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TC Minutes 10-22-19850 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD OCTOBER 22, 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 Pro Tem Sheila Davis, at 7:43 p.m. A roll call was taken with Steve Miller, A.J. Wells, Al Connell, and Don Buick present. Mayor Allan Nottingham was absent. Councilman Clint Watkins arrived at 7:50 p.m. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks & Recreation Larry Brooks, and members of the press and public. The Mayor Pro Tem called for Citizen Input. As there was no one to be heard, the Mayor Pro Tem closed the discussion. Rod Brown was cancelled from the evening's agenda. Second reading of Ordinance No. 85-19, Series of 1985, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE RESIDENTIAL HIGH DENSITY COMMERCIAL ZONE DISTRICT. This was scheduled for public hearing. Norm Wood stated that, at the previous meeting, Council considered first reading of an ordinance to rezone Lots 45 & 46, Block 2, Benchmark Subdivision, from RHLD (Residential High Low Density) to RHDC (Residential High Density Commercial). He stated that Council had requested a more detailed explanation from the Planning and Zoning Commission regarding their action and recommendation. The Planning and Zoning Commission presented an outline of the reasons behind their recommendation not to allow the zone change to RHDC. These reasons were, (1) RHDC allows commercial uses, such as automobile service stations, that are not compatible with the existing and allowed uses in the surrounding area; (2) the increased densities and building heights allowed in the RHDC Zone District are inconsistent and incompatible with existing development; and (3) the impact of allowing time-share as a Special Review Use in the RHLD Zone District extends far beyond -1- • • lots 45 & 46, encompassing all residential development around Nottingham Lake, plus Benchmark Condominiums and Sunridge, Phase I. Consideration was also given to the strong opposition from neighboring property owners. Mr. Wood stated that the applicant has since submitted a revised ordinance requesting a change from RHLD to SPA (Specially Planned Area), instead of from RHLD to RHDC. Under the SPA zoning, the specific time-share proposal for the project would be considered. Mr. Wood recommended that Council refer the revised zone change request to the Planning and Zoning Commission for additional review. Attorney Dennis Cole, representing the applicant, approached the Council. He stated that, procedurally, they were recommending the new ordinance submitted earlier in the afternoon, and stated there were a couple of changes that indicate the change in zoning classification from RHLD to SPA. Mr. Cole stated they do not want to withdraw the ordinance. He felt that all the concerns of the Planning and Zoning Commission and the property owners would be resolved by a change to SPA, which would limit use to a residential time-share project, only. He requested that Council adopt the changes in the ordinance on first reading, and recommended that Council refer the matter to the November 5th Planning and Zoning Commission meeting for a public hearing, so the Commission could then offer their recommendations to Council, at the November 12th meeting, regarding SPA as an alternative to RHDC zoning and regarding the specific or precise SPA Plan. The Mayor Pro Tem opened the meeting for public hearing regarding the rezoning of Lot 45, the location of Falcon Pointe Lodge. Richard Taxman, a Director on the Board of Beaver Creek West, approached the Council. He stated that he, as well as the other Directors on the Board, wanted to express their concern over the zone change. He stated they were concerned about the traffic impact, and about the type of density that time-share would generate in the area. He stated that, if the zone change were approved, most of the Beaver Creek West residents would move out. He stated the revision to SPA would not change their minds. He stated that the attitude of the 120 Beaver Creek West condo owners was concerned with what the future would bring. Sheila Davis asked what the major difference was between short term and time-share. Mr. Taxman stated that the occupancy rate for short term at peak season was approximately 50% to 60%, whereas time-share would be filled every week. He felt there was a difference between a person who would pay $170 a night and a person who puts a down payment on a $5,000 a week unit. Mr. Taxman felt the value of his unit would deteriorate. Councilman Buick stated that, since the applicant has revised the zone change request to SPA, it has somewhat changed the concerns that were expressed two weeks ago. -2- 0 • Lengthy discussion followed regarding parking problems that could arise from time-share and the allowed uses of the zone change. After discussion, the Mayor Pro Tem thanked Mr. Taxman for his