TC Minutes 08-13-1985• •
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD AUGUST 13, 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
7:43 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, members
of the Western Vail Valley Chamber of Commerce, and members of the
press and public.
The Mayor called for Citizen Input.
Christine McGinley, with the Vail Institute, approached the
Council. She updated the schedule for the Balloons, Bluegrass,
and Barbeque event, scheduled for August 17 and 18, 1985. She
stated there would be approximately 30 balloons that would launch
between 6:30 a.m. and 7:30 a.m. The weather would dictate the
launch time. The first choice for the launch location was
Nottingham Park, the second was City Market's parking lot, and the
third was a lot in Edwards. There would be free transportation to
and from Beaver Creek's day parking lots, and to and from the
Eagle County Rodeo. After discussion, the Mayor thanked Ms.
McGinley for her comments.
Nick Jenny, General Manager for the Avon STOLport, approached the
Council. Mr. Jenny discussed the progress on the runway work. He
stated they were currently running four flights per day but, after
September 4th, there would be only two flights per day. He stated
they would run special flights for special groups. During the
winter months, they planned eight flights a day running between
6:30 a.m. and 11:30 p.m. Mr. Jenny stated that Bill Reynolds was
appointed Lead Agent, and would be taking care of any problems or
complaints. The fare structure was from $22 to $43, with the
$22 fare being a night flight that would not connect with any
other airline. Mr. Jenny stated there would be a similar
low-price fare during the winter. He stated that commuter books
were still available.
The Mayor thanked Mr. Jenny for comming.
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Next under Citizen Input was Steve Titus, with the Colorado Ski
School for the Blind. He told Council that last year was their
10th season, and they had provided over 500 skier days. He stated
that two of their skiers, Melba Houghton and Shelly Keck, received
Gold medals. He stated that, in order to raise the funds needed
to support their ambitious plans for the upcoming ski season,
Colorado Blind Skiing was conducting a "Vision Tour 185". This
would be a tandem bicycle tour, with Melba Houghton and he leaving
from the Avon Municipal Complex and riding to Washington D.C. The
tour would be a part of "Inspire 185", an international forum and
festival on leisure, sports, and cultural arts for the disabled.
Mr. Titus was requesting an official send-off and a police escort
from Avon to Vail. This tour was scheduled for August 21, 1985,
at 9:00 a.m. The tour would be funded by sponsored miles, at
$10.00 per mile.
After discussion, Steve Miller moved to donate $10.00 per mile for
110 miles. The motion was seconded by Sheila Davis, and was
unanimously carried.
Cliff Thompson, with the Avon Beaver Creek Times (ABC Times),
addressed the Council. Mr. Thompson requested that the Town of
Avon begin publishing ordinances and public notices in the ABC
Times. He stated that the ABC Times was not designated as a
publication for legal notices, therefore, it would still be
necessary to post at the current four locations. He stated it
would be a public service, to allow citizens a better opportunity
to be informed about municipal business. He stated he would be
able to publish at a cheaper rate than other papers. The probable
cost was estimated at around $1,000 per year, depending on the
number and length of the ordinances.
Councilman Miller felt the Town should proceed with this.
Councilman Watkins moved to authorize the Town Manager to place
ordinances in the ABC Times as a public information service. The
motion was seconded by Steve Miller.
Discussion followed.
It was stated the ordinances would be published on second reading.
The Mayor called for a vote, and the motion was unanimously
carried.
First reading of Ordinance No. 85-15, Series of 1985, AN ORDINANCE
AMENDING CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
TO LIMIT FIREPLACES IN CONNECTION WITH FRACTIONALIZATION. (This
ordinance was tabled at the July 23rd Council meeting.)
Norm Wood stated that, at the last meeting, Council had requested
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that staff further research State regulations. He stated that
State regulations go into effect in 1987, and would place emission
control restrictions on wood-burning stoves. The regulations
would also require the Division of Air Quality to develop design
guidelines for fireplaces, to be effective in 1987. Mr. Wood
stated that, after July of 1987, the regulations would require
that all fireplaces in the state be constructed in accordance with
those design guidelines, and that the guidelines be included into
building codes at that time.
Discussion followed.
In Section 17.22.030, delete the word "Notwithstanding", and
change the paragraph to read, "If a residential development right
has been fractionalized so as to permit the construction of more
than one living unit, not more than two fireplaces or wood
stoves shall be allowed in connection with any one residential
development right before fractionalization."
