TC Minutes 11-22-1994MINUTES OF-.THE REGULAR MEETING-OF.THE,TOWN COUNCIL
HELD-NOVEMBER 22, 1994`- 7:30 P.M.
A 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
7:32PM. A roll call was taken with Councilors Richard Carnes,
John Hazard, Tom Hines, and Judy Yoder present. Councilors Jack
Fawcett and Celeste C. Nottingham were absent. Also present were
Town Manager Bill James, Town Attorney John Dunn, Town Clerk
Patty Neyhart, Planner Mary Holden, Fire Chief Charlie Moore,
Police Chief Gary Thomas, Director of Municipal Services Larry
Brooks, and Community Service Officer Steve Hodges, as well as
members of the press and public.
Second Reading of Ordinance No. 94-21, Series of 1994, AN
ORDINANCE AMENDING TITLE 8, CHAPTER 8.24 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF'
Mr. Bill James reminded that during the summer, Council made a
decision to start a code enforcement program in the Town. As
part of that, the Town took over the County's operations for
animal control. In addition, Council directed-Staff to look at
any,other regulations that may be necessary, especially in
residential-areas. Based upon that direction, Staff worked with
the Planning and Zoning Commission to come up with a list of
-things that the Council may want to consider for additional
enforcement. Before Council tonight is the second reading and
public hearing of the Ordinance that includes items for
additional enforcement on a city wide basis. Those items deal
with storage of recreational vehicles, temporary structures,
livestock and pets, recreational off-road vehicles, newsracks,
and outdoor display of merchandise.
Mayor Reynolds opened the meeting for public input.
Mr. Michael Presutti, Wholesale Manager for USA Today, suggested
the newspapers, through a voluntary agreement, could probably
accomplish the same thing without the weight of an Ordinance.
Mr. Presutti announced that another newspaper representative, Mr.
Cliff Thompson, is present. They could probably coordinate that
voluntary agreement. Mr. Presutti questioned what racks were
causing a problem or what structures were causing a problem. The
Ordinance stated that no racks could be placed on City streets
without Council approval. And, that racks on private property
had to be bolted, rather than chained to a mail box or lamp post.
And, Mr. Presutti wondered if there were any racks that might
have prompted the Planning Commission to take this action.
Planner Mary Holden stated there were some newsracks specified up
in Wildridge that were causing safety concerns.'
Mr. James added there we're a couple of newspaper racks that were
put up in Wildridge, which is a residential community on the
north side of the interstate. They were placed in a location
next to a stop at a main, intersection. It was the Town's concern
for public safety in that'area'. They were moved-back off the
road, onto public property, in a safer area.
Mr. Presutti stated our suggestion is that we are also citizens
in your community. Our distributors, agents, carriers, and
wholesalers are, interested in the safety in the community also.
We believe we can police this.
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Ms. Colleen Carter, store manager for the Avon Wal-Mart store,
questioned, regarding the temporary structure as far as trailers
for storage; does that affect the trailers that Wal-Mart has for
storage? The trailers are kept basically during the Christmas
season to handle the extra freight that is needed. The trailers
are off towards the side. Right now, we have four trailers.
During the Christmas season, from October 15th through December
30th, we do need the extra trailers to handle the extra freight.
Basically that is to help keep our floor safe so that we don't
have the freight on the floor and to keep our stock room up to
OSHA standards. The trailers are a necessary thing that we do
need to have at Wal-Mart. And, if this is going to be an
Ordinance, will there be something where we can get a permit to
be able to have those?
Councilor Yoder stated that this Ordinance does allow for
temporary structures, specifically authorized by the Town in
writing.
Ms. Carter reiterated that to be able to handle the business,
Wal-Mart does need those trailers during that season: There is
one other thing, as far as trailers go; we do have a trailer at
the back of our building where they,.at,night,;bring us a:loaded
trailer. They drop the loaded one off and,pull the empty one
out. That trailer is back there continuously, all the time.
Will this Ordinance affect that and how?
Mr. James questioned if the trailers that are sitting back there
now meet code; are they in conformance with our code now? -
Planner Holden stated technically no; they are not in conformance
with our code right now. Planner Holden stated it is a temporary
structure. The additional trailers that are being used for the
Christmas season are also taking up parking spaces, so that is in
direct violation of our off street parking regulations.
