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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 9 0 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. -2- • • 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. -3- • • 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. -4- i 0 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 -5- • 0 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, -6- 0 0 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 -7- 0 0 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; -8- 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 -9- 0 0 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. -10- 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 -11-