TC Minutes 04-23-1985• •
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD APRIL 23, 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 7:41
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, as well as members
of the press and public.
The Mayor called for Citizen Input. The Mayor stated that County
Commissioner Dick Gustafson had been scheduled for the evening
agenda, but instead had appeared at the afternoon Work Session
because of a previous commitment. The Mayor stated that Mr.
Gustafson discussed the importance of the Town of Avon applying
for Flood Insurance. The Mayor stated that this issue would be
deferred until later in the agenda.
Judith Lofland, Marketing Director for the Western Vail Valley
Chamber of Commerce, approached the Council. Mrs. Lofland
presented the Council with the new Eagle County Development
Coalition folders. She stated that the Western Vail Valley
Chamber of Commerce and the Eagle County Chamber of Commerce had
gone together, with the financial aid of Eagle County, to begin an
economic development group known as the Eagle County Development
Coalition. After discussion, the Council commended the efforts of
Mrs. Lofland and the Chamber. The Mayor thanked Mrs. Lofland for
coming.
Second 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 Mayor opened the meeting for public hearing. The Town
Attorney stated that there was one change, on page one, paragraph
"B". He stated that he had expanded the definition of "Density
Units" to clearly tie it into the definitions that were in the
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zoning parts of the Code.
There being no further comments, the Mayor closed the public
hearing.
The Mayor then offered the ordinance for Council's consideration.
Sheila Davis moved approval of ordinance No. 85-5, Series of 1985,
on second reading. The motion was seconded by Steve Miller.
There being no further discussion, the Mayor called for a roll
call vote. 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.
Second 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 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 Ordinance No. 85-6, Series of 1985, on
second reading. The motion was seconded by Steve Miller.
Discussion followed.
Councilman Wells stated that, on page 3, "pruchase" should be
changed to "purchase".
The Council discussed the Levy Tax on use - amount. They felt
that the "$7.63" of excise tax per unit per week per year, on the
use of any time-share unit located in the Town, was a reasonable
amount.
Don Buick amended his motion to include the change of the amount
in paragraph 3 to $7.63, and to correct the typographical error on
page 3. Steve Miller amended his second. The Mayor offered the
ordinance for Council's consideration. 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.
Second reading of Ordinance No. 85-7, Series of 1985, AN ORDINANCE
ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN THE NW1/4
SE1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH
PRINCIPAL MERIDIAN; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND
OTHER DETAILS THERETO. (Folson Property)
The Mayor stated that the meeting was opened for public hearing.
The Town Manager requested that the ordinance, which was submitted
for second reading, be withdrawn. He stated that, at the last
meeting, the Council approved the ordinance on first reading.
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However, the petition for annexation did not include portions of
Highway 6 and the railroad tracks that Council had wanted included
in prior annexations. Mr. James stated that both staff and the
petitioner had discussed the annexation with Vail Associates, and
had reached an agreement to allow the inclusion of the additional
areas. VA stated that they wanted to be assured that the
property, if annexed by the Town, would have at least the same
zoning currently in place by the County, which is Commercial
Limited. He stated that, if Council agreed with VA's proposal,
there would have to be a pre-annexation agreement drafted between
the Town of Avon and Vail Associates, the old petition would have
to be withdrawn, and a new petition be submitted. Mr. James
recommended that the Council authorize the Town Attorney to draft
a pre-annexation agreement between VA and the Town of Avon.
Mr. Wood reviewed the annexation map with the Council.
Councilman Wells moved to allow the petitioner to withdraw the
petition, Resolution No. 85-16, and the second reading of
Ordinance No. 85-7, as originally presented. The motion was
seconded by Steve Miller, and was unanimously carried.
First reading of Ordinance No. 85-7, Series of 1985, was then
presented to the Council.
AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED
IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M.,
EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS
AND OTHER DETAILS THERETO. (Folson Property)
Sheila Davis moved to approve Ordinance No. 85-7, Series of 1985,
on first reading, and to direct the Town Attorney to draft a
pre-annexation agreement between Vail Associates and the Town of
Avon. The motion was seconded by Steve Miller.
Discussion followed.
Councilman Watkins was concerned with how the staff and the
petitioner would handle the Bill Nottingham property (Stockyard),
since it was not annexed into the Town. Dean Koll, of Zehren and
Associates, stated that a meeting was scheduled with Mr.
Nottingham to discuss the matter and work out the concern. It was
stated that another party who could challange the annexation of
Highway 6 and the railroad tracks would be the Railroad.
At that point, Councilwoman Davis withdrew her motion on the
ordinance so that Council could proceed with the resolution,
first. Councilman Miller withdrew his second.
Sheila Davis then moved approval of Resolution No. 85-16, Series
of 1985, regarding the Folson Property.
The motion was seconded by Al Connell and was unanimously carried.
Sheila Davis moved approval of Ordinance No. 85-7, Series of 1985.
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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.
Sheila Davis moved to authorize the Town Attorney to draft a
pre-annexation agreement between Vail Associates and the Town of
Avon. The motion was seconded by Steve Miller, and was
unanimously carried.
Sheila Davis moved to direct the Town Attorney to pursue the Bill
Nottingham Parcel so that the Town would have some defense. The
motion was seconded by Don Buick, and was unanimously carried.
First reading of Ordinance No. 85-8, Series of 1985, AN ORDINANCE
AMENDING THE ZONING MAP OF THE TOWN OF AVON, AND ZONING CERTAIN
PROPERTY RECENTLY ANNEXED THERETO. (Folson Property)
There being no discussion, Sheila Davis moved approval of
Ordinance No. 85-8, 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.
At that point, the Mayor inserted Ordinance No. 84-13, Series of
1984, into the agenda for discussion and consideration of approval
on first reading.
First reading of Ordinance No. 84-13, Series of 1984, AN ORDINANCE
AMENDING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO SIZES OF UNITS TO BE PERMITTED BY FRACTIONALIZATION AND
TO DELETE THE DEFINITION OF "EFFICIENCY UNIT".
The'Town Attorney stated that the intent of the ordinance was to
permit the fractionalization process to be administered based upon
square footage, rather than on definitions. It was stated that,
under this draft ordinance, the kitchen in the smallest square
footage (500) would not matter.
Lengthy discussion followed.
It was suggested that paragraph "4", on page 2, be deleted ("any
unit constructed based upon a fractionalized Residential Develop-
ment Right may not exceed a gross residential floor area of one
thousand five hundred square feet"). It was suggested to delete
any use of "gross maximum floor area", because it would not be
needed.
Councilman Wells suggested that paragraph "4" be deleted, changing
paragraph "5" to "4". The deletion of paragraphs "F" and "G", on
page 2, was suggested.
After discussion, A.J. Wells moved approval of Ordinance No.
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84-13, Series of 1984, on first reading, the motion to include the
following:
Deleting paragraph "4";
Changing paragraph "5" to "4";
Paragraph "4-D", change the square footage to 1200, 800, 600, and
500, respectively;
Deleting paragraph "F";
Changing paragraph "G" to "F";
In the new paragraph "F", change "gross residential" to "square
footage";
Changing paragraph "H" to "G", and "I" to "H";
Changing the ordinance number from "84-13" to "85-9".
The motion was seconded by Al Connell.
Discussion on the wording in the new paragraph "F" followed.
At this point, Councilman Wells amended his motion to include the
following:
After the word "unit", add "including loft area"
Add "but"; change "exclusive" to "excluding"; delete "of".
A suggestion was made to add the words, "as shown on the final
as-built subdivision map" to the paragraph.
The Town Attorney then read paragraph "F" in its entirety.
The Council discussed the words "solar porch" in paragraph "F".
After discussion, it was agreed to delete "solar porch" from the
paragraph.
At this point, Councilman Wells withdrew his original motion. Al
Connell withdrew his second.
Councilman Wells moved approval of Ordinance No. 84-13, Series of
1984, on first reading, motion to include deleting paragraph "4";
changing paragraph "5" to "4"; changing the square footage to
1200, 800, 600, and 500, respectively; deleting paragraph "F";
changing paragraph "G" to "F", which would now read, " The
calculation of square footage floor area shall include the inside
dimensions of the outside walls of a dwelling unit as shown on the
as-built final subdivision map, including loft area, but excluding
portions of unfinished basements or attic space used for solar
heat storage, and attached or independently sited garages being
triplexes or more; all general common areas, which shall not
include common elements within a living unit, are excluded.";
changing paragraph "H" to "G" and "I" to "H"; and changing the
ordinance number from "84-13" to "85-9".
Discussion followed.
Councilwoman Davis was concerned with changing the words, "gross
residential" in paragraph "F". She felt it should be kept and
maintained as stated in the Zoning Code. She stated that was what
"gross residential floor area" was, "square footage of floor
area".
The Town Attorney stated that the definition was placed in the
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Code by the original Fractionalization Ordinance. He suggested
deleting the definition from the Code.
He stated his preference would be to repeal Section 17.08.315. He
stated that it could be repealed under Section I, "Repeal Section
17.08.315".
At that point, Councilman Wells amended his motion to include the
Town Attorney's recommendation. Al Connell amended his second.
The Mayor then offered Ordinance No. 84-13 (85-9) for Council's
consideration. 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 public hearing date for Ordinance No. 85-9 was scheduled for
May 7, 1985, at 5:00 p.m. This would be a combined special
meeting for the Town Council/Planning and Zoning Commission. Also
included on the agenda for this meeting were the approval of the
Subdivision Agreement (Savoy Square), and discussion and review of
Development Plan Districts Three and Six.
The Town Manager discussed the Flood Insurance Program. The Mayor
stated that Commissioner Dick Gustafson had discussed the
importance of the Town of Avon applying for the Flood Insurance at
the afternoon Work Session.
After discussion, Council agreed that the Town Manager should look
into this issue. Council authorized the Town Manager to sign the
application, if need be. Mr. James would investigate the matter
and report back to Council.
The Town Attorney's report was next on the agenda. Mr. Dunn
stated that both Peregrine Properties and Avon Center were in
default in their Mall Assessments. He stated that a complaint has
been filed against Peregrine for foreclosure. He stated that, as
soon as he had received title work from the title company for Avon
Center, a complaint would be filed against them, also.
The Town Attorney then addressed the International Surplus Lines
Insurance Company. They have failed to respond to the provisions
of an insurance policy that obligates them to reimburse the Town
for recent expenses. He recommended that Council authorize and
direct the Town Attorney to file suit against International
Surplus in order to obtain a Declaration of Rights and
Responsibilities of the parties that entered in that contract.
Sheila Davis so moved. The motion was seconded by Steve Miller,
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and was unanimously carried. (This matter was also discussed in
the earlier executive session.)
Another issue discussed in executive session was the billing from
the firm of Davis, Graham, & Stubbs. This firm submitted a bill
that was taken under consideration by Council at the last meeting.
The bill was in regard to the Sunroad Group, Ltd.., litigation. At
this time, the bill remains unpaid. Mr. Dunn stated that,
previously, Council did tentatively agree to share the expense,
since they were hired not only as Benchmark's representation, but
also because of their Anti-Trust expertise. He stated that Tom
Ragganetti was no longer with the firm. Mr. Dunn felt that the
firm was representing both the Town and Benchmark Companies, and
recommended that it would be appropriate for Council to consider
payment of part of the bill at this time.
Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells
stepped down because of conflict of interest.
The Mayor Pro Tem then proceeded. Mrs. Davis stated she would
'like Attorney Gail Miller to submit a breakdown of what he felt
the Town's portion of the bill would be compared to Benchmark's
portion. She felt that the Town should pay its portion.
Steve Miller recommended waiting until Council received and
reviewed the itemized bill, then, based on Mr. Gail Miller's
recommendation, the Town should pay accordingly.
Councilman Watkins was concerned with whether Council had agreed
to share the expense with Benchmark.
The Council requested that the minutes be researched for
information in regard to the splitting of the cost between the
Town and Benchmark Companies.
Mr. Nottingham and Mr. Wells resumed their seats.
The Town Attorney stated that the Pester Corporation had filed for
bankruptcy. He stated that arrangements had been made with the
Bankruptcy Trustee, or the Superintendent of the Estate, to
collect and remit Sales Tax owed to the Town. He stated that the
Debtor would remain in possession, and the station would remain
open.
The Town Manager reported on SPA Zones. He stated that current
ordinances do not specifically address when or how Development
Rights are assigned to areas annexed into the Town. He stated
that the confusion centered around whether maximum allowable
densities were the same as Residential Development Rights. He
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stated that staff was assuming that they were; the issue was
brought before Council for clarification.
Councilwoman Davis stated she would like to see the actual
resolution that approved the 180 Swift Gulch Area units, and the
minutes of the meeting at which this was discussed.
Lengthy discussion of maximum allowable densities, Residential
Development Rights, and SPA Zones followed.
Councilman Watkins requested that this issue be referred to the
Town Attorney for incorporation into the Code, and it was
requested that the Attorney offer an opinion as to when the
densities are transferable. The Town Manager stated he would
have a draft report for Council at their next regular meeting.
Mr. James reported on the Town's parking requirements. He stated
there were some issues needing clarification:
1. Should parking reductions be allowed on new large projects,
given the specific uses for commercial areas are unknown and
therefore the impacts on parking are unknown;
2. The specific use for commercial space revolves around
restaurants;
3. What are the standards for approval of parking on new
projects?
He stated that this was referred to strictly on the basis of mixed
use projects. He stated that some of the staff had a problem
addressing it as large lot reduction.
Mixed Use Projects are defined as follows:
1. Commercial projects having at least 10,000 square feet of
commercial space, with no single commercial unit comprising more
than 25% of the total area;
2. Lodging/Timesharing Projects - Projects having both commercial
and lodging/timesharing would be eligible for the reduction.
