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TC Minutes 05-28-19850 0 • • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MAY 28, 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/Community Development Norm Wood, Director of Public Works Larry Brooks, as well as members of the press and public. The Mayor called for Citizen Input. He stated that Council had interviewed Mr. James Zitzman to fill a Town of Avon vacancy on the Public Access Television Advisory Board. Steve Miller moved to appoint James Zitzman to fill the vacancy on the Public Access Television Advisory Board. The motion wasiseconded by Don Buick, and 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 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. The Mayor stated that this was a public hearing, and was regarding the Folson Property. There being no one wishing to be heard, the Mayor closed the public hearing. It was stated that, as long as the Preannexation Agreement was approved, Vail Associates would not object to its property being annexed into the Town. The Council reviewed the map of the Folson Property. Jack Zehren, of Zehren & Associates, architect and planner for Craig Folson, approached the Council. He stated that one of the requirements for annexation was that 1/6th of the boundary be contiguous with the Town, which the Folson property is. After discussion, Clint Watkins moved approval of Ordinance No. 85-7, 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. Don Buick moved to authorize the Mayor to execute the Preannexation Agreement between the Town of Avon and Vail Associates, changing "NAI" to "VAI" throughout the agreement. The motion was seconded by Al Connell, and was unanimously carried. Second 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. The Mayor stated that this was a public hearing, and was regarding the Folson Property. There being no one wishing to be heard, the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No. 85-8, Series of 1985, on second reading. The motion was seconded by Steve Miller. Councilman Watkins stated that this property was zoned Specially Planned Area (SPA), and does not have any densities as yet. 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. 85-10, Series of 1985, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING REQUIREMENTS. The Town Attorney stated that the proposed ordinance incorporates staff recommendations as to changes in regard to parking requirements. The changes deal with mixed use projects and large, single use projects. He stated that the thrust of the amendment would move approval of parking changes from Special Review Use procedures to Administration procedures, provided that all requirements were met. Mr. Dunn reviewed the ordinance with Council. He stated that there was a recommendation, from Norm Wood to the Town Manager, which suggested the deletion of the last sentence of subsection 7, paragraph A, which read as follows: "Any owner of a property desiring to reduce parking stall sizes for compact cars shall submit to the Planning and Zoning Commission a Special Review Use request for such reduction." Mr. Wood stated the reason for the recommendation was that he did not feel it necessary to go through the Special Review Use procedure to have up to 30% compact spaces, if the requirement of covered or underground structure is met. -2- • • 0 0 On page 1, Section 17.08.455, Mixed Use Project, add to the paragraph, "provided the commercial premises are at least 10,000 square feet area". Discussion, regarding parking requirements for mixed use projects and parking for timesharing units, followed. It was also suggested that, in Amendment Section 2, residential units should be separated from Accommodation units. After discussion, A.J. Wells moved to table Ordinance No. 85-10, Series of 1985. The motion was seconded by Al Connell, and was unanimously carried. First reading of Ordinance No. 85-11, Series of 1985, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO FLOOD DAMAGE PREVENTION. The Town Manager stated that the Town was now enrolled in the National Flood Insurance Emergency Plan, with a $35,000 limit on flood coverage. He stated that staff met with representatives from the Federal Emergency Management Agency (FEMA). He stated they now had maps available that defined the one hundred year flood plain area, and the majority of the Town currently falls in Zone C, a minimum flood hazard zone. Part of the Eagle River, that is within the hundred year flood plain, is Zone A. Mr. James stated that, in order for the Town to get into the upper coverage limits ( $185,000 for residential, $300,000 for commercial), the Town has to supply a map designating these areas. He stated that boundaries have been outlined and the above areas have been defined. It would then take from 2 to 6 months for the Town to be accepted into the regular program. Mr. James stated his only concern with the program was the State's request that they come in and inspect some of the ditches and creeks. He stated that, according to the FEMA, determination of the community's needs was a community obligation. Mr. James stated that, since a study was done in 1983, he did not want that expense repeated. He stated that, since a study was not a requirement, and since it's the community that determines its own needs, the Town should go ahead and adopt the two maps. After reviewing the maps, A.J. Wells moved approval of Ordinance No. 85-11, Series of 1985, as an emergency ordinance without further 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. -3- • • • • Resolution No. 85-17, Series of 1985, A RESOLUTION URGING CONGRESS TO ADOPT A BILL EXEMPTING STATE AND LOCAL EMPLOYEES FROM THE FAIR LABOR STANDARDS ACT (FLSA). The Town Attorney stated that this resolution was recommended by the National Institute of Law Officers (NIMLO), and deals with the subject of the Fair Labor Standards Act (FLSA). The NIMLO has asked Congress to do something about this matter. He stated that the concern was over the fact that the United States Supreme Court has decided that the FLSA (which regards child labor, minimum wages, and overtime) is applicable to local governments. He stated that this presents a problem, in varying degrees, for various municipalities, and an enormous problem for the State of Colorado. Mr. Dunn stated that the proposed resolution would petition Congress to consider legislation to defer the effective- ness of the Act until such time as the matter could be given further study. After discussion, Steve Miller moved approval of Resolution No. 85-17, Series of 1985. The motion was seconded by Don Buick, and was unanimously carried. Resolution No. 85-18, Series of 1985, A RESOLUTION APPROVING A PRELIMINARY PLAT FOR SUNCREST TOWNHOMES, PHASE 2, TOWN OF AVON, EAGLE COUNTY, COLORADO, A RESUBDIVISION OF LOT 7, BLOCK 1, REPLAT NUMBER 2, FINAL SUBDIVISION PLAT OF WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that this resolution formalizes Council action taken at the May 14th meeting. He stated that approval was given, subject to review by Town staff. Mr. Wood stated that the review has been completed, and the Plat does meet minimum requirements. Steve Miller moved approval of Resolution No. 85-18, Series of 1985, based on information that was received at the May 14th Council meeting. The motion was seconded by Al Connell, and was unanimously carried. Resolution No. 85-19, Series of 1985, A RESOLUTION SETTING FORTH THE TOWN OF AVON'S INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PPL DEVELOPMENT CORPORATION 60,000 SQUARE FEET OF COMMERCIAL SPACE. Mr. James stated that, last Tuesday, at the request of the current lenders, Greg Gage and he met with Boettcher and Company about the possibility of issuing Industrial Development Revenue Bonds (TDB's) for the commercial space in the Peregrine Village project. They felt that $9,000,000 to $10,000,000 in IDB's should pay for the project's commercial space. He stated that one of the -4- • • • conditions they would have to meet was that 50% of their ownership within the commercial square footage would have to change before IDB's could be issued. Mr. Gage has indicated that this was occuring at this time. Mr. James stated that they met with the Division of Local Governments, also. The Division informed them that, after June 1, 1985, $135,000,000 would be available, state-wide, for IDB's and would be assigned to communities that have a need for it. It was recommended that the Town submit an Inducement Resolution and an application, as soon after June 1st as possible, so that this could be put on allocation for the IDB's. Mr. James stated he had drafted an Inducement Resolution, which states intent on behalf of the Town to issue IDB's. In order to issue IDB's for the project, requirements outlined in Resolution No. 81-8 have to be met and, according to Mr. James, this has yet to be accomplished. He stated that the urgency was to submit the resolution as soon after June 1st as possible. Steve Miller moved approval of Resolution No. 85-19, Series of 1985, including changes made on page 2. The motion was seconded by A.J. Wells, and was unanimously carried. The Town Manager reported on the Avon Event Center. He stated that a group of Town staff, and a couple of Councilmembers, toured some Community Centers and Recreational Centers in and around the Denver area. He stated that the facilities toured were somewhat different than what Avon was planning. Mr. James reviewed and discussed the facilities observed by staff in the Denver area. Jack Zehren, of Zehren and Associates, approached the Council. At the May 14th Work Session, Council had requested that Mr. Zehren report back with some ideas for Phase I, and with some idea of whether a full-size Hockey Rink could be fit in. Mr. Zehren stated there were two issues he wanted to discuss with Council, besides information about the tour. The first was the present status of the Water District's plans to proceed with their building; the second was a revised program draft, some ideas related to potential facilities, and how they might go together. It was stated that one interesting program, that all the Denver-area facilities had, was a Day Care program. This seemed to be very popular. Mr. Zehren reviewed the Water Authority's plans with Council. He stated that an issue of concern was the attitude taken by the Water Authority. They have taken the position that any construction over the administration area of their plant would require a Change Order to their present plans, which do not allow for this. It is now their feeling that the cost of any -5- 0 0 • • construction of this type ( a change in footings, etc.) should be borne by the Town. Mr. Zehren stated that the Water Authority is basing their position on their interpretation of the agreement, which they say allows for building on top of the Water Treatment Plant, excluding the administration area. Councilman Wells stated that there was no written agreement to that effect. As yet, the Water Authority has not been before the Planning and Zoning Commission for approval. A lengthy discussion, and review of the plans, followed. It was stated that, from the beginning, the loading dock should be located next to the railroad tracks. Mr. Zehren stated they have been informed that the Town can not build on top of the ozone area because of safety reasons(i.e.: leaking gas, etc.). However, the way Zehren and Associates were proceeding, they were not planning to build above that area, anyway. Councilman Watkins felt that the ozone portion of the building seemed considerably larger than it was before. Councilman Wells stated that, if the Town anticipated building a Sports Center, athletic-type business, then Wildridge would not consider building such a center to avoid being in competition with each other. Lengthy discussion followed. In summary, the Town needed to respond to the Water Authority, letting them know that the Town will indeed build on top of the administration area of their plant and informing them that the related costs were an issue. Mr. Zehren stated that some major elements that the Town may want located on the Tract P parcel would be a full-size Hockey Rink, rather than something that would be scaled down; a recreation-size swimming pool, rather than a lap pool; and meeting space that could stand on its own. If none of the above items are eliminated or changed dramatically, then the next step would be to determine what the Town can afford to build and what is priority for Phase I. Plans would then need to be pared down to the 15,000 square foot range, at the same time they would try to get as much as possible on top of the Water Treatment Plant and allow for future expansion. Potential duplication of space would be eliminated, to try and keep within the 15,000 square foot size. Councilman Watkins stated he would like to know more about the ozone area, why it had become so much bigger, and whether parts of that area might still be used by the Town for egress. Mr.,Zehren suggested that a realistic Phase I be identified, that would be within a budget and within the 15,000 square foot range. He suggested keeping the basic components that were shown as a goal for future phases, and examining ways to make it as efficient as possible. -6- The Town Manager reported on the Sign Code, stating that Council may want some time to review the document before approving it. Council agreed to defer the Sign Code until the next meeting. The Vail Valley Foundation Planning Workshop has been scheduled for June 12, 1985. Council has been invited to attend. The Financial Matters were next presented to the Council. Steve Miller moved to receive items #1 through V. The motion was seconded by Al Connell, and was unanimously carried. Steve Miller moved approval of the General Fund Accounts Payable for May 28, 1985. The motion was seconded by Don Buick. The Town Manager reported that there would be a bill forthcoming from B & B Excavating, in the amount of approximately $10,000, for work in regard to ditch repair and overlay work on some Town streets. The Council voted unanimous approval of the General Fund Accounts Payable. Steve Miller moved approval of the Transit Fund and the Public Works Fund Accounts Payable for May 28, 1985. The motion was seconded by Don Buick, and was unanimously carried. A.J. Wells moved approval of the Reconciliation Sheet of Accounts Payable for May 28, 1985. The motion was seconded by Steve Miller, and was unanimously carried. The minutes of the May 14, 1985, Council meeting were next presented to the Council. Steve Miller moved approval of the May 14th Council meeting minutes. The motion was seconded by Don Buick, and was unanimously carried. -7- 0 0 *9 Councilman Miller commented on all the good work that was done for Clean-Up Day, the Bike Rodeo, and the Avon 500. He also mentioned the good job Larry Brooks and his crew were doing in keeping up the lake and park, the Municipal Building and the Fire Department, the Mall area, etc. Don Buick moved to adjourn the meeting. The motion was seconded by Steve Miller. The Mayor adjourned the meeting at 10:25 p.m. At this point, Council went into executive session. ,________A _ X Respectfully Submitte atricia J. /Df6yle, Town ftld`rk