TC Minutes 05-28-19910 0
MINUTES OF THE REGULAR MEETING OF THE TOWN
COUNCIL HELD MAY 28, 1991 - 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 Jerry Davis at 7:31 p.m.
A roll call was taken with Mike Bennett, Gloria McRory and Jim
Stovall present. Councilmembers David Garton, Albert Reynolds and
Tom Ptach were absent. Also present were Town Attorney John Dunn,
Town Manager, Bill James, Director of Engineering Norm Wood, Director
of Municipal Services Larry Brooks, Sergeant Gary Thomas, Fire Chief
Charlie Moore, Director of Community Development Rick Pylman, Public
Relations Officer Teresa Albertson, Town Clerk Patricia J. Doyle,
as well as members of the press and public.
The Mayor called for Citizen Input.
Donna Nix requested that she be rescheduled for the June 11th Council
Meeting. The Council agreed.
Terry Halverson approached the~Coun&il. He stated that he had a couple
comments on the traffic in Avon, especially the speed limit on West
Beaver Creek Boulevard. He stated that there were places on West
Beaver Creek Boulevard that the speed limit was too slow. He stated
that some serious consideration should be taken to look at the speed
limit on the new detour.
The second comment was that some serious consideration should be taken
to elevate as many traffic problems as possible. Possibly have officers
at the intersection to direct traffic at those peak times. He felt
the people were not coming into Avon because of the detour. He stated
that anything that the Town could do to elevate those problems should
be taken.
Mr. James stated that he was not comfortable increasing the speed limit
on that road. There were sections of concern on the west side of the
boulevard.
Allan Nottingham, a resident of Avon, approached the Council. He was
opposed to any speed limit increase. He stated that there were children
living on that boulevard, bikers and joggers. He stated that this
detour was only temporary and that it should be left as is.
Tom Hines, resident of Avori'and living at 610 West Beaver Creek Boulevard,
approached the,Council. He,stated that if the speed limit were
increased to 35 mph, drivers would go 45 mph. He was in favor of keeping_
it'at 25 mph.
Gary Thomas stated that the officers do control the Boulevard. He
stated that if was 1ncreased,to_35..mph, there would be problems in the
winter due to the curve. He stated that the driver would only gain-
30 seconds driving that stretch if it were increased'to 35 mph. -
After some discussion,,-the,Council agreed to leave it as it was.
The next issue was",the,leash-law in Avon. There was,a letter, of concern
written to the Town Council from David:Yoder"regarding the leash
law of Avon.
Gary'Thomas stated that they had not seen any increase or decrease of the
-dog problem. He stated there was some abuse of the interpretation
of the ordinance of "what was voice control".
Councilman Bennett felt the residents should be notified of what the
law was for dogs in Avon.
Mayor Davis stated that the Town either hire a animal control officer
or, amend the Dog Ordinance.
The Council discussed the trapping of dogs.
Councilman Stovall suggested to have the ordinance placed back on the
agenda to re-address this issue.
The Council agreed.
The next issue was parking on Nottingham Road. The Council received
a'letter from Stephen Smith requesting that parking'be permitted on
Nottingham'Road.
The Council,disagreed, and stated that the community should be informed
of the on-street parking in Avon.
Richard "Crash" Craddock approached the Council. Mr. Craddock was
with Brittany Entertainment, Inc. He was proposing to bring entertainment
to the area, to have concerts throughout the summer months. He stated
that they would be responsible for all the funding. They would pay to
the-Town a percentage of profits, the management for the events would
fall under their responsibility to include insurance, and other
areas of security. The facility of-maintenance would fall'on their
responsibility for any damages-to the park, etc. He stated that
Personnel and staffing to run the events, hopefully would come from this
Market. It was stated that they would bring their own consessions.
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Mayor Davis suggested that they talk, 'to.LarryBrooks to coordinate the
use of the park, fencing, and the use of the park staff. Mayor Davis
stated that he would,like.to see percentages that would go to the Town
to come from the'gate or total intake rather than from the profits.
It was stated that the shows would end between 8:00 p.m. to 9:00 p.m.,
and they would.re-arrange the staging area.
The Council`was•in,agreement with the above entertainment proposal, and
suggested that Mr.`Craddock meet with Bi•11 Jame „s and the staff. It was
also suggested that they meet with Debra Ramsey of the Vail Valley
Marketing Board to'discuss this proposal.
There being no further Citizen Input, the Mayor closed that portion
of the agenda.
Second reading of Ordinance No. 91-10, Series of 1991, AN'ORDINANCE
REPEALING AND REENACTING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON PERTAINING TO ZONING AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
Rick Pylman reviewed the history leading up to the zoning revisions. He
and Peter Jamar gave a presentation to the Council and to.the public.
They reviewed the revised changes of,the zoning code. Mr. Pylman stated
that they added three new chapters to the zoning code. The SPA Zone
District was changedto PUC Zone District. They also added an
Environmental-Impact Statement Chapter. The third was,the Mobile
Home Park Development Standards. The Town Center Zone District was amended
as follows:
17.20.020-B-3 - allowed uses: restaurants, excluding drive through-
17.20.020-C-5 - Drive through windows
17.20.020-C-6 Service Stations
17.20.020-D-1 - Minimum Lot Size: 30,000.square feet
He stated that Lot 3,,Block 3, was zoned solely as commercial zone, which
was the only allowed use at the present time. 'He stated that going to
RHD - 20 units per acre and no commercial, matched the development
around the property. The owner expressed a concept of mixed use for that
property. There was some concern of 25 units per acre and commercial in
that zone and-the staff thought it was too great for that property.
He stated that after reviewing this further, they amended the RHDC from
25.units per acre-to 20 units per acre, which would accommodate that use.
The Mayor opened the meeting for public hearing.
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Mr. Donaldson approached the Council. He was representing the owner
of Lot,3, Block 3. He stated that they would go along with the new
definition of the RHDC classification which would allow them to have
the minor commercial use and the 20 units per acre. The map would be
changed to reflect the RHDC and lower the density from 25 units per
acre to 20 units per acre.
Councilman Davis asked if the Sunroad Properties were in accord with
the changes. Mr. Eddy stated that it respresented a viable compromise.
Terry Halverson asked what the review process would be for a service
station.
Mr. Pylman stated that it would need a Special Review Use, notification
would go to all adjacent property owners, and a public hearing by the
Town Council.
Mr. Halverson stated that he would be opposed to a service station
in the TC Zone District next to 1ST Bank.
Dave Tyrrell approached the Council. He stated that there was a sealed
bid auction proceeding for Avon Center, parcels A and B, which was
the commercial space and parking lot. All the density was stripped from
parcel B and placed on parcel C. He stated that parcel B would loose
all density. He asked when would these new zoning revisions take place.
Mr. Pylman stated that they recognized " those two parcels and that
they had grandfathered the development rights on those two pieces of
property.
Allan Nottingham was concerned of the decision of the Council to
eliminate fractionalization and development rights for Avon.
Secondly, he stated that each duplex in his area (West Beaver Creek
Boulevard) was allowed an accessory unit. He stated that he could see
a restriction on one bedroom, but not on the square footage.
Mr. Pylman stated that they would take a look at that concern.
Chris Eckrem had a concern of what the impact would be to the property
in Eaglebend on the northside of Eaglebend Drive if the Council made
the decision to eliminate fractionalization.
Mr. Pylman stated that the Development Rights would be grandfathered
but there was no fractionalization approval for that parcel.
The Mayor closed the public hearing.
Councilman Stovall indicated that he did not like the idea of a service
station on the Sunroad Property, and there should be some limitation
on accessory units. He requested that the ordinance be tabled until
June 11, 1991.
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The Mayor stated that he was not in
the Sunroad property. He had hoped
out. He agreed that the ordinance
concerns could be worked out.
favor of a service station on
that something could be worked
should be tabled until these
Chris Eddy with Sunroad Enterprises, Inc. approached the Council.
He asked under what zoning was a service station allowed.
Mr. Pylman stated that it was in the Neighborhood Commercial District
and the Shopping Center Zone District.
Mr. Eddy stated obviously the Shopping Center Zone District was
relatively remote as it related to a service station, which relied
on Interstate traffic, and in the Neighborhood Commercial District,
the access was not clear south of Avon, but the parcel to the north
of Town essentially would be granted a monoply on service stations.
He stated that the staff had identified some areas where service
stations could go and some remote areas where service stations could
not go. He felt that the Council had the wrong concept of a service
station. He stated that a service station could simply be a station
to where people would purchase gas and then leave. He stated his
concern was that they had the right to have a service station on their
parcel, but that right was simply being taken away.
Rick Rosen, legal counsel for Sunroad Enterprises, Inc. approached the
Council. He asked if they were to assume bf what they thought had
been negotiated with the staff, was no longer negotiable. Would they
have to return and work with staff to do the process from the beginning.
He stated that they have some legal concerns. It was his assumption
that after talking with staff that service stations were recommended
through Special Review Use. He, stated that the Council was now
considering tabling the ordinance on second reading when the Council
had control on that particular matter as it stood with the recommendation
with staff approval. Again, he stated that he had a real concern.
After some discussion, Councilman Stovall moved to table Ordinance No.
91-10, Series of 1991 in order for those concerns to be worked out
to everyone's satisfaction. The motion was seconded by Councilwoman
McRory and was unanimously carried.
It was stated that there needed to be a specific location for service
stations.
The Council recessed at 9:45 p.m. and reconvened at 9:55 p.m.
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Resolution No. 91-12, Series of 1991, A RESOLUTION ADOPTING THE
TRANSPORTATION MASTER PLAN FOR THE TOWN OF AVON.
Arnie Ullevig reviewed the Transportation Master Plan with the Council.
He presented a summary of the draft of the Plan. Mr. Ullevig showed
slides of charts and maps of the system throughout Avon.
The Mayor opened the meeting for public hearing and was closed with
no discussion.
Mr. James stated that a couple other studies that the Council was
working on was the Urban Design and Streetscape Plan, Recreation
Master Plan and the Housing Policy.
Councilman Bennett moved approval of Resolution No. 91-12, Series of
1991. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Councilman Bennett moved approval of the Outdoor Use of Amplification
Sound for the Avon/Beaver Creek Resort Association's Special Events,
which would occur on July 4th and July 12th, 1991. The motion was
seconded by Councilwoman McRory and was unanimously carried. There
was a public hearing on this matter with no discussion.
The Mayor stated that Councilman Tom Ptach would be resigning from
the Council as of July 10, 1991.
James Johnson approached the Council. He requested that the Council
help sponsor Governor Romer's Regional Forum on Mothers and Children
at Risk, which would be held in Eagle County on the 19th of June.
The only request was to use the Town of Avon's name on the advertisements
that the Town would support this Forum. This task force was put
together for families at risk.
It was the consensus of the Council that they would support this program.
The Mayor reported on the Great American Trash-Off Day, June 1, 1991.
A letter from the Governor's office was in regard to the President
signing into legislation funds for Federal Housing to help the states
deal with the increasing housing needs. He stated that there was a meeting
in Summit County on June 20th, 1991 at 1:30 p.m. to 4:30 p.m. The
Mayor requested that one or two representatives from the Housing
Committee attend the meeting to represent the fact that the Standards
for Low Income did not necessarily fit Avon's community.
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Councilmembers Reynolds and Garton were appointed to attend the meeting.
A work session was scheduled for Friday, May 31, 1991 at 12:00 noon
to discuss the Entertainment Center and to review two concerns of the
zoning revisions.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #3. The ;notion
was seconded by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for May 28, 1991. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for May 28, 1991. The motion was seconded by Councilman Stovall
and was unanimously carried.
Councilwoman McRory moved approval of the May 14, 1991 Council Meeting
Minutes as presented. The motion was seconded by Councilman Stovall
and was unanimously carried.
There being no further business to come before the Council, Councilman
Stovall moved to adjourn. The motion was seconded by Councilwoman
McRory. The meeting was adjourned by Mayor Davis at 10:50 p.m.
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