Mr. James stated they have always used semi trailers to store
their merchandise. They have a unique situation and every year
we have just gone along with it. The manager has always been
helpful in working with the Town. Maybe we can put them on a
different side so they are not so visible. Basically, they are
in violation now. We try to be as flexible as we can in these
situations, as long as we can, to try and meet the merchants
needs as well.
Ms. Carter reiterated the trailer is there from October 15th
until the end of December. Ms. Carter added if we have to move
them to the other side of building they will also be taking up
parking spaces. She does not have a problem with-having to get a
permit but, this is something Wal-Mart does need to do during
that time period.
Mr. James noted it has grown; at one time there was only one
trailer. Ms. Carter stated there are four and it takes
approximately three to four every Christmas season. Last year,
there were three trailers. Our inventory is actually reduced
from last year but, at the same time alot of seasonal merchandise
comes in that we have to be able to maintain.
Mayor Reynolds asked if their intention is to enlarge the store.
Ms. Carter responded that she could not answer that; she really
doesn't know. As long as the store continues to increase in
sales and volume, she believes they will eventually look at that
possibility. They won't let her know until that decision is
final.
Ms. Carter stated the other item she had a question about was
merchandise displayed on the front side walk. She feels that
will limit Wal-Mart. Ice melt, rock salt, and snow blowers are
needed in the community and there is no way, with the quantities
that come in, to do that inside the building.
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In the summer there are swing sets, potting soil, etc. If she
has to reduce all of that, she won't be able to carry some of the
product at all. The products she would b,e able to carry would be
very limited in quantity and not be able to meet the demands of
the community. Clearance sales are held twice a year; January
and July. The side walks are wider at Wal-Mart. They are 12'
wide and are built to display merchandise out there.
Mr. Josh Hall questioned, regarding the merchandise outside, is
that strictly for merchants or are,you saying no garage sales?
And, secondly, what is the purpose for that; were there
complaints from citizens of things being outside?
Mayor Reynolds stated there were quite a few citizens that voiced
concern.
Counc.ilorlHines questioned was it a complaint based upon what
Wal-Mart or City Market was doing that this came about in terms
of the sidewalk sales and sales of merchandise outside?
Mr. James.',stated there was a concern of the chairs that were
being store outside in the summer. Then there wa's another small
retail store; they were moving all their retail outside and using
the inside as storage.
Councilor)*nes noted it is a seasonal type of operation; City
Market sells.Christmas trees and some of-their winter items are
outside. !Wal-Mart's west side is set aside.for lawn and garden
center; even the chairs. It seems to me you either tell them
they can't have that-type of operation or else we designate that
part of the parking lot as non-parking'an~d have them fence it in,
as is done in other areas. Councilor Hines questioned what
necessitates us from wanting to pursue-this?
CounciloriYoder responded that she has had complaints from people
saying Avon has always looked junkie; why don't you clean the
Town up. !One of the things they,have complained about is
merchandise setting outside of the stores'._ If we allow Wal-Mart
to set their chai"r"s out front or their snow blowers out front,
why can't the pet shop leave the dogs out front that they are
selling? (Councilor Yoder stated one of the complaints she has
had since she has been on the Council is we'd like to see Avon
look cleaner and neater. Councilor Yoder thinks this ordinance
is a big step forward and supports this ordinance.
CounciloriHines noted this ordinance is a detriment to City
Market and Wal-Mart. Councilor Hines added he has never
perceived Avon as being junkie.
Councilor,Hines questioned, in terms of the newsracks, anchored
in what format? Planner Holden responded they-need to be bolted
in or weighted down at the bottom. Mr. Cliff Thompson added they
are weighted down with gravel, sand, or concrete block.
Councilor;Carnes understood some of the reasons why this has come
up. Councilor Carnes questioned why can't we change the
Ordinancelto limit merchandise that can be displayed outside,
such as se I asonal merchandise only?
Councilor,Yoder motioned to table Ordinance No. 94-21, Series of
1994 until the next Council meeting. Councilor Hazard seconded
the motion. The motion carried unanimously.
