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TC Minutes 01-14-1986• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JANUARY 14, 1986 - 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. Mayor Allan Nottingham called the meeting to order at 7:48 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 Manager Bill James; Leslie Ranniger, representing Town Attorney John Dunn; Director of Engineering/Community Development Norm Wood; and members of the press and public. The mayor called for Citizen Input. As there was no one to be heard, the Mayor closed the discussion. Councilman Buick stated he had received a post card from the hockey team, thanking the Council again for the donation. First reading of Ordinance No. 85-31, Series of 1985, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE FOR A CAPITAL'IMPROVEMENT FEE; PROVIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE CAPITAL IMPROVEMENT FEE REMAINS UNPAID; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING ADDITIONAL DETAILS IN RELATION THERETO. Councilman -1 1985, on fii Davis. The The Town r definitions "Fractional: sections ii there is al: James state( stated that whereas bef( There being call vote. Al Connell, iller moved approval of Ordinance No. 85-31, Series of st reading. The motion was seconded by Councilwoman mayor then offered the ordinance for discussion. anager stated there were concerns regarding the of "Residential Unit", "Accommodation Unit", and zation". He stated that the changes indicate specific the Code that define those three terms. He stated o a reference to the definition of "Kitchen". Mr. that another concern was the imposition of fees. He they made the Industrial/Commercial uses separate, re, they had been under one section. no further discussion, the Mayor called for a roll Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, and Don Buick voted "aye". There were no "nay" votes. -1- The motion carried unanimously. First reading of Ordinance No. 86-1, Series of 1986, AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF CHAPTER 10.13, PARKING PRIVILEGES FOR THE HANDICAPPED. Mr. James stated this ordinance was recommended by municipal Court Judge Buck Allen. Mr. James recommended that Council review the ordinance, and then refer it the the Planning and Zoning Commission for their recommendations. Councilwoman Davis moved approval of Ordinance No. 86-1, Series of 1986, on first reading. Councilman Miller seconded the motion. The Mayor then called for discussion. It was stated that Judge Allen felt it was a good idea to have the ordinance on the books, so he could enforce it if need be. Council requested that Judge Allen be present at the next regular meeting to discuss the ordinance. Councilmembers voting "aye" were Clint Watkins, Steve Miller, A.J. Wells, Sheila Davis, and Don Buick. Councilman Connell voted "nay". The motion carried by a 5 to 1 vote. First reading of Ordinance No. 86-2, Series of 1986, AN ORDINANCE AMENDING THE REVENUE AND FINANCE CODE OF THE TOWN OF AVON AS IT PERTAINS TO THE EXEMPTION TO SALES TAX, COLLECTION OF SALES TAX, AND APPEALS OF FINAL DECISIONS. Mr. James stated that, last year, the legislature enacted House Bill 1007, dealing specifically with sales tax. He stated they tried to come up with a basis for simplifying sales tax as much as possible. Sales tax forms are now standardized, to be consistent with the State of Colorado's. They have done some things regarding appeal procedures, also. Mr. James stated this ordinance would bring the Town's local ordinance in line with what the State has recommended. The State's actions apply to all municipalities, including home rule municipalities such as the Town of Avon. Council requested that the attorney check and review the wording in Section 1-G, and report back at the next regular meeting. Councilman Watkins moved approval of ordinance No. 86-2, Series of 1986, on first reading. Councilman Miller seconded the motion. Council members voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 86-3, Series of 1986, AN ORDINANCE REPEALING THE SIGN CODE FOR THE TOWN OF AVON; REENACTING A SIGN -2- • • CODE FOR THE TOWN OF AVON; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING A SIGN CODE ADMINISTRATOR; ESTABLISHING A PERMIT SYSTEM;-PROVIDING PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. Norm wood stated they had tried to expand the definition section. The exempted sign section has been expanded to particularly address existing signs in newly annexed areas; a Sign Code Administrator, to be appointed by the Town Manager from Town staff, has been established; a new section was added, to establish some general design criteria other than size; a section to establish general criteria for use in the review of proposed signs was added; and a section on Sign Allowances has been modified to address the difference in signage requirements for vehicular and pedestrian oriented areas. The proposed ordinance also includes criteria and required findings for the granting of variances from the Sign Code. Mr. Wood recommended that Council pass the ordinance