A.J. Wells moved to table Ordinance No. 85-15, Series of 1985, so
that the Town Attorney could re-write it taking into consideration
the suggestions.
The motion was seconded by Steve Miller, and was unanimously
carried.
First reading of Ordinance No. 85-12, Series of 1985, AN ORDINANCE
AMENDING THE ZONING MAP OF THE TOWN OF AVON, AND ZONING CERTAIN
PROPERTY.
Norm Wood stated that the owners of Lots 26, 27, and 28, Block 1,
Benchmark at Beaver Creek, have applied for a zone change. The
requested change was from IC to SPA Bed and Breakfast Lodge. Mr.
Wood stated that, after the public hearing and review, the
Planning and Zoning Commission found the proposed zone change to
be in conflict with the adopted Working Goals for Development
District Six, and recommended that Council deny the requested zone
change.
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 to deny Ordinance No. 85-12, Series of 1985. The
motion was seconded by Al Connell, and was unanimously carried.
Next on the agenda was discussion of the Wendy's project. Steve
Sutton, an attorney with Cole and Sutton, approached the Council.
He stated they were again trying to get Wendys finalized so they
could proceed. He stated that they were structuring a dedicated
access to the Town, and he had provided a copy of the Subdividers
Agreement to Art Abplanalp for review. Mr. Sutton stated they
hoped to break ground by September 1, 1985.
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Jim Cunningham, owner of Tract Q, stated that the Subdividers
Agreement was a by-product with regard to the north and south
lots. He stated that the Town wanted to acquire right-of-way
between the two lots, and to further develop the loop road to the
east. He stated that the Subdividers Agreement proposed
dedication of the 50 foot right-of-way for a 24 foot road, and
they would be allowed perpendicular parking adjacent to the
property. Mr. Cunningham stated that the plan would allow them to
develop, and still have 122 parking spaces, under the relationship
that, "they had not dedicated the land". The Agreement also
included a provision whereby Tract Q would provide a Letter of
Credit, to the Town, for the purpose of indemnifying work that
would have to be completed once the subdivision was done. The
entrance to the parking, on the north side of the lot, would be
changed so as not to interfer with the three-way intersection of
roads at that spot.
There was discussion on the conveyance of half of the street
between Tract Q, Benchmark Shopping Center, and Benchmark Plaza.
It was Mr. Cunningham's understanding that Benchmark Company did
not want to share in the conveyance.
Mr. Wells stated, speaking for Benchmark Companies, that they did
not want to speak for the Town. He stated that he committed to
conveyance of the paved part of the road, including the inside of
the curb and gutter, but not the 4 feet of landscape area.
Both Mr. Wells and Mr. Cunningham agreed it would be in the best
interest of all parties to convey their portions of the street.
Council then reviewed the map of the proposed dedicated street.
After discussion, Mr. Cunningham stated that they would re-draft
the Plat to show the dedicated street between Tract Q and the
Benchmark Plaza.
No action was taken.
Resolution No. 85-29, Series of 1985, A RESOLUTION REVISING
SECTION 2.10 AND SECTION 2.30 OF THE DESIGN REVIEW BORD RULES AND
REGULATIONS.
Norm Wood stated that the Planning and Zoning Commission reviewed
the adoption of the following changes to the Design Procedures,
Rules, and Regulations; subject to Council's approval:
1. Change the meeting date to the first and third Tuesday of each
month;
2. Revise the Design Review application and submittal schedule
to: a. Commercial Projects, Commercial/Residential Projects,
and Residential Projects Containing 10 or more Units:
Application submittal at least 21 days prior to the
meeting at which to be considered.
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b. Miscellaneous Items Requiring Design Review, and
Residential Projects Containing Less Than 10 Units:
Application submittal at least 14 days prior to the
meeting at which to be considered.
c. Additional or Revised Information Requested at a
Formal Review of a Project by the Planning and Zoning
Commission: Must be submitted at least 7 days prior
to the meeting at which to be considered.
After discussion, Don Buick moved approval of Resolution No.
85-29, Series of 1985. The motion was seconded by Al Connell, and
was unanimously carried.
The Town Attorney reported on the County Dog Control Resolution.
Mr. Dunn stated he had a comment to make on the subject that he
felt should be addressed before Council considered the resolution.