Mr. Doug Davies, an associate of Wal-Mart, stated that if this
Ordinance ',,passes, it is his opinion that the chances of Wal-Mart
expandinglwould be severely limited. The chances of Wal-Mart
serving the community's needs would be severely limited. In Wal-
Mart'~s scheme of things, Avon is already a small store; too small
- they don't build them that way anymore.
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Mr. Davies continued; because we are in a resort community our
demands go from very small to very large overnight. When Wal-
Mart opened there were nine trailers back there for nine months..
Over six years, the trailers have been decreased and sales and
business has increased. Mr. Davies suggested tailoring this
Ordinance so that national organizations will look favorably at
coming to resorts. This Ordinance can be tailored so as not to
handicap the small John-Doe merchant or the large merchant. As
it is written,'what you are saying is no trailers, no sidewalks,
no this; no that. Address the problem of neatness and
orderliness precisely. I suggest that the temporary structures -
trailers - not be visible. I suggest, regarding sidewalk
presentation, the organizations must petition Planning and Zoning
or Town or Staff and make a decision on each and every one. Give
us some criteria of what is needed.
Mr'. Presutti stated we have in the past, an example - the City of
Aspen, successfully used a program of voluntary maintenance where
the newspapers have joined together and accomplished what the
city was looking for But, I wanted to draw your attention to a
second point, before passing the Ordinance. It seems to me that
you are trying to avoid a nuisance versus public safety and you
may run against possible First Amendment implications. USA
Today, I don't think was really involved in placing the racks in
a residential neighborhood, in this case. But, this might be a
case where we would have to pick up the gauntlet and challenge in
the courts.
Councilor Hazard questioned if that is a threat.
Mr. Presutti stated not at all. And, in fact, I wanted to come
up and act first as an advisor and as someone who could work with
the other newspapers to accomplish what you want to accomplish to
achieve public safety. But, also alert you that you have an
Ordinance that is worded in such as way that it puts newspapers
at agreat disadvantage and may run against First Amendment
guarantees.
Councilor'Hazard questioned why are we putting the newspapers at
a disadvantage. Please explain.
Mr. Cliff Thompson stated, if you are infringing on our ability
to circulate, this is a First Amendment concern.
Mr. Presutti, Mr. Thompson, and Councilor Hazard were all talking
at once and am unable to,transcribe.
Mr. Presutti stated that at the beginning he said we can self
police this and give you what you are looking for.
Mr. James noted safety 'is the intent of this Ordinance. We asked
for voluntary compliance and voluntary compliance was not given
to us on a certain newspaper rack. So, we went up and physically
moved it. This was a_Vail Daily newspaper rack in Wildridge.
These need to be placed in-"appropriate places that are'safe for
the community.
Councilor Carnes asked if we have a list.of ""hot spots" where we
definitely don't want them to be sitting:- Mr: James'stated no.
Councilors Yoder and Hazard voiced safety concerns in Wildridge;
both noted "close call" accident situations.
Mr. James stated we-didn't get,the impression that the.Daily
didn't want to work with us and relocate back. But, again, they
were asking the same type of questions in terms of the First
Amendment; I.wish everyone had the same opportunity that the
press does where they are able to place their products; that is
not always possible. But, this is another subject.
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Mr..James continued; again, this is not on the basis that we are
trying to limit putting in public right-a-way. We are.saying we
would like to have the opportunity to review that and make sure
they are in a safe environment.
Mr: Presutti mentioned a successful voluntary agreement in the
City of Aspen; we walk through town once a year -members of the
different newspapers - and look at each location where we have
groups of boxes. We will make changes in the boxes. The city,
at that point is able to tell us to move it back due to a safety
hazard. Easy compliance.
Mr. James stated that may be an option for Council to consider.
Mr. Thompson stated he is willing to work with the Town on this
voluntary agreement. Mr. Thompson added it needs a little work.
Councilor Carnes suggested that Planning and Zoning Commission
compose a list of spots that we definitely don't want the
newsracks. Mr. James stated Planning and Zoning has not done
that. Mr. James suggested working on the voluntary program; the
Town together with the newspapers as far as placement of the
racks. This'voluntary program would certainly be far better than
to try and legislate it.
With no one else wishing to be heard, Mayor Reynolds continued
with the scheduled Agenda.