on first reading, then entertain the possibility of scheduling a work session for a detailed review prior to final adoption of the ordinance. Councilwoman Davis moved approval of Ordinance No. 86-3, Series of 1986, on first reading. Councilman Miller seconded the motion. Council members voting "aye" were Steve Miller, Clint Watkins, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. It was agreed to review the ordinance, in detail, at the next regular work session. It was requested that Mr. James summarize the major issues of the Sign Code ordinance, so Council would not have to go into great detail and discussion. Resolution No. 86-1, Series of 1986, A RESOLUTION ADOPTING DEVELOPMENT GOALS, POLICIES, AND PROGRAMS FOR THE TOWN OF AVON, COLORADO, AS A SUPPLEMENT TO, AND FOR USE IN CONJUNCTION WITH, THE MASTER PLAN FOR THE TOWN OF AVON. Mr. James stated that, at the last meeting, as part of the Master Plan Document, Council received the Development Plan narrative and the Goals, Policies, and Programs. At that time, Council had concerns with the way the resolution was written, particularly the Development Plan verbage. The resolution was sent to the Planning and Zoning Commission for elimination of its first part, and for adoption of the Goals, Policies, and Programs, only. Mr. James stated that the Planning and Zoning Commission has concurred with the new verbage, and have signed the new resolution. Councilman Wells moved approval of Resolution No. 86-1, Series of 1986, with a revision in the 6th paragraph, after the word "Programs", add "are those dated November 1, 1985". Councilwoman Davis seconded the motion. After some discussion, the motion -3- carried unanimously. Resolution No. 86-2, Series of 1986, A RESOLUTION IN REGARD TO COLLATERAL RELEASE FOR LOT 35, BLOCK 2, AND LOTS 64, 65, 66, AND 68, BLOCK 3, WILDRIDGE SUBDIVISION. Be it noted that Allan Nottingham and A.J. Wells stepped down due to conflict of interest. The Mayor Pro Tem proceeded. Norm Wood stated that, in accordance with the Wildridge Subdivision Improvements Agreement, dated July 10, 1979, certain lots were put up as collateral to assure completion of work on streets, roads, and public improvements. Mr. Wood stated that the last of the warranty work on Wildridge Road, east, has been completed, which completes all the Wildridge public improvement work. He stated that the resolution before Council would release the remaining collateral, which consists of Lot 35, Block 2, and Lots 64, 65, 66, and 68, Block 3, Wildridge Subdivision, and he recommended Council approval. Councilman Miller moved approval of Resolution No. 86-2, Series of 1986. Councilman Connell seconded the motion and it carried, with Allan Nottingham and A.J. Wells abstaining. Mayor Nottingham and Councilman Wells resumed their seats. Resolution No. 86-3, Series of 1986, A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR A REPLAT AND RESUBDIVISION OF LOTS 45 AND 46, BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK. Norm Wood stated that this request qualified as a Minor Subdivision Plat, and would not require the preliminary platting process or public hearing. He stated that the major change in the Plat was the swimming pool, which is currently constructed over the existing lot line. The Replat takes the lot line around the swimming pool and makes it a part of Lot 45, which will be part of the Falcon Pointe project. Mr. Wood stated that ingress and egress easements have been added. He recommended approval of the resolution, contingent upon the proper signatures and review by the Town Attorney. After some discussion, Councilwoman Davis moved approval of Resolution No. 86-3, Series of 1986. Councilman Miller seconded the motion, and it carried unanimously. Resolution No. 86-4, Series PRELIMINARY PLAT FOR THE FALCON RESUBDIVISION OF LOTS 45 AND 46, COUNTY, COLORADO, AND FINAL BENCHMARK AT BEAVER CREEK'. of 1986, A RESOLUTION APPROVING A POINTE LODGE, LOT 45, A REPLAT AND BLOCK 2; TOWN OF AVON, EAGLE SUBDIVISION, AMENDMENT NO. 4 - -4- Norm Wood stated this was a Preliminary Condominium Time-Share Plat for Falcon Pointe Lodge. He stated it showed the 60 units, as proposed under the fractionalization, to fit within the 30 Development Rights assigned to the property. The site plan shows that parking requirements have been met. The building design and the site plan have been through the Planning and Zoning Commission for design review, as had the previous ordinance regarding the SPA Zone District. Mr. Wood recommended Plat approval, subject to: 1. The Condominium Declarations, By-Laws, and Articles of Incorporation be submitted for Town Attorney review and approval, prior to submittal of the Final Plat; and 2. Review and approval of an appropriate Subdivision Agreement, prior to submittal of the Final Plat. Mr. Wood stated that the Subdivision Agreement would be submitted for review at the next regular meeting. Councilman Miller had concerns with the proposed plat, and felt he should step down because of a possible conflict of interest. Discussion followed. The Council felt that, if Councilman Miller was aware of Fire Code problems, he should bring them up and not step down. The areas of concern on the Preliminary Plat were in regard to Fire Code enforcement relating to exits. After discussion, it was agreed that passage of the resolution would approve the project in concept, only, and that concerns regarding Fire Code exit regulations would be taken care of through the Building and Plan Check process. Councilman Wells moved approval of Resolution No. 86-4, Series of 1986. Councilman Connell seconded the motion. The Mayor then opened the meeting for public hearing. As there was no one to be heard, the public hearing was closed. The Mayor called for a vote. The motion carried unanimously. Next on the agenda was Preliminary and Final Plat approval for Wynfield Subdivision, Lots 29, 30, 31, and 32, Block 2, Benchmark at Beaver Creek. The Mayor stated that the Town Attorney had recommended that the issue be continued to the next regular meeting. Councilman Wells so moved. Councilman Connell seconded the motion, and it carried unanimously. The Town Manager's reports were next on the agenda. The first item was the Building Board of Appeals. Mr. James stated that the Appeals Board was charged with determining the suitability of alternate building materials and methods of construction, and with providing a reasonable interpretation of the technical codes. He stated the previous Board last met in 1982, and now it appeared that the Town may have an appeal coming -5- • • shortly from the Lodge at Avon. Out of the original 8 members appointed by Council in 1982, only 4 are currently available. Mr. James recommended that: (1) the Town Clerk be instructed to advertise for applicants to fill the vacancies on the Building Board of Appeals, with terms to begin May 1, 1986; (2) the appointments be for 2 year terms (basically, to insure the Town has a Board); (3) the Board be required to meet at least once a year, and be required to recommend updates to the Uniform Codes; and (4) Dick Evans be appointed to serve until May 1, 1986, until the Town has time to make appointments in May. Mr. James also recommended that the existing members be reappointed to serve until May 1, 1986. After discussion, Councilman Buick moved to reappoint David Peel, Rick Larson, Bill Smith, and Bill Doyle to terms that expire May 1, 1986; to appoint Dick Evans to the Building Board of Appeals, with his term to expire May 1, 1986; to instruct the Town Clerk to advertise for applications to fill the vacancies on the Building Board of Appeals; to set the terms at 2 years; and to instruct the members of the Building Board of Appeals to look at updates to the Building Codes. Councilman Connell seconded the motion, and it carried unanimously. Mr. James reported on the Guidelines for Fractionalization of Existing Projects. This was basically referring to Falcon Pointe Lodge, which was converting from condominiums to time-share units. Mr. James stated that the Planning and Zoning Commission has reviewed this matter, and has offered a couple of suggestions. Norm Wood approached the Council. He reviewed the Planning and Zoning Commissions' two comments regarding the guidelines, which were: 1. Allow expansion of existing buildings, or construction of additional buildings on-site, to utilize excess Development Rights created by fractionalization; and 2. Delete references to issuance of Temporary Certificates of Occupancy. (This should be addressed on a case-by-case basis, and Certificates- issued in accordance with applicable building regulations.) Mr. Wood recommended that Council direct the Town's staff and attorney to prepare the ordinance and related documents required for adoption of the suggested guidelines. After discussion, Councilwoman Davis moved to instruct the Town Attorney to draft an ordinance to amend the Fractionalization Ordinance concerning existing projects, and to apply the guidelines as presented by Norm Wood. Councilman Buick seconded the motion, and it carried unanimously. -6- 0 0 Mr. James reported on the Haralson & Associates study. Several weeks ago, Council received a quote from this firm for a detailed study on whether the Town could do an Aquatics Center, what that facility should include, what the operating costs would be, and how much revenue might be generated from such a facility. Mr. James stated that the amount quoted for the study was $15,000, plus out-of-pocket expenses of $2,500. At the last meeting, it was requested that Haralson & Associates include a study on the proposed shopping center; Mr. James stated this amount totaled $25,000. Discussion followed. Councilman Wells moved approval of $15,000, plus expenses not to exceed $2,500, for a William L. Haralson & Associates study on the Event Center. Councilman Watkins seconded the motion. Discussion followed. It was suggested that both studies be proposed to Haralson & Associates, and that the Town Manager negotiate a fee for a possible second study. Councilman Wells included negotiation of a possible fee for a 'second study in his motion. Councilwoman Davis seconded the