comments. Jack Garland, resident of Beaver Creek West, approached the Council. He stated he had been a resident of Avon for the last four years and, as an Avon resident, had an objection to Falcon Pointe going time-share just from a philosophical point of view. He stated that a person who owns just one time-share week in Avon could be expected to have a lot less interest in seeing the Town prosper than someone who owns a condominium. Bill Flasher, a real estate broker in Vail and General Manager of the Vail Run Resort, approached the Council. He stated he was a previous renter at Falcon Pointe and he spoke highly of the project. He felt that time-share would not affect the area that much, and felt it would create a lot of business for Avon. He stated that there would probably be some parking problems in the winter season because there would be a lot more people using the units (4 to 6 people to a unit in winter, compared to 2 to 4 people in summer). He stated Avon could look for traffic problems at check-in times, and felt this could be relieved somewhat by having check-in by floor. After some discussion, the Mayor Pro Tem thanked Mr. Flasher for his comments. Mark Mitchell, representing the developer of the property, addressed the Council. He stated he had conversed with Mike Bennett, Manager of Beaver Creek West, and they agreed there should be some sort of a road maintenance agreement that would address the issues of snow plowing and long term maintenance, such as overlays and resealing the road. He stated this agreement was in the process of being drafted. Mr. Mitchell stated they were willing to discuss any concerns about the pool, and stated that the marketing company would be responsible for the property up-keep. As far as the possible parking problems were concerned, he felt there would not be an impact on the area. Don Buick moved to refer the question of the zone change to SPA back to the Planning and Zoning Commission, and to continue the public hearing to the next meeting. The motion was seconded by Clint Watkins. Discussion followed regarding whether the ordinance should be heard on second reading, or the revised ordinance, presented earlier in the day, should be heard again on first reading. After discussion, Don Buick moved to approve Ordinance No. 85-19, Series of 1985, on second reading (this ordinance, regarding changing RHLD to RHDC for Falcon Pointe Lodge, was read by title). The motion was seconded by Clint Watkins. Those Council members voting "aye" were: none. Those Council members voting "nay" -3- • 9 were: Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick. The ordinance was killed unanimously. Council then discussed the revised 85-19, AN ORDINANCE CHANGING THE RHLD ZONE TO SPA ZONE. After discussion, Council requested that a new ordinance be drafted reflecting information from the public hearings that have occured, making the clarifications requested, and addressing the commercial and non-commercial uses. The new ordinance would then come back to Council for first reading. A.J. Wells moved to recommend to the Planning and Zoning Commission that they consider SPA zoning for Lot 45, Block 2, Benchmark at Beaver Creek Subdivision. The motion was seconded by Don Buick. Discussion followed. Clint Watkins felt limited uses for the proposed time-share property should be considered. A.J. Wells amended his motion to include limiting the property's commercial uses to front desk operations, only. Don Buick amended his second, and the motion carried unanimously. Second reading of Ordinance No. 85-18, Series of 1985, AN ORDINANCE PROVIDING FOR THE APPROVAL OF USES PURSUANT TO A PRECISE PLAN FOR A PORTION OF THE SPA (SPECIALLY PLANNED AREA) ZONE DISTRICT ESTABLISHED BY ORDINANCE NO. 85-3. (Amoco Service Center) Norm Wood stated that this issue was continued from the last Council meeting. He stated that, after a site visit conducted by Commission members, further public hearings were held by the Planning and Zoning Commission, on October 15, 1985, to review the matter. The Planning and Zoning Commission has recommended approval of the Amoco Service Center subject to, 1) the public land from the retaining wall to the river being dedicated to the Town; 2) the building design, color, and materials being approved in general concept; 3) the site plan and the retaining wall material being approved, subject to further review; and 4) revision of the landscape plan to address Commission concerns, and review of the square footage for proposed signage. Mr. Wood stated that the Eagle County Health officer had sent a letter with his comments on the matter. Mauri Nottingham had submitted documentation regarding tank installation, and protection and environmental concerns. Mr. Wood reviewed the site plan with the Council. Council was concerned about a Master Plan not being submitted for the entire parcel, and felt that proper procedures were not being