First Reading of Ordinance No. 94-22, Series of 1994, AN
ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED PUD
DEVELOPMENT PLAN FOR A REDUCTION IN ALLOWED SINGLE FAMILY FROM 94
TO 93 BY THE ELIMINATION OF THE COMMON LOT LINE BETWEEN LOTS 87
AND'88, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Planner Holden stated Staff recommends approval of Ordinance No.
94-22 on first reading. This is an amendment to the PUD of
Mountain Star to allow for 93 single family units instead of 94
by the elimination of a common lot,lifte between lots 87. and 88.
The plat map was displayed on the wall.,- Recommendation for
approval was based on the following findings-and conditions: 1.)
the PUD is consistent with the development patterns and locations
set forth in the comprehensive plan; 2.) the PUD is consistent„
with the comprehensive plan goals and objectives related to land
use and proximity to the town core; 3.) the PUD is consistent
with the comprehensive,plan goals and objectives related,to the
environment; 4.) the SPUD is consistent with the•,transportatioIn
plan traffic generation forecast for this,.ptoperty. Conditions:
1.) the existing Mountain Star Subdivision PUD development plan
and standards still apply.
Mr. Rick Pylman, representing Mountain Star, confirmed and agreed
with Planner Holden's presentation. Mr. Pylman added that there
is one owner for both lots. There will probably be another owner
request similar to this request; buying two lots and forming into
one.
Councilor Hines questioned the building envelope - will that
change. Mr. Pylman stated the building envelope used will
probably be one of the two that existed prior. That is not set
in stone; we could create a new envelope.'
Councilor*Yoder motioned to approve
of 1994 on-first reading. Councilor
The motion carried unanimously.
Ordinance No.. 94-22, Series
Hazard seconded the motion.
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Resolution No. 94-45, Series of 1994, A RESOLUTION IN
APPRECIATION OF JIM ROOF
Mayor Reynolds read Resolution No. 94-45 in its entirety.
Councilor Hines motioned to approve Resolution No. 94-45, Series
of 1994. Councilor Yoder seconded the motion and the motion
carried unanimously.
Resolution No. 94-46, Series of 1994, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, APPROVING THE ISSUANCE OF
MULTIFAMILY HOUSING PROJECT REVENUE BONDS, SERIES 1994C-1, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,215,000, THE ISSUANCE
OF MULTIFAMILY HOUSING PROJECT SUBORDINATE REVENUE BONDS, SERIES
1994C-2, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $685,000,
THE ISSUANCE OF MULTIFAMILY HOUSING PROJECT SUBORDINATE REVENUE
BONDS, SERIES 1994C-3, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $425,000 BY THE EAGLEBEND AFFORDABLE HOUSING CORPORATION;
AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED OPERATIONS
AGREEMENT IN CONNECTION WITH THE EAGLEBEND AFFORDABLE HOUSING
PROJECT; AND AUTHORIZING INCIDENTAL ACTIONS.
Mr. James distributed a new draft of the Resolution. This
Resolution will allow the Eaglebend Affordable Housing project to
issue bonds to be able to build another 54 units of affordable
housing on Highway 6. There are a couple of changes. The first
change is that the series C-2 Bonds have been changed from
$685,000 to $695,000. Secondly, everything has been put off
until January 3, 1995. Mr. Jeff Spanel and Mr. Gerry Flynn,
representing Eaglebend, were in attendance.
Councilor Hines motioned to approve Resolution No. 94-46, Series
of 1994, the latest copy thereof. Councilor Yoder seconded the
motion and the motion carried unanimously.
Next item on the Agenda under New Business was Change Order #2 /
Recreation Center.
Mr. Gary Meredith, construction manager for the Avon Recreation
Center, presented Change Order #2. This involves two items; the
removal and replacing of suitable soil in the parking lot for
$11,198 and the adding of a culvert at Falcon Point Drive for
$4,638. The total is $15,836.00.
Councilor Yoder motioned approval of Change Order #2 for the
Recreation Center in.the amount of $15,836. Councilor Carnes
seconded the motion and-,the motion carried unanimously.
Next on the Agenda was the Consent Agenda:
a.) Financial Matters
Councilor Yoder motioned'.to approve the Consent Agenda.,
Councilor Carnes seconded-the motion and the motion carried
unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 8:28PM
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RESPECTFULLY SUBMITTED:
Patty Ne r own Clerk
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