He advised the Council that the Town's dog control would never be
the same at the County's dog control as long as the Town insists
on writing violations into Municipal Court. He stated that unless
this practice ended, the County would not come in to Avon. It was
his understanding that the Town has access to the County pound
because essentially, the police were handling dog control and
violations were being written into Municipal Court. He stated
that the fact was that the police do not want to write violations
into the County Court.
Councilman Miller suggested approaching the dog control person on
a sub-contract basis. The Town could furnish a certain dollar
amount to the County and allow them to come into Avon and enforce
the Town's ordinance.
Discussion followed.
The Town Manager recommended that County Commissioner Dave Mott be
invited to come before Council and discuss the issue.
The Town Attorney reported on the McAdams/Wilson litigation. He
stated that the complaint had been dismissed, and it would be some
time before he would know if an appeal would be filed.
The Town Manager reported on the Nottingham/Puder Ditch. He
stated that the Town uses the ditch for irrigation purposes and
for the waterfall at the Avon sign. He stated that the ditch
needed some repairs, including the replacement of piping that was
installed 50 years ago. Mr. James stated that the Avon
Metropolitan District has requested that the Town share in the
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cost of the repairs, since the Town also makes use of the ditch.
The total estimated repair costs would be $32,000. The Avon Metro
District has an agreement with Nottingham Ranch Company to share
50% of ditch expenses, because the Ranch Company uses it for
irrigation purposes. Mr. James stated that the Metro District was
proposing to split its share of the cost on a 50-50 basis with the
Town, which would amount to $8,000.
Discussion followed.
The Mayor stated that Council would consider this request for the
1986 budget.
Councilman Miller so moved. The motion was seconded by A.J.
Wells, and was unanimously carried.
The Town Manager reported on the possibility of the Vintage Car
Race taking place over the 4th of July weekend. He stated that
Council needed to decide whether they wanted the two events to
coincide. The cost for this type of function would be between
$25,000 and $30,000.
After discussion, the Council was in favor of the Races being
planned for the 4th of July, and Council directed staff to get
input from Rocky Mountain Vintage Racing, Vail Associates, and the
Vail Resort Association regarding a combined upper and lower
valley effort.
The Town Manager reported on the Avon Event Center/Capital
Improvements. He stated that this was discussed at the afternoon
Work Session. The Council was shown slides of the various types
of aquatic centers, with emphasis on wave machines. Mr. James
felt it was important for the Council to get together and look at
some of the centers in Canada in the next week or two. He felt
the trip would help Council decide which direction they want to
take. Mr. James stated he needed to know how the Town would
finance it, and the projected operating costs, so he could put
those figures into the five year budget.
Lengthy discussion followed.
Mr. James asked if Council would be interested in considering a
$500 reduction in AMD tap fees, if the Town would assess the $500
fee for Capital Improvements.
Councilman Wells stated he was definitely in favor of picking up
the mill levy, but felt that developers were getting hit from all
directions.
Councilwoman Davis felt it was a good idea, if the Town was
considering an aquatics center, and felt it would be an asset to
developers.
Councilman Wells stated he thought an aquatics center could be
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done for three million dollars now, with the 5 mills, then go to 7
mills.
Further discussion followed.
The Council agreed to pursue the tap fees.
The Town Manager reported on funding for a Chamber of Commerce
Information Center. He felt Council appeared to be receptive to
the the Chamber's request, made at the afternoon Work Session, for
funds from the Town to help pay for the Information Center.
The Town Manager reported on the Development Plan. He stated that
the maps that will be published with the final documents would be
presented to Council on August 27th. Public hearings would be
scheduled for the 12th and 19th of September, and final adoption
would take place on September 24th.
The Town Manager reported on the budget schedule. He stated he
would request that the draft budget review be set for 3:00 p.m. on
September 24th.
The Town Manager reported on the Administrative Procedures for
fractionalized projects. He stated that the proposed guidelines
follow the current Design Review procedures.
Clint Watkins moved approval of the Administrative Procedures for
fractionalized projects. The motion was seconded by Steve Miller,
and was unanimously carried. (See attached memorandum, dated
August 9, 1985.)
The Town Manager reported on the bus stop at Beaver Creek West and
Falcon Pointe. There were concerns regarding the safety of
passengers boarding buses in the Beaver Creek West/Falcon Pointe
area. He stated that staff has reviewed the possibility of
locating a bus stop Beaver Creek Blvd. and Benchmark Road. Also
discussed was the possibility of the common access easement
serving Beaver Creek West and Falcon Pointe being dedicated as a
public street right-of-way, with the bus stop located essentially
in the center of the projects. He stated that representatives
from the condos have expressed a willingness to dedicate the
right-of-way and to participate in the cost of improving the
drive to street standards.
The recommended improvements generally consist of lengthening and
reinstalling the culverts at Benchmark Road. Estimated cost for
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these improvements are between $30,000 and $35,000, based on
recent street improvement bids. In addition to the initial
construction costs, the annual maintenance and snow removal costs
would be approximately $3,000 to $4,000. The bus stops designed
to address the problems experienced during the past season were
estimated to cost between $6,000 and $7,000 each.
After discussion, Sheila Davis moved approval of $14,000 towards
the cost of the bus stop, provided that the Associations from
Beaver Creek West and Falcon Pointe pay the balance, that the bus
stop be placed on the private road, and provided that the
Associations dedicate the street. The motion was seconded by
Steve Miller.
Further discussion followed.
Councilman Wells had concerns regarding building the bus stops.
He felt the buses should stop on Beaver Creek Blvd. where ever
there are people standing.
The Town Manager stated the problem was people were standing in
the road, and the Town could possibly be held liable if a place
off the road was not provided.
After discussion, the Mayor called for a vote on the motion.
Those Councilmembers voting "aye" were Sheila Davis and Steve
Miller. Those Councilmembers voting "nay" were Clint Watkins,
A.J. Wells, Al Connell, and Don Buick. The motion was denied by a
4 to 2 vote.
Further discussion followed.
A.J. Wells moved to approve the placement of a bus stop on Beaver
Creek Boulevard, either on the east or west side of the entrance
to Beaver Creek West. The motion was seconded by Al Connell, and
was unanimously carried.
In regard to Bill Nottingham's property across from Avon Station,
the Town Manager stated that the County had requested permission
to use the land as a storage yard for construction trailers and
construction equipment. Mr. James stated that he had no problem
with the request, as long as it would be a temporary use.
After discussion, Council agreed that they would not like to see
any construction trailers or equipment on that parcel. The reason
the Town spent funds on Avon Road was to beautify the area, and
Council felt that construction trailers and equipment would not be
consistent with that goal.
The Council also requested that Avon Center's lot be cleaned up;
that the trash and trailers that have been there for some time be
removed.
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The Mayor reported on letters he had received from Senator Gary
Hart in regard to the Nuclear Waste Policy Act, and on a letter
from Mike Strang in regard to setting up a hearing on Energy and
Environment. The Mayor stated that Mr. Strang would contact the
Town when a time and place was established.
The Mayor reported on United Nations Day. He requested that
Council appoint a United Nations Lead Chairperson. Sheila Davis
moved to appoint Mayor Allan Nottingham as the Town of Avon's
Chairperson. The motion was seconded by Steve Miller, and was
unanimously carried.
Al Connell moved to appoint Sheila Davis as the Town of Avon's
representative for the Northwest Colorado Council of Governments
(NWCCOG). The motion was seconded by Don Buick, and was carried
with Sheila Davis abstaining.
Sheila Davis moved to appoint Al Connell as the Town of Avon's
alternate representative for the Northwest Colorado Council of
Governments. The motion was seconded by Don Buick, and was
carried with Al Connell abstaining.
A letter from Brian R. Hyde, addressed to FEMA, National Flood
Insurance Program, was discussed. The letter was in regard to
Metcalf Creek, Buck Creek, and Swift Gulch as adequately mapped
flood areas in the Town of Avon.
After discussion, Council agreed to wait to see what comments came
from the letter to FEMA. _
The Financial Matters were next presented to the Council.
Clint Watkins moved to receive items #1 through #10. The motion
was seconded by Steve Miller, and was unanimously carried.
Don Buick discussed the Town Attorney's bill.
Steve Miller moved approval of the General
of August 13, 1985. The motion was seconded
Discussion followed.
A.J. Wells had a concern regarding the bill
stated that he could not approve payment of
Forest Service lands. Mr. Wells felt that
authorized to do additional research for a
Fund Accounts Payable
by Clint Watkins.
from Jon Mulford. He
the bill regarding the
Mr. Mulford was not
n appeal, and was not
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authorized to draft the
After discussion, A.J.
item #11 (General Fund
Page 6, to Jon Mulford,
seconded by Al Connell,
The Mayor called for a
unanimous approval.
•
press release.
Wells moved to amend the motion to approve
Accounts Payable), deleting the payment on
in the amount of $767.25. The motion was
and was unanimously carried.
vote on the first motion. Council voted
Steve Miller moved approval of the Transit Fund, Mall Construction
Fund, and Public Works Fund Accounts Payable of August 13, 1985.
The motion was seconded by Clint Watkins, and was unanimously
carried.
Sheila Davis moved approval of the Reconciliation Sheet of
Accounts Payable for August 13, 1985. The motion was seconded by
Clint Watkins, and was unanimously carried.
Clint Watkins moved to receive the Davis, Graham and Stubbs bill,
for work done on the Sunroad Group litigation. The motion was
seconded by Al Connell.
Councilman Watkins stated that he was not willing to pay the bill,
as yet.
The Town Manager disagreed. He stated that Council has to decide
whether to pay the Town's bill or Benchmark's bill. Mr. James
stated that the bill dates back to April of 1985.
After discussion, Clint Watkins withdrew his motion.
Steve Miller moved approval of the Davis, Graham & Stubbs bill.
The motion was seconded by Sheila Davis, and was unanimously
carried.
The minutes of the July 23, 1985, Council meeting were next
presented to the Council.
Don Buick moved approval of the minutes of the July 23rd meeting.
The motion was seconded by Sheila Davis, and was carried with
Steve Miller abstaining due to his absence from that meeting.
Under Other Business was an item that had been discussed earlier,
at the afternoon Work Session. The item was in regard to the
Forest Service Land Exchange.
Clint Watkins moved to authorize the Town Manager to write a
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letter to the Western Land Exchange to entertain a Memorandum of
Understanding, between the Town of Avon and the Division of
Wildlife, for deer and elk herd management for the proposed
guidelines. The motion was seconded by Steve Miller, and was
unanimously carried.
There being no further business to come before the Council, Al
Connell moved to adjourn. The motion was seconded by Don Buick.
The meeting was adjourned, by Mayor Nottingham, at 10:58 p.m.
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APPROVED:
I.
W
ADMINISTRATIVE.
FOR
FRACTIONALIZED
Application
PROCEDURE
PROJECTS
A. Application for fractionalization of residential Develop-
ment Rights shall be made concurrent with application for
Design Review.
B. Application for fractionalization shall include the follow-
ing materials, in addition to those required for Design
Review, as outlined in Design Review Board Procedures,
Rules and Regulations:
1. Summary listing proposed units, and including:
a. Unit size (area in square feet);
b. Fraction of Development Right used for each unit;
C. Total Development Rights used.
2. Total Development Rights available on site;
3. Floor plans for each building level, including:
a. All exterior building dimensions;
b. Interior dimensions of all exterior walls of
each unit;
C. Identification of all interior common areas
and dimensions;
d. Angle of all corners, of other than 90 degrees;
e. Identical units may be dimensioned on typical
drawing.
II.
Preliminary Approval
A. Planning and Zoning Commission shall act on fractionali-
zation applications in conjunction with final Design Review.
Final design approval shall include approval of fractionali-
zation of Residential Development Rights as per approved
plans.
B. Approval of fractionalization of Residential Development
Rights shall lapse and shall become void two years follow-
ing the date of final approval of the project unless, prior
to the expiration of two years, a building permit is issued
and construction is commenced and diligently pursued toward
completion.
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III. As-Built Drawing or Final Condominium Plat
A. Upon substantial completion of a project and prior to
issuance of a Certificate of occupancy, temporary or
permanent, as as-built drawing of the project shall be
submitted for review and approval.
B. As-built drawing shall contain the following, as a
minimum:
1. Fully dimensioned site plan showing building
location on site and exterior building dimensions;
2. Floor plans for each building level including:
a. All exterior building dimensions;
b. Interior dimensions of all exterior walls of
each unit;
C. Identification of all interior common areas and
dimensions;
d. Angle of all corners, of other than 90 degrees.
3. As-built plans shall include certificate of accuracy,
signed and sealed by a land surveyor registered in
the State of Colorado.
C. As-built plans shall be submitted at least 21 days prior
to Council meeting at which approval.is requested.
D. Final As-Built Condominium Plat filed in accordance with
Subdivision Regulations will be acceptable in lieu of the
above for condominiumized projects.
IV. Final Approval
A. Fractionalization will be complete upon approval of Final
As-Built Plans or Final As-Built Condominium Plat by
Town Council.
NW/brj
8-9-85