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN THE N-1/4 S-1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO, for first reading. A.J. Wells moved approval of Ordinance No. 85-7, Series of 1985, on first 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. The Mayor then referred to second reading of Ordinance No. 85-4, Series of 1985, AN ORDINANCE AMENDING ORDINANCE NO. 83-21 AND PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN OF AVON. Be it noted that Mayor Allan Nottingham and Councilmember A.J. -5- • • Wells stepped down because of conflict of interest. The Mayor Pro Tem then proceeded. The meeting was opened for public hearing. There being no one wishing to be heard, the Mayor Pro Tem closed the public hearing. Steve Miller moved approval of Ordinance No. 85-4, Series of 1985, on second reading. The motion was seconded by Don Buick. Discussion followed. Councilman Watkins had concerns regarding Tract AA and Tract BB and their uses. After discussion, the Mayor Pro Tem called for a roll call vote. Those Councilmembers voting "aye" were: Don Buick, Al Connell, Steve Miller, and Clint Watkins. There were no "nay" votes. The motion carried, with Allan Nottingham and A.J. Wells abstaining. Resolution No. 85-13, Series of 1985, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR THE TRANSFER OF 50 HOTEL-LODGE DEVELOPMENT RIGHTS FROM LOTS 5, 52A, AND 52B, BLOCK 1, BENCHMARK AT BEAVER CREEK (BUCK CREEK AREA TO BE REPLATTED AS WILDWOOD RESORT), SPA ZONE DISTRICT, TO PARCEL 1 AND PARCEL 2, SWIFT GULCH ADDITION, SPA ZONE DISTRICT. Norm Wood stated that the Special Review Use was for the transfer of 50 Hotel-Lodge Development Rights on Lots 5, 52A, & 52B, Benchmark at Beaver Creek. This was also accomplished through the ordinance, which was required of the amendment for SPA plans for the area. He stated that, due to the confusion between the transfer of Development Rights and SPA zones, the only methods in the Code for the transfer of Development Rights would be through Special Review Use. He stated that this procedure was double coverage in regard to this issue. Councilman Watkins had a concern regarding the units of fractiona- lization as they relate to these units, where there is a two to one ratio. The Town Manager stated that the 200 units that were on Buck Creek were Hotel units. 150 of these units would remain on Buck Creek, and they would be transferring 50 of them back to Swift Gulch. These 50 units would then be converted back to 25 Residential units, leaving a total of 105 Residential Development Rights. After lengthy discussion, Clint Watkins stated he still had a problem with how the SPA zone was being handled. Al Connell moved approval of Resolution No. 85-13, Series of 1985. The motion was seconded by Steve Miller, and was carried with Allan Nottingham and A.J. Wells abstaining. -6- 0 E Resolution No. 85-14, Series of 1985, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR A LARGE LOT REDUCTION IN PARKING REQUIREMENTS FOR PROPOSED VAIL VALLEY HOLIDAY INN, LOTS 5, 52A, AND 52B, BLOCK 1, BENCHMARK AT BEAVER CREEK (TO BE REPLATTED AS LOT 1, WILDWOOD RESORT). Norm Wood stated that, in the specific site plan for the Holiday Inn, they have come up with proposed parking requirements, under the Zoning Code, totaling 254 parking spaces. He stated that they have requested a Special Review Use for a large lot parking reduction of 15%, or 38 spaces, reducing the parking requirements to 216 spaces. He stated that the Planning and Zoning Commission has held a public hearing on this matter, and they have made the necessary determinations, as outlined in the Zoning Code. They have recommended approval of the Special Review Use parking requirements, based on specific uses that include 150 hotel units, 3,600 square feet of restaurant and bar seating area, 5,200 square feet of retail and commercial space, and 2,900 square feet of meeting room. Councilman Watkins stated that this was another request coming before Council without showing any specific uses. Rod Brown presented to, and reviewed with, the Council drawings of the proposed Holiday Inn project. Mr. Brown felt that all the parking was not required, that the reason for the reduction was the mixed uses that would occur; people staying over night, people coming in to eat in the morning, people coming just to shop - these uses off-set each other. Councilman Watkins stated that the four extra spaces make a fairly significant difference in the amount of the reduction. He stated that he had a problem with the fact