Mr. James stated, based on mixed use projects, he felt staff has
come up with a feasible alternative for current parking
regulations:
1. Must be a Mixed Use Project, as defined above;
2. Applies only to projects with 50 or more spaces of required
parking;
3. No parking spaces may be reserved;
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4. Reduced parking would only apply in areas served by public
transportation or regularly scheduled private transportation;
5. Reduction allowed only in TC, SC, RHDC, or SPA Zone Districts.
He stated that the parking spaces required for Mixed Use Projects
would be as follows:
1. First level Commercial - 5.5 spaces/1,000 square feet
2. Additional levels would be 4.0 spaces/1,000 square feet
Mr. James stated that the parking reduction, as outlined above,
was felt to be justified, under the prescribed conditions, based
upon:
1. Parking requirements are based upon no walk-in traffic and no
public transportation.
a. Reduced parking requirements would only apply in areas
served by public transportation or regularly scheduled
private transportation, where projects are closely
spaced and there is considerable pedestrian traffic
between projects.
2. Not allowing parking spaces to be reserved will assure maximum
flexibility, with all spaces being available for use at all times.
Councilman Watkins stated he felt there should be standards for
Large Lot reduction. He stated that it seemed the Town had more
of a problem with no standards to apply to Large Lot reductions.
The Town Manager stated that sufficient snow storage, on-site,
should be included in the parking requirements.
After discussion, Council agreed to refer this issue to the
Planning and Zoning Commission for review.
The Town Manager stated that the Planning and Zoning Commission
members adopted the Goal Statements for Districts I & II as
working goals at their last meeting. The Commission suggested
that Council might approve the Goal Statements, Dists. I&II, as
working goals to be used for evaluation of current projects and
for public input, to finalize the Development Plan for these
Districts.
Sheila Davis so moved. The motion was seconded by Steve Miller,
and was unanimously carried.
The Town Manager reported on the parking plan for Peregrine
Village. He stated that, basically, the project has never been
designed for more than 360 parking spaces. Plans were developed
prior to the Town's parking ordinances, and approval of
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Peregrine's plan had taken place over the years without parking
being addressed. In order to resolve this matter, Town staff
suggested that Peregrine develop their project's west lot, owned
by the Town, and use it for parking. This would provide parking
for Nottingham Park, also. The lot would provide roughly 31
spaces. This extra parking would put Peregrine within 2 to 6% of
the Town's current parking ordinance, depending on the final uses
for the commercial space. This would be acceptable to the Town.
The Planning and Zoning Commission approved the plan at their last
meeting, and recommended that Council approve the parking plan,
given the circumstances of Peregrine's parking situation.
Mr. James suggested that an Agreement, between the Town of Avon
and Peregrine, be drafted by the Town Attorney, also suggesting
that the Agreement include some control over the 31 or so spaces
and require Peregrine to landscape the lot, at their own cost,
according to Town specifications and approval. He stated that the
Agreement should include control of times for the Town's uses of
the lot, and should give the Town total control of the lot.
After discussion, Sheila Davis moved approval of the Peregrine
parking plan, under the above provisions and recommendations. The
motion was seconded by Al Connell and was carried by a 5 to 1
vote, with Clint Watkins voting "nay".
The Town Manager reported on the Personnel Merit Commission
members' terms. He stated that the Commission members' terms had
expired, and three members would have to be appointed. He stated
that Nick Dalba had moved from the area.
After discussion, Council agreed to have staff see if there was
any interest in reappointment among prior members. If so, staff
should advertise for one vacant seat and three alternates to serve
on the Commission.
The Town Manager reported on the expiring terms of four of the
Planning and Zoning Commission members. He suggested that Council
might possibly want to extend those terms, in light of the
progress on the Development Plan at this time.
Al Connell suggested that Council may want to review the
attendance records of those members. The Mayor suggested that
staff approach the P & Z members to see if there is any interest
in reappointment.
Don Buick moved to extend the four Planning and Zoning Commission
members' terms to July 1, 1985. The motion was seconded by Al
Connell, and was unanimously carried.
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The Financial Matters were next presented to Council.
Steve Miller moved to receive items #1 though #8. The motion was
seconded by Don Buick, and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable for
April 23, 1985. The motion was seconded by Steve Miller, and was
unanimously carried.
Steve Miller moved approval of the Transit Fund Accounts Payable
for April 23, 1985. The motion was seconded by Don Buick, and was
unanimously carried.
Clint Watkins moved approval of the Reconciliation Sheet of
Accounts Payable of April 23, 1985. The motion was seconded by
Steve Miller, and was unanimously carried.
The minutes of the April 9, 1985, Council meeting were next
presented to the Council.
Steve Miller moved approval of the April 9th Council meeting
minutes. The motion was seconded by Clint Watkins, and was
unanimously carried.
There being no further business to come before the Council, Sheila
Davis moved to adjourn. The motion was seconded by Don Buick.
The meeting was adjourned by Mayor Nottingham at 10:28 p.m.
Re-s ectfully Submitt d:
Patricia J. D le, Town Clerk
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