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TC Minutes 02-11-1986• 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD FEBRUARY 11, 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 roll call was taken with Clint Watkins, Davis, A.J. Wells, Al Connell, and Don present were Town Manager Bill James, Town Director of Engineering/Community Develop members of the press and public. order at 7:39 p.m. A Steve Miller, Sheila Buick present. Also Attorney John Dunn, vent Norm Wood, and The Mayor called for Citizen Input. There being no one to be heard, the Mayor closed the discussion. First reading of ordinance No. 86-4, Series of 1986, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO FRACTIONALIZATION TO PROVIDE FOR FRACTIONALIZATION OF DEVELOPMENT RIGHTS RELATING TO EXISTING-BUILDINGS. Mr: James stated that,- some time ago, Council addressed the issue of how the Fractionalization Ordinance could be applied to Falcon Pointe, and-other projects that may be referred to, that wanted to remodel to provide more units through fractionalization, even though a Certificate of Occupancy had already been issued. He stated that this ordinance would provide some guidelines for fractionalizing existing buildings within the current Fractionali- zation Ordinance. After Mr. James reviewed the ordinance, Council had some concern with paragraph B of section 2, which read, "All of the development rights assigned to that lot are fractionalized." Discussion followed. It was stated that, if a project with two buildings fractionalized one building, then wanted to to fractionalize the second building two years later because they found it worked better that way, paragraph B would not allow them to do that. It was suggested that paragraph B be removed, due to the fact that an existing building could only be fractionalized through Special Review Use. Further discussion followed. It was suggested that the ordinance be referred to the Planning and Zoning Commission with an explanation as to why Council felt paragraph B should be deleted. -1- • • Councilman Wells stated it was for the simple reason that certain projects do not need to fractionalize all development rights. On the other hand, he stated that projects may or may not need the majority for fractionalization approval. Council felt that, if paragraph B was deleted, approval would rely on Special Review Use approval. After some discussion, Councilman Wells moved approval of Ordinance No. 86-4, Series of 1986, on first reading, provided that paragraph B, on page 2, be deleted, that paragraph C becomes B, and that D becomes C. Councilman Connell seconded the motion. There being no further discussion, the Mayor called for a roll call vote. Council members Steve Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voted "aye". Councilman Clint Watkins voted "nay". The motion carried by a 5 to 1 vote. First reading of Ordinance No. 86-5, Series of 1986, AN ORDINANCE AMENDING SECTION 15.04.800 AND CHAPTER 15.08 OF THE AVON MUNICIPAL CODE AND PROVIDING-FOR-THE-PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REGULATING' FEES AND THE ERECTION, CONSTRUCTION, ENLARGEMENT; ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE TOWN OF AVON, COLORADO; ADOPTING BY REFERENCE THE 1985 EDITION OF THE "UNIFORM BUILDING CODE" AND THE 1985 EDITION OF THE "UNIFORM BUILDING CODE STANDARDS"; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Norm Wood approached the Council. He stated that Ordinances 86-5, 86-6, 86-7, and 86-8, Series of 1986, were all directly related to updating the Building Codes to the 1985 Editions. Ordinance 86-5 adopts the 1985 "Uniform Building Code", Ordinance 86-6 adopts the 1985 "Uniform Mechanical Code", Ordinance 86-7 adopts the 1985 "Uniform Plumbing Code, and Ordinance 86-8 adopts the 1984 edition of the "National Electrical Code". {-The "National Electrical Code" is on a different year basis than the rest.) Mr. Wood stated that the changes in all these ordinances were changes to section or reference numbers, or to delete sections now covered by the Codes that previously were not. Fee schedules were also updated to reflect the new Codes. He stated that the Electrical Fee Schedule was taken from State recommendations. Mr. Wood stated that the Fire Code was in draft form, for review, and should be before Council at the next meeting. At this point, Councilman Miller moved approval of Ordinance No. 86-5, Series of 1986, on first reading. Councilwoman Davis seconded the motion. There being no further discussion, the Mayor called for a roll call vote. Those Council members voting "aye" were Clint Watkins, Steve Miller, A.J. Wells, Sheila Davis, Don Buick, and Al Connell. There were no "nay" votes. The motion carried unanimously. -2- First reading of Ordinance No. 86-6, Series of 1986, AN ORDINANCE AMENDING SECTION 15.04.820 AND SECTION 15.24.010 OF THE AVON MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REGULATING FEES AND THE INSTALLATION AND MAINTENANCE OF HEATING, VENTILATING, COMFORT -OOOLING AND REFRIGERATION SYSTEMS IN'THE TOWN OF AVON, COLORADO, FOR THE PURPOSE OF PROVIDING A UNIFORM MECHANICAL CODE CONSISTENT WITH AND GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE TOWN; DEFINING CERTAIN TERMS; ESTABLISHING-MINIMUM-REGULATIONS; ADOPTING BY'REFERENCE THE 1985 EDITION OF THE "UNIFORM MECHANICAL CODE"; AND PROVIDING PENALTIES~FOR THE VIOLATION THEREOF. Councilman Miller moved approval of Ordinance No. 86-6, Series of 1986, on first reading. Councilman Connell seconded the motion. There being no further discussion, the Mayor called for a roll call vote. Council members Steve Miller, Clint Watkins, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voted "aye". There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 86-7, Series of 1986, AN ORDINANCE AMENDING SECTION 15.04.830 AND SECTION 15.20.010 OF THE AVON MUNICIPAL CODE -AND, PROVIDING FOR THE PROTECTION OF THE PUBLIC SAFETY; REGULATING FEES AND-THE INSTALLATION, ALTERATION, REPAIR, AND MAINTENANCE OF PLUMBING AND DRAINAGE SYSTEMS AND THE INSPECTION 'THEREOF'IN THE TOWN OF AVON, COLORADO, FOR THE PURPOSE OF, PROVIDING A PLUMBING CODE CONSISTENT WITH AND GENERALLY CONFORMING 'TO SIMILAR REGULATIONS THROUGHOUT THE TOWN; DEFINING CERTAIN TERMS; ESTABLISHING MINIMUM REGULATIONS; ADOPTING BY REFERENCE THE 1985 EDITION OF THE "UNIFORM PLUMBING CODE"; AND PROVIDNG PENALTIES FOR THE VIOLATION THEREOF. Councilman Miller moved approval-of Ordinance No. 86-7, Series of 1986, on first reading. Councilman Connell seconded the motion. There being no further discussion, the Mayor called for a roll call vote. Council members Sheila Davis, Clint Watkins, A.J. Wells, Don Buick, Al Connell, and Steve Miller voted "aye". There were no "nay" votes. The motion carried unanimously. First reading of Ordinance No. 86-8, Series of 1986, AN ORDINANCE AMENDING SECTION 15.04.810 AND SECTION 15.12.010 OF THE AVON MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REGULATING FEES AND REGULATING THE INSTALLATION, ALTERATION, REPAIR; AND MAINTENANCE OF ELECTRIC CONDUCTORS AND EQUIPMENT WITHIN OR ON PUBLIC AND PRIVATE BUILDINGS AND OTHER'PREMISES IN THE TOWN OF AVON; DEFINING CERTAIN TERMS; -3- ESTABLISHING FUNDAMENTAL SAFEGUARDS AND EXAMINATION OF EQUIPMENT FOR SAFETY; ADOPTING BY -REFERENCE THE 1984 EDITION OF THE "NATIONAL ELECTRICAL CODE"; AND PROVIDNG PENALTIES FOR THE VIOLATION THEREOF. Councilwoman Davis moved approval of Ordinance No. 86-8, Series of 1986, on first reading. Councilman Miller seconded the motion. As there was no further discussion, the Mayor called for a roll call vote. Council members Clint Watkins, Steve Miller, A.J. Wells, Sheila Davis, Al Connell, and Don Buick voted "aye". There were no "nay" votes. The motion carried unanimously. There being no Unfinished Business, New Business, or Town Attorney Reports, Mr. James proceeded with the Town Manager Reports. He reviewed the February 10, 1986, work shop meeting, with Ross Consulting, Inc., where Rick Pederson had presented Council with a work program schedule. Mr. Pederson presented a proposal whereby items #1, 2, and 3 on the Phase I sample work plan would cost between $5,000 and $7,000, and Phase II items #4, 5, and 6 would cost substantially more. Mr. Pederson stated that a price would have to be negotiated for items #4, 5, and 6 (consisting of site acquisition/control, a detailed market analysis, and a marketing program) if the Town was interested in continuing. Mr. James stated that, based on this, Council felt the Town should proceed, and a proposal should be sought from Ross Consulting, Inc., to be presented at the February 25, 1986, Council meeting. No action was taken. (See attached sample Workplan, submitted by Ross Consulting, Inc.) Mr. James updated Council on meetings he has had with developers. He stated he met with both Landmark Hotel Corporation and Peregrine Properties. Peregrine currently appeared to be in the same position they were in before. The project is basically "status quo" until there is an opportunity to discuss other options. Landmark Hotel Corporation is still proceeding, and they are still anticipating being able to use Industrial Development Bonds. They feel this is a critical aspect of their project. Mr. James stated there had been discussions on the possibility of the Town putting its convention center on this site, and he had been asked about some of the Town's other alternatives. The Wynfield Inn was still moving ahead, and a May 1, 1986, starting date was anticipated. Resubdivision of Tracts Q and R, and Lot 20, Block 2, Benchmark at -4- • Beaver Creek (Cunningham Subdivision) was next presented to council for discussion. Norm wood stated that, in reviewing the Tracts Q and R subdivision with Jim Cunningham, there appeared to be concern over how to de- velop a method of assuring completion of improvements required in association with most subdivisions. The concerns were related to parking and site improvements required to meet zoning requirements for parking. Mr. Wood stated that attorney Art Abplanalp was working closely with attorney Steve Sutton on the matter. Mr. Wood felt the issue should be reviewed by Council to see if there were any particular problems regarding restrictions on the Plat and the time frames for completion. He stated he would like any feedback Council may have, prior to incorporating these items into the Subdivision Agreement that would be presented at a later date. The purpose of the proposed Subdivision Improvements Agreement was to obtain for the Town immediate access, across what is now Tract Q, to the lots to the east. This was in association with public improvements to Tract Q, and the resubdivision of Tracts Q and R into new lots. There was concern over item #3, found in a memorandum from Art Abplanalp dated February 6, 1986. It was suggested to change the word "division" to "separate conveyance", in the first line of item #3. Discussion followed. No action was taken. (See attached memorandum from Art Abplanalp, dated February 6, 1986.) Council recessed at 8:20 p.m., and reconvened at 8:26 p.m. The Financial Matters were next presented to Council. Councilman Buick moved to receive items #1 through #9. Councilman Connell seconded the motion, and it carried unanimously. Councilman Watkins moved approval of the General Fund Accounts Payable for February 11, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the Reconciliation Sheet of Accounts Payable for February 11, 1986. Councilman Watkins seconded the motion, and it carried unanimously. The minutes of the January 28, 1986, Council meeting were next presented to Council. Councilman Miller moved approval of the -5- 0 • January 28, 1986, Council meeting minutes, as presented. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Miller again spoke before the Council regarding his concern about a letter received relating to a particular business in Avon and its guest relations problem. He stated that this was the third time this matter has been mentioned. He stated that the Town Attorney had suggested that Council, as a group, could draft a letter to express its displeasure with the lack of concern this business has displayed for its guests. Discussion followed. The Council felt its hands were somewhat tied, as far as being able to do anything about the matter. It was suggested that the Homeowners Association and the owners of the Management Company be contacted. Mr. James stated he would copy the letters for the Western Vail Valley Chamber of Commerce Board of Directors meeting that was to be held February 13, 1986. He stated he would report back to Council at the next regular meeting. Mr. James stated he had been appointed to the Vail Institute Board of Directors. He would coordinate sponsorships, and Councilman Miller would assist. Mr. James had also been appointed to the Vail Symposium Board of Directors. Mr. James discussed the Mountain Man Triathlon. He stated he had been appointed as a Honorary Member of the Board of Directors. He would now have voting powers, would voice opinions and concerns, and would assist in the event as far as how it should be run. Mr. James discussed the Peregrine Project, with respect to whether or not the Town could assist the developers in proceeding with the project. He stated that, if the project does not continue on schedule, he did not know what tax impacts it might have on Avon. He asked Council to authorize an expenditure of $2,500 to allow him to work with Stan Bernstein to determine what these impacts might be. Councilman Miller moved to authorize an expenditure not to exceed $2,500. Councilman Wells seconded the motion. Discussion followed. -6- C~ Councilman Watkins thought th He stated that, according to asking for moral support. He Town to spend $2,500 to figure Councilman Wells felt the Town out what the Town could offer After further discussion, the The motion carried by a 4 to 2 E e banks were paying for this study. John Dunn, the developers were only felt it would be premature for the out what it may be able to offer. should spend the $2,500, to figure any project. Mayor called for a vote. vote. As there was no further business to come before the Council, Councilman Miller moved to adjourn. Councilwoman Davis seconded the motion. Mayor Nottingham adjourned the meeting at 8:55 p.m. fully Sub{nittod: -7- atricia J. a0vl&-; T erk APPROVED: 4.7 0 • LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS P. O. BOX 340 PETER COSGRIFF VAIL,COLORADO 81658 JOHN W. DUNN ARTHUR A. ABPLANALP. JR. 13031 476-7552 TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LESLIE J. RANNIGER To: Norm Wood, Avon Town Engineer From: Arthur A. Abplanalp, Jr. COSGRIFF, DUNN 6 BERRY P. O. BOX 11 LEADVILLE, COLORADO 80461 (303) 486-1885 Subject: Tracts Q and R Subdivision Improvements Agreement Date: 6 February 1986 The purpose of this memorandum is to memorialize, for the consideration and review of the Town Council and Planning Commission, the proposal which is presently under consideration for a subdivision improvements agreement affecting Tracts Q and R, and to an extent Lot 20, Block 2, of the Town of Avon. The purpose of the proposed subdivision improvements agreement is to obtain for the Town of Avon, immediately, access across what is now Tract Q to the lots to the east, in association with public improvements to Tract Q and the resubdivision of Tracts Q and R into new lots. The difficulty which we have encountered has been the fact that there is no certainty on the part of owner of the land in question that the property will be divided by sale and that the improvements will be in place within the immediate future. As a result of these considerations, we have determined, among ourselves, that the following is the most practical option: 1. The access easement will be made available to the Town immediately, in accordance with the most recent proposal. 2. The owner of Tracts Q and R will commit to install the improvements within five years. 3. There will be no division of Tracts Q and R until either the improvements are installed or a bond acceptable to the Town is posted, which restriction will be evidenced by both the agreement and a plat restriction. The plat restriction will have a life of twenty years, to provide the Town with some flexibility in enforcement. PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P.C.AND TIMOTHY H. BERRY, P.C.IN LEADVILLE, DUNN 6 ABPLANALP, P. C. IN VAIL. Norm Wood 6 February 1986 Page 2 0 4. In the event the improvements are not installed within five years, the Town will have the right but not the obligation to recover costs against the owner of Tracts Q and R enter the property and construct the proposed improvements. 5. The amount of any security posted in order to permit division and sale of the divided property shall be in an amount determined by firm bids acceptable to the Town, rather than engineer's estimates which might now be available. 6. The owner of Lot 20 will convey to the Town the southern corner of that lot and will participate in the dedication of a portion of a new street between Lot 20 and present Tract Q. 7. The new plat, substantially in the form presently under consideration, will be filed immediately. It is my understanding that you will be reviewing this proposal with the Council and possibly the Planning Commission within the near future. We shall look forward to learning their comments, and whether we are.to proceed with the necessary revisions of the most recent draft of the subdivision improvements agreement. xc: Mr. Steve Sutton SAMPLE WORKPLAN Avon, Colorado I. Market Reconnaissance • Demand estimation trade area definition (Vail Valley) population growth/household formation , incomes employment growth retail sales by trade classification • Supply estimation current retail product supply by type, location, merchandise sold under construction or proposed retail product • Private discussions with targeted retailers/developers to ascertain: general location requirements (trade area, population, disposable income, competition) specific thoughts regarding Avon (areas of special concerns) II. Fatal Flaws Physical Site Analysis • Parcel size requirements • Zoning • Access, ingress/egress influences - • Visibility, utilities available III. Project Feasibility Session • Define preliminary market threshold for retail: amount, type of merchandise product type, size likely maximums for ground cost, lease rates • Location timing/phasing • Review available sites within and outside of Avon; land costs, infrastructure costs 0 i • City definition of benefits, resource parameters: cash availability (land buydown, land development) infrastructure assistance (utilities, zoning, parking, access) debt/financing helps (public or private) equity participation interest/limits • "No Go" decision or "Go" strategy IV. Site Acquisition/Control • Negotiation with landowners V. Detailed Market Analysis • Thorough objective estimates of demand, supply, project viability • Direct contact with targeted retailers to confirm assump- tions VI. Marketing Program 4? Request for proposal process to pre-screened developers