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