motion. Further discussion followed. Council was concerned about possibly limiting the Town Manager's negotiating powers; something they did not want to do. At this point, Councilman Wells withdrew his motion and Councilwoman Davis withdrew her second. Additional discussion followed. Councilwoman Davis moved to authorize the Town Manager to sign a contract with Haralson & Associates, in the amount of $15,000 plus expenses not to exceed $2,500, for an Events Center study, and to negotiate a firm price for a shopping center study. Councilman Miller seconded the motion, and it carried unanimously. Mr. James reviewed Capital Purchases with the Council. These were: 1. A Jeep Cherokee police car, State priced at $11,500. Mr. James stated the lease-purchase ordinance would be available as an agenda item for the next meeting. 2. A Xerox copier, for $10,600 over two years with no interest; 3. The front-end loader, currently being used to load cinders and for Wildridge snow removal; and 4. A pick-up truck, for $14,500. Less trade-in, the amount was $10,500. No action was taken. The next item discussed was a Budget work sheet. Mr. James stated there had been a couple of reductions in projected revenues. One -7- was the deletion of the increase in Accommodation Tax, and the second was not going with the full 1% in Real Estate Transfer Tax. It was suggested that boards and better lighting for the hockey rink be looked into, as well as making hot water available for the Zamboni. Mr. James stated he would come back to Council by the 4th quarter with that information, since the season is almost over. Mr. James reviewed the list of items on the budget sheet with the Council. It was requested that the agreement with the Water Authority be reviewed, to see if the Town is obligated to build on top of the Treatment Plant, and to see whose responsibility it would be to construct the Plant's roof. The Mayor stated that construction on top of the Plant should not be forgotten, because the Town needs a facility for recreational programs. Council felt the eight quarter budget was a good idea, and wanted it gone ahead with. No action was taken. The hiring of a consultant to update the Zoning Code was next discussed. Mr. James stated there is $25,000 included in the Planning budget for consulting services. He requested authorization to use $5,000 of this budget to have the Zoning Code updated. He felt there were several sections needing clarification, and felt some standards for sidewalks, streets, and curb & gutter should be established along with some design criteria. Mr. James stated that two proposals from local firms had been received, both at just under $5,000. The proposals were from Mark Donaldson and Mike Blair. He had also received one from Terrill Knight. Mr. James requested authorization to interview the three applicants and to hire one of them for work on the Zoning Code, not to exceed $5,000. Councilwoman Davis so moved. Councilman Miller seconded the motion, and it carried unanimously. Mr. James stated that staff was going to make a real effort to get the construction hole filled at Avon Center this spring. The date for the 1986 Town Cup has been set for March 22, 1986. The Financial Matters were next presented to the Council. Councilwoman Davis moved to receive items #1 through #16. Councilman Miller seconded the motion, and it carried unanimously. -8- 0 0 Councilman Miller moved approval of the General Fund Accounts Payable for January 14, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Transit Fund Accounts Payable for January 14, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet for the General Fund Accounts Payable for January 14, 1986. Councilwoman Davis seconded the motion, and it carried, with Councilman Watkins opposing because of the bill for prosecutor fees. Councilman Watkins moved approval of the Reconciliation Sheet for the Transit Fund Accounts Payable for January 14, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. The minutes of the December 10, 1985, Council meeting were next presented to the Council. Councilwoman Davis moved approval of the December 10th meeting minutes. Councilman Watkins seconded the motion, and it carried unanimously. Jim Lamont and Merv Lapin will be present at the next meeting with an update on the Hockey Team's trip. Councilman Miller referred to the letter, from Page Productions, in the FYI section of the Council's packets. He stated that the business referenced in the letter has been brought to his attention a number of times. He wanted to investigate what could be done, as a group, to exercise some control over guest's experiences in Avon. He suggested a questionaire that could be placed on the desks of guests checking out. He stated he would like to hear the Council's thoughts on this matter sometime in the not to distant future. -9- 0 0 There being no further business to come before the Council, Councilwoman Davis moved to adjourn. Councilman Watkins seconded the motion. Mayor Nottingham adjourned the meeting at 9:50 p.m. Respectfully Submitte . Patricia J oy e, Town Cler APPROVED: -10-