followed. Discussion followed. The Mayor Pro Tem opened the meeting for public hearing. Helen Weiss, resident of Eagle-Vail and an educator, lecturer, and -4- • • writer, approached the Council. She stated she was deeply concerned about the water issue. She stated that, based on information supplied from reading and study, she was deeply concerned about what could happen to the water in Eagle-Vail. Also of concern was the service station location and the distance between the location of the tanks and the river. The Mayor Pro Tem thanked Ms. Weiss for her comments. Hugh O'Brien approached the Council, stating he had an interest in the property north of the proposed facility and owned property in Eagle-Vail, also. He was concerned about toxic pollution and about a permanent visual blight, from the point of view of the users of the river and riverbank and of the people who live across the river facing the proposed facility. He stated he had not seen or heard of any detailed plan or guarantee that screening would be provided against possible automobile parts, oil drums, and debris. He felt these were very important concerns, and hoped the Council would not approve the service station until after further study. Gary Tricarico, representing Avon Trader, Inc., approached the Council. He stated than any tanks under 40,000 gallons would not fall under the EPA's jurisdiction, but he could request an inspection if so desired. He stated he appreciated all the concerns being discussed, but felt these issues had been dealt with at the last meeting. He stated he met with Eagle County's Environmentalist, for three or four hours, and had reviewed the plans for the proposed project with him. The environmentalist responded by letter, dated October 15, 1985, in which he generally approved the plans. Mr. Tricarico stated they discussed suggestions, that were not based on any regulations or requirements, such as (1) the excavated area for the fuel storage tanks be lined with a suitable plastic liner (PVC, polyethylene); (2) the fuel tanks should be covered and top soil crowned to prevent surface drainage; (3) a 4" PVC pipe could be placed vertically to serve as a monitoring well, as a vapor release support for an overflow pipe, and as a pumping access, if necessary. Mr. Tricarico reviewed plans for the installation of the tanks with the Council. The retaining wall was discussed, also. Mr. Tricarico stated that the environmental agent had examined and reviewed the site, and had stated that, if even half of what has been planned is done, the facility would be more attractive than anything that now exists along the Eagle River. Mr. Tricarico stated he had provided all the necessary insurances, and felt he had done anything and everything that had been asked of him. He stated they have a tremendous amount of money invested, they have the Planning and Zoning Commission's approval of the project, and they have the Commission's recommendation for Council approval of the project. Mr. Tricarico was asking the -5- Council to act on that recommendation. Lengthy discussion followed. Councilman Watkins stated there was a Planning and Zoning Commission recommendation that the park area and the paved bike path be dedicated to the Town of Avon. Mr. Tricarico stated that nothing had been decided, because he had not been approached with a specific plan other than that the land be dedicated for public use. Mr. Watkins stated he would like to see the bike path put in all the way through the proposed project's property. Mr. Tricarico stated that about 300 feet west of the property it runs into water, so the bike path could not run in that direction, anyway. It was stated that the Master Plan showed the bike path running all the way through. Mr. Tricarico did not feel it was feasible to put in the bike path at this time. Further discussion followed on the allowed uses in the ordinance. Council felt some revised language should be added, such as retail stores, personal service shops, offices, and restaurants. Dean Koll, an architect with Zehren and Associates, also representing Craig Fulton, owner of the piece of land on the south side of the proposed service center, addressed the Council. Mr. Koll stated it was a nice looking building, but they were concerned about the need for landscaping on the north side and felt the lighting was a problem. He stated they would like to see fencing, such as trees, shrubs, and other growth. He stated they could deal with the project, but felt these concerns had to be allotted some consideration. Mr. Mauri Nottingham stated the plans looked fantastic, but felt it was only a dream. It was stated that Council would be approving the use, not the plan. Don Buick moved approval of Ordinance 85-18, Series of 1985, on second reading. The motion was seconded by A.J. Wells. Discussion, regarding language revisions in the ordinance, followed. Council agreed to add the following language: Page 2, #3, "retail stores, personal service shops, offices, and restaurants". Don Buick amended his motion to include this wording in the ordinance. The Town Attorney stated that a resolution should be considered with regard to the dedication of the bike path and park land for the parcel. Councilman Buick amended his motion to require the landowner to provide Council with a legal description, and to show the dedication of the land along the side of the river, for park and bike path use, for the entire length of what is known as the White Parcel. Councilman Watkins seconded the amended motion. Further discussion followed. -6- i ~ The Town Manager stated he would contact the EPA, the State's Water Control Board, and other agencies to assure that the developer has followed all the guidelines and to relieve the Council's concerns. A.J. Wells moved to table the motion approving ordinance 85-18, to have the ordinance updated to reflect all the public hearings that have taken place and the language revisions regarding uses, to delete the neighborhood commercial use language, to include the provision that the uses are approved subject to the installations being conducted in accordance with the State of Colorado Rules and Regulations and the recommendations of the Eagle County Health Officer, and to provide for separate action being taken regarding the park and bike path land dedication for that parcel. The motion was seconded by Al Connell, and was carried with Steve Miller opposing. The public hearing would be continued to the November 12th Council meeting. Council recessed at 11:00 p.m. and reconvened at 11:10 p.m. Second reading of Ordinance No. 85-20, Series of 1985, AN ORDINANCE AMENDING SECTION 2 ,OF ORDINANCE NO. 85-6 OF THE TOWN OF AVON, COLORADO, ESTABLISHING A TRANSPORTATION AND RECREATIONAL AMENITIES TAX. This was a public hearing. A.J. Wells moved approval of Ordinance 85-20, Series of 1985, on second reading. The motion was seconded by Steve Miller. Discussion followed. Attorney Dennis Cole, representing Resort America Corporation, approached the Council. He recommended that the public hearing be continued, and stated they would be willing to work with the Town staff to determine how the actual source of revenues could best be equitably and fairly distributed. Discussion followed. The Town Manager requested that the options be left open until the next Council meeting, so there could be further discussion on the matter. After lengthy discussion, A.J. Wells moved to table Ordinance No. 85-20, Series of 1985, on second reading, for further study. The motion was seconded by Al Connell, and was carried with Clint Watkins opposing. First reading of Ordinance No. 85-21, Series of 1985, AN ORDINANCE AUTHORIZING CERTIFICATION AND COLLECTION OF CHARGES ASSOCIATED WITH WEED ABATEMENT. -7- 0 0 The Town Manager stated that the process of collecting money owed by property owners to the Town for contracted weed mowing services has become a tremendous problem. He requested that Council consider having the Town certify the amounts owed, to the County, if payment has not been made by October 1st. The County would then add the amounts owed to the property taxes for collection. Don Buick moved approval of Ordinance No. 85-21, Series of 1985. The motion was seconded by Steve Miller. Discussion followed. Mr. Wells stated that the Mayor was concerned about the procedures being followed. If a land owner was trying to comply with the weed abatement ordinance, how and when does the Town decide to move in and cut the weeds? It was stated that a notice is published, stating that anything over 18" high will be cut by the Town. If the lot is uncut after the publications are made, and the property owner does not respond to the notification sent, then the Town has the right to mow the property. The time of notification and charges levied were discussed. Councilman Watkins felt the Town was taking away any rights for appeal or recourse that the land owner has to dispute the amount he is being charged. He stated he was not in favor of the ordinance. The Mayor Pro Tem called for a roll call vote. Those Council members voting "aye" were A.J. Wells, Al Connell, and Steve Miller. Those Council members voting "nay" were Clint Watkins and Don Buick. The motion carried by a 3 to 2 vote. Resolution No. 85-35, Series of 1985, A RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT PROJECT FOR AVON REGENCY SUITES PARTNERS MAKING CERTAIN FINDINGS AND DETERMINATIONS, PRELIMINARILY APPROVING THE ISSUANCE OF UP TO $10,000,000 PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (AVON REGENCY SUITES PROJECT) IN CONNECTION THEREWITH AND AUTHORIZING REPRESENTATIVES OF THE TOWN TO ACTION INCIDENTAL THERETO. Be it noted that A.J. Wells stepped down due to conflict of interest. Ken Sortland, representing Barney, Inc., approached the Council. Barney, Inc., was the party interested in constructing a hotel project in Swift Gulch. It would be a budget or economy type hotel. Mr. Sortland reviewed the plans with the Council. After discussion, Don Buick moved approval of Resolution 85-35, Series of 1985, with the provision that the resolution would die in the event there was not a contract on the land by 5:00 p.m., Friday, October 25, 1985. The motion was seconded by Steve Miller, and was carried with A.J. Wells abstaining. -8- 0 0 A.J. Wells resumed his seat. The Mayor Pro Tem opened the public hearing for the proposed 1986 budget. The public hearing on the proposed 1986 budget was continued to a later date. Resolution No. 85-34, Series of 1985, A RESOLUTION TO SET MILL LEVIES FOR THE 1986 BUDGET, A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1985, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 1986 BUDGET YEAR. Al Connell moved approval of Resolution No. 85-34, Series of 1985. The motion was seconded by Don Buick. Discussion followed. This represented an increase of 5 mills over this year's mills, but would be offset by a decrease in mills levyed by the water districts. The motion carried, with Clint Watkins opposing. The Town Attorney reported on the Wilson/McAdams litigation. He stated that Judge Jones entered an Order, on October 7th, in which he ruled that he did not have jurisdiction to consider the Motion, filed on behalf of Wilson/McAdams, to enforce what they claim was a settlement of the case. Mr. Dunn stated it would require a Remand by the Court of Appeals. Mr. Hickman was proceeding to docket his appeal. Mr. Dunn reported on the PPL Development foreclosure litigation. He stated that they would have to take steps to bring the matter to a head. It was stated that the Town would be reimbursed for all attorney's fees. Discussion on this item followed. No action was taken. The Town Manager reported on the purchase of Swift Gulch. Be it noted that A.J. Wells stepped down due to conflict of interest. Mr. James stated that a proposal to purchase Swift Gulch was presented at the last meeting. Included in that proposal was that, if the Town decided to buy Lot #2, then Benchmark would dedicate Lot #1 for a church site. He stated that Benchmark had done an appraisal that was based on units. Mr. James stated that, based on rough estimates, the Town seemed to be getting the better end of the deal. He stated that, according to the proposal now before Council, Benchmark was planning on using the front 3 acres, leaving 3 acres behind the front 3. Benchmark did not seem to be -9- 0 0 opposed to putting in an access to the back 3 acres. If the Town could acquire a Special Review Use permit from the Forest Service for an additional 10 acres, Mr. James stated there would be a lot of acreage for the Town to work with. He stated that the acreage would suffice for Avon's needs, but would not meet the needs for Beaver Creek's or Vail Associates' security force and equipment. It was asked if it would be possible for the Town to use the 3 acres back of the proposed hotel. Mr. Wells stated he was not prepared to answer that question. He stated that once the hotel people find out that the Town wants to use the land behind them for a bus storage area, they would not want to buy the front acreage. After discussion, Steve Miller stated that Council should table the matter until a later date. A.J. Wells resumed his seat. The Financial Matters were next presented to the Council. Clint Watkins moved to receive items #1 through #10. The motion was seconded by Don Buick, and was unanimously carried. Clint Watkins moved approval of the General Fund Accounts Payable for October 22, 1985. The motion was seconded by Don Buick, and was unanimously carried. Clint Watkins moved approval of the Accounts Payable Master Card Reconciliation for October 22, 1985. The motion was seconded by Don Buick, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable for October 22, 1985. The motion was seconded by Don Buick, and was unanimously carried. Steve Miller moved approval of the payment of $4,000 to Ted Martin, based on the direction given to Council that afternoon by the Town Manager, who recommended paying it out of the 1985 budget. The motion was seconded by A.J. Wells, and was carried with Al Connell and Don Buick opposing. The motion carried by a 3 to 2 vote. Mr. Connell and Mr. Buick felt that Mr. Martin should request a loan from the bank for such funds. -10- The minutes of the October 8, presented to the Council. October 8th meeting minutes paragraph, 8th line, change "L that correction, Don Buick unanimously. 9 1985, Council meeting were next Steve Miller moved approval of the with a correction on Page 7, 4th Ot 45 & 45" to "Lot 45 & 46". With seconded the motion and it carried There being no further business to come before the Council, A.J. Wells moved to adjourn. The motion was seconded by Al Connell. The Mayor Pro Tem adjourned the meeting at 12:18 a.m. -11- APPROVED: