TC Minutes 12-08-1992r 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER 8, 1992 - 7:30 P.M.
The regular meeting of the Avon 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 Albert Reynolds at
7:30p.m. A roll call was taken with Councilors Jerry Davis, Jack
Fawcett, John Hazard, Torn Hines, Celeste Nottingham, and Jim Roof
present. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Municipal Services Larry Brooks, Director
of Engineering Norm Wood, Director of Community Development Rick
Pylman, Planner Tom Allender, Police Chief Art Dalton, Lieutenant
Gary Thomas; Fire Chief Charlie Moore, Recreation Superintendent
Meryl Jacobs, Town Clerk Patty Neyhart, as well as members of the
press and public.
With no one wishing to speak under Citizen Input, the Mayor called
for the first item on the Agenda.
Second Reading of Ordinance No. 92-20, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON RELATING TO OFFENSES AGAINST PUBLIC DECENCY; AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
Town Clerk Patty Neyhart informed House Bill 90-1083 made some
changes to the State Liquor- Code. This Ordinance brings the Avon
Municipal Code into conformance with those changes. No changes
have been made to the Ordinance since first reading.
Mayor Reynolds opened the meeting for a public hearing. With no
one wishing to be hear, the-Mayor closed the public hearing.
Councilor Hazard questioned offenses against public decency. Town
Clerk responded that even though this Ordinance deals with hours
of sales of liquor, this particular regulation is found in the
Municipal Code under offenses against public decency.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Hines motioned-to adopt Ordinance No. 92-20, Series of
1992 on second reading. Councilor Hazard seconded the motion.
With no further discussion, Mayor Reynolds entertained a roll
call. Those councilors voting aye were Jerry Davis, Jack Fawcett,
John Hazard,Tom Hines, Celeste Nottingham, and Jim'Roof., Motion
carried unanimously.
Resolution No. 92-42, Series of 1992, A RESOLUTION MAKING A
SUPPLEMENTAL APPROPRIATION'FOR THE YEAR-ENDING DECEMBER 31, 1992.
Mr. Bill James informed this Resolution is in response to
Amendment 1. Reserves of $1,151,079 are being appropriated for
year ending December 31, 1992. Additional language i.s included in
the Resolution to cover an adjustment of that figure, possibly in
March, after the audit is completed.
Councilor Fawcett motioned to adopt-Resolution No. 92-42, Series
of 1992. 'Councilor Nottingham seconded the motion and the motion
carried unanimously.
Resolution No. 92-43, Series of 1992, A RESOLUTION CANCELLING A
REGULAR TOWN COUNCIL MEETING.
Mayor Reynolds questioned date of meeting to be cancelled. Mr.-
James responded December 22,'1992.
Councilor Nottingham motioned to approve Resolution No. 92-43,
Series of 1992. Councilor Hazard seconded the motion and the
motion carried unanimously.
Next was Unfinished-Business regarding an abandoned building on
Lot 41, Block 4, Wildridge Subdivision.
Mr. Rick Pylman presented pictures, to Council, of the house to
be discussed.,- Mr. Pylman detailed the sequence of events from
June'14, 1990 to present (see Attachment A). With the deadline
date of December 15, 1992 approaching, Mr. Pylman requested
direction from Council.
Mr. Pylman informed the section of the Municipal Code that deals
with abandoned buildings does allow the Town to take any
enforcement proceedings for abatement of the public nuisance.
Enforcement could consist of tearing the building down. Mr:
Pylman suggested two choices; more forward or extend the deadline.
Mr. Pylman added the Building Official has inspected.the building
and found that the majority, of wood. is- sound enough. fore
construction to continue. During the building permit time, every
60 days the building must see a 10% completion of the project.
Council discussed tearing down and/or,boarding up the building and
placing a lien on the property to cover those costs. Council
directed Mr. Pylman to instruct Mr. Terence Allen that the
premise,is to be.boarded up/secured:by,-Januar-y 1; 1993 to
Council's satisfaction or the Town will tear it down. 'If'it`"is
boarded up by'January 1, 1993 the building permit will be_'issued
with completion date of August 1, 1993. Construction is to begin
no later than May 1, 1993 or it is torn down.
Next was New Business regarding an appeal of the Planning and
Zoning Commission decision of November 3, 1992 for a Special
Review Use, Lot 4, Block 1, Benchmark at Beaver Creek.
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Mr. Pylman informed that Louis Medeiro and Dan Newell have
proposed a four bay car wash and a two bay automobile lubrication
shop on Lot 4, Block 1, at Beaver Creek Subdivision. This lot is
3 lots west of Coastal Mart (Coastal Mart being on Lot 1). These
lots are all zoned neighborhood commercial with allowable uses of
retail stores, professional offices, car wash, restaurants,
accessory apartments and church. Special Review Uses allowed on
these lots are automobile service station and automobile repair.
A gas station or automobile repair needs to go through the special
review use process before they can be located in a neighborhood
commercial zone. Staff classified the lube shop as automobile
repair.
Mr. Pylman stated the Planning and Zoning commission approved the
Special Review Use request for the lube shop. One of the
neighbors of the property has requested an appeal of this
decision. Council's decision tonight would be to either approve /
uphold the Planning and Zoning decision or deny / overturn that
decision.
The Planning and Zoning Commission considered three criteria to
judge a special review use by: whether the-,proposed use otherwise
complies with all requirements imposed by the zoning code;-whether
the proposed use is in conformance with the Town Comprehensive
Plan; and whether the proposed use is compatible with,adjacent
uses. Such compatibility may be expressed=in appearance,,
architectural scale and features; site design and the"control of
any adverse impacts including noise, dust, odor, lighting,
traffic, safety, etc.
Staff comments were that the proposed use appears in compliance-'
with all requirements imposed bythe'Avon Zoning Code. 'Staff felt
usewas in general conformance with the goals and objectives of
the comprehensive plan and also with the sub-area recommendations.
Staff considered the third criteria as the most difficult aspect
of this application. Use itself is being reviewed and its
associated impacts, not the specific design of this building;
desigh,considerations must be addressed in a design review
procedure. Staff felt this to be a good site for automobile
repair for accessibility, traffic and safety. Some concerns of
location near Buck Creek, however understanding operations; no
gasoline, no underground storage tanks, only oil in oil tanks in
basement, met Staff's environmental concerns.
Staff's recommendation for approval included four conditions: (1)
that the Planning and Zoning Commission- ensure that potential
negative impacts to the residential property to the west are
addressed during the design review process. Factors critical to
review include the specific lighting plan, building architecture,
landscape buffers and site planning. (2) the catch basin design
must ensure that any site runoff is filtered and all oil and
gasoline are removed prior to discharge. (3) bulk oil storage
will be limited to exposed tanks in the building basement. No
underground tanks will be allowed. (4) the lubrication facility
will utilize no more than two bays within the proposed building.
The-Planning and Zoning Commission's decision of approval included
a fifth condition; (5) that the lube hours be limited to 8am-6pm.
Councilman Hazard expressed concerns of increased traffic on
Nottingham Road. Mr. Pylman responded that this use would not
generate any more traffic than a use that is already allowed by
zoning, such as a liquor store or video shop or restaurant.
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Councilman Hines questioned ingress and egress to the proximity of
the curve on Nottingham Road. Mr. Pylman answered that Town
Engineer Norm Wood reviewed the site plan and had no comments or
concerns of the ingress and egress. Mr. Pylman reminded that the
site plan is not being addressed at this time; only use.
Councilor Roof questioned open space between site and Buck Creek.
Mr. Pylman responded distance is 601. Councilor Roof questioned
conditions to keep this lube shop from becoming a full scale
repair shop. Mr. Pylman stated a condition includes a two bay
lube shop.
Councilor Nottingham questioned automobile repair shop versus lube
shop. Mr. Pylman related this questioned to Councilor Roof's
prior question; a condition includes a two bay lube shop limiting
this particular site.
Councilor Fawcett questioned zoning of this lot prior to
construction of River Rock Townhouses. Mr. Pylman informed that
prior to construction of River Rock Townhouses, the lots were -
zoned residential high density commercial; allowing gasoline and
repair shops by-right. The Comprehensive Plan of 1990 down'zoned
these lots making gasoline and repair shops discretionary uses.
Councilor Davis expressed concern of the-.neighbors,.however a gas
station has been zoned there a long time. "Councilor Davis voiced
support for a two bay lube shop in this location.
Mayor Reynolds opened the meeting for a public hearing.
Mr. Pat Jackson questioned number of special uses to'approve;
each lot may request a special use; is this one setting-'a
precedent. Councilor Hines stated each lot is still on a case by
case basis. Councilor'Davis'added that each-lot, under this
zoning, has the right'to ask for a special review use-.with regards
to automobile service station, automobile repair or above ground
public utility installations and no other special review uses.
Mr. Jackson questioned if there will end up being alot of special
uses in that area. Councilor Roof responded gas stations could
possibly end up all the way through there; not likely, but
possible.
Mrs. Clement, neighbor right next door, commented the car wash is
24 hours and Colorado Mountain Express will be washing their
vehicles at all hours. Mrs. Clement added the car wash will be
noisy and require alot of lighting. Councilor Hines recognized
the concern of the car wash and added the car wash is a use by
right and not to be considered as a special review use.
Mayor Reynolds questioned buffer
Mr. Pylman-answered the buffer
something to be addressed at the
between property and neighbors.
is very limited, a concern, and
design review process.
Town Attorney John Dunn interjected that a decision does not have
to be reached this evening. The Ordinance provides that not more
than 30 days following the filing of the appeal, the Town Council
shall review the action of the Planning and Zoning Commission.
The Town Council shall, in writing, confirm, modify, or reverse
the decision of the Commission within 30 days following the
commencement of review. Attorney Dunn added that a meeting would
need to be scheduled prior to the next regularly scheduled Council
meeting to specifically address this appeal.
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Councilor Nottingham motioned to uphold the Town of Avon Planning
and Zoning Commission Special Review Use, Lot 4, Block 1,
Benchmark at Beaver Creek decision of November 3, 1992. Councilor
Davis seconded the motion.
Mayor Davis noted that if Council upholds this decision, the
applicant still must go through the design review process, with
public input.
The motion carried with Councilors Hazard and Roof opposing.
Next under New Business was the Avon/Beaver Creek Resort
Association 1993 Agreement.
Mr. James informed the agreement has bees
are for special events and operating the
James questioned who will be responsible
bleachers; the Town or Avon/Beaver Creek
James introduced Mr. Don Orrell with the
Association.
z updated. Contributions
visitor center. Mr.
for payment of the
Resort Association. Mr.
Avon/Beaver Creek Resort
Councilor Hazard remembered that the Town was to pay for the
bleachers. Councilor Hazard suggested reviewing the past tapes.
Mr. James responded the Town Clerk has reviewed the tapes and it
was unclear as to who would pay for the bleachers.
Mr. Orrell understood that the Town would cover the cost of the
Bleachers; ABCRA's budget does not include the cost of the
bleachers.
Councilor Davis questioned sponsorships to cover the bleachers.
Mr. Orrell responded sponsorships paid for airline tickets as
ABCRA could not get complimentary airline tickets from the
airlines. Airline tickets are included in the cooperative
agreement to bring the event to Avon. Councilor Davis suggested
that if ABCRA is able to secure more sponsorships the extra money
could go to offset the cost of the bleachers: Mr. Orrell agreed.
Mr. Orrell noted the cost to bring the event to Avon is in excess
of $100,000, of which the Town of Avon is committing $10,000;
$4,000 cash, plus $6,000 for the bleachers. The men's team will
return to Avon in 1993.
Councilor Davis suggested the Town will pay for the bleachers,
with the understanding that if ABCRA sells more than $4,000 in
sponsorships, or whatever the net turns out to be, that extra
money will be applied to the bleacher cost, as the long term goal
is for this event to be a self sustaining event.
Councilor Hines questioned Mayor's Cup. Mr. Orrell responded
this event will be a fun, family ski day for Town of Avon
employees. ABCRA will pay for lift tickets, barbecue, tents,
musical entertainment, and obstacle races. March 28th is
scheduled for the Mayor's Cup. The Avon Town Championships are
for the business community and is listed as an additional event
not funded by the Town of Avon.
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Councilor Davis motioned to approve the agreement with the
addition of the Town paying for the bleachers with any offsetting
net proceeds going back to the Town to pay for the bleachers and,'
in the future if that is the case then the ABCRA would pick up the
cost of the bleachers. Councilor Hines seconded the motion and
the motion carried unanimously.
Next under New Business was Change Order #4 and Change Order #5
for B & B and SaBell's.
Mr. Norm Wood informed Change Order #4 to both B & B and SaBell's
relates to adjustment quantities. Change Order 04 for B & B'is an,
additional amount of $6,795.05 to a total of $690,299.55. Change,
Order #4 for SaBell's is a reduction of $1,713.34 to a total.of
$449,572.58.
Mr. Wood stated Change Order #5 does not change-the contract
amount but is proposed to extend the contract completion date from
November 30, 1992 to May 30, 1993 to allow completion under more
favorable weather conditions.
Mr. Wood recommends approval of both Change Orders to B & B and
SaBell's.
Councilor Nottingham mentioned one of the newly planted trees-is
blocking the sign of the Benchmark Plaza building. Mr. Wood
responded a price would need-to be negotiated to remove the tree-
and-place elsewhere as.the tree was-,placed in the appropriate
place according to plan.,
Councilor Hines noted six benches have been deleted. Mr. Wood
responded the bid quantity was for more than the plans called-for.
Mr.' Wood added some item quantities were short and had'to be
increase to match the plan.
Councilor Hazard questioned completion of entrance-sign and
commented it is very difficult to .view at. night. Mr-. Wood
answered that the lights may need to be redirected.
Councilor Hines moved to approve Change Order #4 to B & B
Excavating to increase by $6,795.05 and moved to.approve Change
Order #4 to SaBell's to decrease the contract amount to $1,713.34.
Council Hines moved to approve Change Order #5 to B & B and Change
Order #5 to SaBell's.
Councilor Hazard seconded both motions. Both motions carried
unanimously.
Amendment Two Discussion was inserted under New Business.
Councilor Davis motioned to adopt Resolution No. 92-44, A
RESOLUTION REAFFIRMING THE AVON COUNCIL-IS BELIEF IN EQUALITY-FOR
ALL INDIVIDUALS AND EXPRESSING ITS OPPOSITION TO THE 1992
AMENDMENT TWO OF THE COLORADO STATE CONSTITUTION.
Councilor Hazard seconded the motion and the motion carried
unanimously.
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Next on the Agenda was the Mayor Report.
Mayor Reynolds mentioned Mr. Bill Brice who is organizing the
Special Olympics held in Copper Mountain (skiing).and Vail
(skating) February 28-March 2, 1993. Mr. Brice is seeking
volunteers.
Next was Other Business.
CAST meeting is schedule at 8:30am, at the Antlers Thursday,
December 10, 1992.
Mr. Pylman introduced Mr. Tom Allender, the Town of Avon's new
Planner.-
The Financial Matters'were next presented to'Council.
Councilor Hines moved to receive items #1 thru #12.and approve
items 013 thru #21. The motion was seconded by Councilor Hazard
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the November 24, 1992 Regular
Council Meeting minute's as presented. The motion was seconded,by
Councilor Roof and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Roof moved to
adjourn. The motion was seconded by Councilor Hines. The meeting
was adjourned by Mayor Reynolds;at 9:37pm:.
RESPECTFULLY SUBMITTED:
Patty Ne hart, Town Clerk
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ATTACHMENT A
MEMORANDUM
TO: William D. James, Town Manager
FROM: Rick Pylman, Director of Community Development
DATE: December 4, 1992
RE: Abandoned Building, on Lot 41, Block 4,
Wildridge Subdivision
RECOMMENDED ACTION:
Give Staff direction as to how to proceed with
abandonded building.
The following' chronology details the sequence of events
regarding the abandoned building on Lot 41, Block 4,
Wildridge Subdivision.
June 14, 1990 The Town of Avon issued Building
Permit #90-1-1267 to Terence Allen,
allowing construction of a'single
family home on Lot 4, Block 4,
Wildridge Subdivision: A condition
of permit issuance states that the
building must be completed by the
end of 1991.
March 16, 1992 Town of Avon sands letter to Mr.
Allen expressing concern with lack
of progress. The building permit
was declared expired and a time
frame for completion was requested.
June 10, 1992
Town of Avon issues notice of
abandonment.
June 23, 1992 Town of Avon receives a letter from
Terence Allen. He requests
renewal of his building permit and
a two year time period to complete
the building.
The Avon Town Council reviewed Mr.
Allen's request that evening and
determined not to re-issue a permit
until more complete information on
building completion dates was -
submitted. Two year time frame was
not acceptable by the Council.
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December 4, 1992
MEMO
William D. James
Lot 41, Block 4,
Page 2
Wildridge Subdivision
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June 26, 1992 Town of Avon sends Mr. Allen a
letter requesting specific
information regarding building
completion dates and informing
him that two years is not an
acceptable time frame.
August 10, 1992 Town of Avon receives letter
via facsimile from Mr. Allen.
Letter commits to completion of
exterior of building by December
15, 1992 and completion of interior
through the winter of,92-93.
August 11, 19912 Town Council grants Mr. Allen are
extension of abandonment status,
giving Mr. Allen until December 15,
1992 to enclose building and until
August 1993 to receive,final
Certificate of Occupancy.
August 12, 1992 Town of Avon contacts Mr. Allen by
telephone and advises him of Council
position. Mr. Allen was told to
contact the Building Department of
the Town of Avon to handle building
permit issuance.
November 6, 1992 Town of Avon sends letter to Mr.
Allen reminding him of December 15,
deadline.
November 30, 1992 Town of Avon receives a Building
Permit application from Mr. Allen,
to allow completion of the
residence. Mr. Allen states home
will be completed by August 30,
1993. No mention on building permit
of December 15, 1992 deadline.
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