that Council grants parking reductions requests, whatever the reason. After discussion, Don Buick moved approval of Resolution No. 85-14, Series of 1985. The motion was seconded by Steve Miller, and was carried with Clint Watkins opposing and Allan Nottingham and A.J. Wells abstaining. Resolution No. 85-15, Series of 1985, A RESOLUTION APPROVING FINAL PLAT FOR WILDWOOD RESORT, A RESUBDIVISION OF LOTS 5, 52A, AND 52B, BLOCK 1, BENCHMARK AT BEAVER CREEK. Norm Wood stated that the Wildridge Development Company and Section 36, Inc. had submitted a final plat for Wildwood Resort. This was a- resubdivision of lots 5, 52A, and 52B, Block 1, Benchmark at Beaver Creek. He stated that the preliminary plat for this particular subdivision was approved in 1983, through Resolution No. 83-29. He stated that the plat had been reviewed, -7- • with one comment from Mr. Rod Brown. The Plat showed the street addresses that are required by the Code. Mr. Brown has requested that the address be changed to the Nottingham Road address, instead of the Buck Creek Road address. Mr. Wood stated that it would be a minor change to the Plat, and could be done prior to recording. He stated that another condition that was changed from the Preliminary Plat, that was approved, was the Final Plat being based upon a 30 foot easement for Buck Creek. To utilize this 30 foot easement would require piping in Buck Creek through Block 1. This would be in accordance with the plans that have been submitted by the Holiday Inn. Mr. Wood stated that it was his recommendation that, before final approval, this receive approval from the Avon Metropolitan District. It was recommended that approval be given for the Final Plat for Wildwood Resort, subject to approval from the Avon Metropolitan District regarding the Buck Creek drainage and water line easement, and the Nottingham-Puder Ditch water line easement. Councilman Watkins had a concern with the Subdivision Improvement Agreement, Wildwood Resort Subdivision, Page 8, paragraph 11 (guardrails). He asked why there was one criteria for the amount of guardrail to be provided if there were to be federal funds provided, and a different amount to be provided if there were to be no federal funds. He felt that the Subdivider should be required to install, at its own expense, guardrail in an amount and at a location to be determined by the Town, rather than including statements about steep grades and sharp horizontal curves. Norm Wood agreed that the amount to be provided should be the same, regardless of where the funds would be coming from. He stated that the Wildridge roads have a one year warranty from the date of acceptance. Clint Watkins moved approval of the Subdivision Improvements Agreement, Wildwood Resort Subdivision, subject to the change on page 8, paragraph 11, second sentence to read, "In the event Federal Funds are not provided to the Town, the Subdivider shall be required to install guardrail at its expense."; the rest of the second sentence to be deleted. The motion was seconded by Al Connell, and was carried with Allan Nottingham and A.J. Wells abstaining. It was stated that the Subdivision Agreement was part of the Final Plat. Don Buick moved approval of Resolution No. 85-15, Series of 1985. The motion was seconded by Al Connell. After discussion, Don Buick amended his motion to approve subject to approval by the Town Attorney. Al Connell amended his motion, and it was carried with Allan Nottingham and A.J. Wells abstaining. -8- • • The Council discussed the issue of Large Lot Reduction. The Town Manager reported on the Agreement between the Town of Avon and the Town of Vail in regard to Electrical Inspections. Mr. James stated that Mr. Ron Phillips, of the Town of Vail, had concerns with the following changes proposed by the Town of Avon: 1) regarding an average of 8 hours per week; 2) the unused hours would be credited to a future date; and 3) the insertion of a ten day termination clause. After discussion, A.J. Wells moved approval of the original agreement, as presented, with the inclusion in paragraph seven of the language regarding the termination of the agreement with ten days written notice. The motion was seconded by Don Buick, and was unanimously carried. The Town Manager reported on the SPA Zones/Parking. He stated that he would present some suggested changes to the SPA Zones, and to the parking requirements, to Council at the April 23rd Council meeting. A lengthy discussion followed on this issue. The Town Manager reported on the legal fees for Sunroad Litigation. He stated that, some time back, when the Town received the Sunroad suit, Council discussed the possibility of splitting the legal fees, on a 50-50 basis, with Benchmark Companies for the services of Attorneys Davis, Graham, and Stubbs. The fee being discussed was in the amount of $11,542.87. Mr. James stated that, at the time, Council never reached a decision on the matter. Mr. James stated that he now needed direction from Council on how they wished to handle the matter. After discussion, Council agreed to refer the costs to the insurance company, directing Mr. James to report back if the insurance company would not handle the matter. The Town Manager reported on the Development Plan schedule. He stated that a meeting was scheduled for April 16, 1985, at 5:00 p.m., to discuss additional districts on the Goal Statements. He stated that Districts I and II would be presented to the Planning and Zoning Commission, for their review and final approval, at their April 11th meeting. Districts I and II would then be -9- • • presented to Council for their final review, approval, and adoption. No action was taken. The Town Manager stated that the Vail Resort Association (VRA) was once again having an End of the Year Ski Party. The cost would be $300 for a table of ten. Council agreed that the Town should participate. Steve Miller moved approval of the reservation of a table of ten, in the amount of $300, for the Ski Party. The motion was seconded by Al Connell. Councilman Wells felt that this should be open for the Town staff as well. The Council agreed that it should be left to the discretion of the Town Manager as to whether staff would attend. After discussion, Sheila Davis authorized the Town Manager to reserve up to two tables, in the amount of $600. The motion was seconded by Steve Miller, and was unanimously carried. The Town Manager reported on Public Access Television. He recommended that the report be forwarded to the Public Access Advisory Board. He stated that there was an open position on the Advisory Board, since the resignation of Larry Kumpost. After discussion, the Council requested that the Town Manager place a notice in the paper. Mr. James reported on the Colorado Tourism Board Conference. He stated the Conference would be held in Denver next week, April 17, 18, and 19. He felt that Avon should be represented. Mr. James reported on this year's Kiva Tennis Classic. After discussion, Council agreed to contribute $1,500 to the Classic for four box seats and on-site name recognition. The Classic would be held on July 26, 27, and 28th. After discussion, the Mayor offered this to Council for action. Steve Miller moved approval of $1,500 for a Silver Sponsorship for the Kiva Tennis Classic. The motion was seconded by Sheila Davis. The motion carried by a 4-2 vote, with Clint Watkins and Al Connell opposing. Another item brought up by the Town Manager was discussion on the Balloons, Bluegrass, and Barb-a-que, along with the Eagle County -10- i • Rodeo. The Town Manager felt that the Town should be careful how this was approached. He felt it would be a good idea to promote both events, but was concerned with how Mr. Miller would be approaching the Vail Institute; would issues be suggested too strongly? Councilman Miller felt he would not have any problem with the situation at all. No action was taken. The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #9. The motion was seconded by Don Buick, and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable for April 9, 1985. The motion was seconded by Steve Miller, and was unanimously carried. Clint Watkins moved approval of the Transit Fund Accounts Payable for April 9, 1985. The motion was seconded by Sheila Davis, and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable for April 9, 198 5. The motion was seconded by Steve Miller, and was unanimously carried. The minutes of the March 26, 1985, Council meeting were next presented to the Council. Steve Miller moved approval of the March 26th Council meeting minutes. The motion was seconded by A.J. Wells, and was unanimously carried. A.J. Wells thanked Dan Fogland for his contributions to the Town while he was here, and stated that the Town of Avon will hate to lose him. Mr. Fogland stated that Avon was a great place and has a great future. -11- 0 0 There being no further business to come before the Council, Miller moved to adjourn. The motion was Watkins. The meeting was adjourned by Mayor p.m. Approved: seconded by Nottingham at Steve Clint 10:25 -12- Respectfully Submitted: