TC Minutes 02-28-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 28, 1995 - 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 Pro-Tem Celeste C.
Nottingham at 7:30PM. A roll call was taken with Councilors Jack
Fawcett, Tom Hines, and Judy Yoder present. Mayor Albert
Reynolds, Councilor Richard Carnes, and Councilor John Hazard
were absent. Also present were Town Manager Bill James, Town
Attorney John Dunn, Town Clerk Patty Neyhart, Town Engineer Norm
Wood, Fire Chief Charlie Moore, Police Chief Gary Thomas,
Transportation Director Harry Taylor, Director-of Municipal,
Services Larry Brooks, Recreation Director Meryl Jacobs, Town
Planner Mary Holden, and Community Service Officer Steve Hodges,
as well as members of the press and public.
Mayor Pro-Tem Nottingham noted that Mayor Albert Reynolds is with
his wife, who is in Swedish Hospital, following a serious
automobile accident. Also, Councilor John Hazard is in
Presbyterian Hospital. We are keeping both in our thoughts.
Citizen Input was a Quarterly ABCRA Update:
Ms. Kate Collins, from ABCRA, informed that membership is up,
from 1992 with 115 members,-to approximately 245. Ms. Collins
distributed copies of news clippings about the ABCRA and the
membership directory. Ten thousand of the directories were
distributed via the newspaper (Vail Valley Times), leaving eight
thousand to distribute from the visitor information center and
member businesses. ABCRA is producing 30,000 maps and 30,000
Avon brochures. Ms. Collins mentioned a phone display
advertisement board that will be set up in the lobby of City
Market. Ms. Collins mentioned a breakfast meeting series that
replaces the luncheon series. Council appreciated the update.
Citizen Input was American Airlines Funding Request:
Mr. Kent Myers stated he was not present to ask for money - there
is-not- enough support, even with.-the Town's participation, to
fund the'summer program. Mr. Myers'thanked,the people who did
support the program. Mr,. Myers rioted Vail-Associates is up in
skier days this winter; the Vail mountain as well as Beaver
Creek. Arrowhead is up.' ,-Aspen is down. Steamboat Springs is
down. Steamboat- has' ~lost 3091;'of its winter time flights. Mr.
Myers stated'he'did not want to put the community into another
loosing situation. Mr. Myers added he wants to look at this in
the long, term basis and 'perhaps revisit" ,,the situation late summer
or early fall and move forth from there.
Mr. Bill Tomcich, air transportation manager for Vail Associates,
noted that he has acted as a liaison between American Airlines
and the community. Mr. Tomcich discussed commitments and pledges
of last year and this year. By selling 51%; of the available
seats last year, Mr. Tomcich stated we proved summer flights are
definitely viable. Mr. Tomcich added that Vail Associates has
the historical data and that he can play a liaison between any
other airline that may be interested in coming in here. Mr.
Tomcich noted he was at DIA for opening ceremonies this morning.
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Citizen Input was a Request Availability of Lease-back Land for a
Private School:
Mayor Pro-Tem Nottingham announced this item was cancelled.
First Reading of Ordinance No. 95-7, Series of 1995, AN ORDINANCE
APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND
DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM STATION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
Mr. Norm Wood stated that Shapiro Development Company and
Wintergreen Homes, LLC have submitted a request for an amendment
to the current PUD plan and development standards for Lot 3,
Nottingham Station. Lot 3, Nottingham Station is approximately a
14 acre parcel located east of Avon Road and between the Eagle
River and the railroad tracks. This parcel is currently zoned
PUD with an approved development plan that calls for 83
residential units on an approximate 2.6 acre parcel located
between an extension of Hurd Lane and the railroad tracks, and 66
residential units on the 4.7 acre parcel located between the
extension of Hurd Lane and the Eagle River. This plan also calls
for the dedication of approximately a 3. acre of open space tract
along the Eagle River, construction of a multi-use path, and the
Hurd lane extension from Avon Road to Eaglebend Drive. The,
proposed amendment to this PUD calls for some slight
modifications, including 69 residential units on a 2.8 acre
parcel between extension of Hurd Lane and the railroad tracks,
and 70 residential units on a 4.2 acre parcel located between the
extension of ,Hurd' Lane ,and the ,Eagle, River. The •proposed
amendment, also, calls for, the' dedication of a ~ 3 .6 : acre open space
tract,- construction of the multi-use path,' and extension of Hurd
Lane from Avon Road to Eaglebend Drive. The PUD also establishes
building,standards which include building set backs, building
heights, parking'and'open space.requirements. The current plan,
particularly on the parcel between Hurd Lane and the Eagle River,
defines the building set backs more by defining building
envelopes'. This 'is first reading of.; the Ordinance, which
basically introduces legislation and schedules the public hearing
as required for the zoning code. This has been heard by the
Planning & Zoning Commission and the proposed Ordinance No. 95-7
incorporates their recommendations for approval.
Mr. Mark Donaldson, representing Wintergreen Homes and Shapiro
Development Company, introduced Mr. Jeff Spanel of Wintergreen
Homes, Mr. Ed Smith project architect for Shapiro Development,
Mr. James Wear attorney representing the land owners, and Dr.
Eric Olgeirson wetlands and riparian specialist. Mr. Donaldson
gave an overview of the proposal. Lot 3 is the north tract,
along the railroad tracks, where 69 units are proposed. Lot 4 is
the river side parcel, where 70 units are proposed. Mr.
Donaldson proceeded to discuss the displayed drawings and maps
away from the microphone making it difficult to transcribe.
There are nine buildings on the site. Mr. Donaldson stated the
"canyon" effect of the buildings on the river side has been
eliminated. The Hurd Lane connection will be completed. There
are some detached garages on the river side that will be pretty
much earth bermed. Mr. Donaldson showed the drawings as
proposed, with an overlay showing current plans. Mr. Donaldson
stepped up to Council's bench and further discussion followed
with numerous people speaking at one time and am unable to
transcribe. Mr. Donaldson commented on the proposed public
improvements. Hurd Lane will be completed from end to end, with
curb and gutter and drainage, reconstruction-of Metcalf Ditch and
the piping of that; bus stops in two locations on either side.
The soft path will be constructed along the river; there will be
access in three locations.
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Mr. Donaldson introduced Dr. Olgeirson. Dr. Olgeirson stated he
is a plant ecologist and added his specialties are in wetland _ .
biology and riparian areas. Dr. Olgeirson defined riparian area
as the transition between the wetland and the It is
usually woody-in character although it can be grassy•in,character
in some-situations; not'in the Rocky Mountains; it is usually
woody. Cottonwood defines-it at these elevations. The planning
line is really a vegetation definition; it may be inside the 100
year flood plain.and may be a little out and over by the wetland
if there is some"along the river or if there., isn't Dr.
Olgeirson spoke very softly and do not have a`clear
transcription. The basis of the extent of the riparian area is
the extent'of the high water mark. It is infrequently flooded.
In the case of the-Eagle, it is somewhat infrequently flooded,
which is evidenced by the lack of regeneration of the
cottonwoods. The Eagle River doesn't behave well in terms of
regenerating these cottonwoods, because-of the structure of the
river. The reason, I was called in, was to identify the
resources and to try to minimize the damage to them. Dr.
Olgeirson showed the projected disturbance of the riparian area
on a map. The riparian area on one side of the river is more
developed than the other. Agriculture and industrial activity
probably destroyed it on the north side. Some areas are shown as
potential mitigation sites for replanting; the notion being the
riparian area will be restored in character in terms of
vegetation. We are estimating that approximately 15-20
cottonwood trees would be removed by this disturbance. We would
establish the same number or possibly more, along with shrubbery.
Dr. Olgeirson stated the riparian area on the south side is much
more dense than the north and allows an opportunity to put in
some young trees. It is sort of an artificial regeneration, but
it is a regeneration. There shouldn't be any influence on the
corridor, in terms of animal movements. Of course, we are
staying out of lands. Estimated total acreage of this
disturbance is 24 acres I haven't calculated the percentage it
is of the ripari a. e y aerdg
Mayor Pro-Tem Nottingham expressed concern of the continuing
disturbance; what will it do as development encroaches on the
riparian zone; what will happen if we keep moving into it? Dr.
Olgeirson replied these rivers have become sort of ditches with
development on either side. One of the difficulties is something
I addressed earlier; is that they are now almost urbanized, in a
sense. Whether a development happened along this river or not,
there are going to be gradual changes in the river that are not
necessarily going to be good, simply because,of the confinement
of the channel. The river isn't taking care of itself, because
it is not regenerating cottonwood the way it should be. It is,
from Minturn - down, becoming urbanized. So, actual management
of the river has some benefits - management such as replanting
trees. If the channel is not altered greatly, than the river
will do at least what it is doing today, regardless of
development.
Mayor Pro-Tem Nottingham asked what "urbanized" means to the
layman. Dr. Olgeirson stated urbanized means you are developing
along the river corridor. Traditionally, in the west,
development occurred along the river corridor and still does.
Encroachment on the river is the important thing. This
particular development isn't going to do anything to the river.
There are no actual alterations to the channel.
Councilor Hines stated the cottonwood is the ultimate in the
chain of the riparian environment - its nitch is more vital than
any other component of the bank system; and questioned, is that
right? Dr. Olgeirson stated not necessarily. In the river
system, you might think of the cottonwood as climax - meaning the
end point. But, rivers are so active they are constantly being
set back, so there is no true climax.
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The trees grow up; the trees fall down; if the flood happens
often enough, then it is refresh - it is some kind of pulse,
normally 15-20-years. Councilor Hines interjected it could be we-
are in a cycle now where it may be that-you start to hit that
regeneration somewhere down the road. I haven't been here twenty
years so,_I don't know if that is the case. Dr. Olgeirson stated
the rivers are linear and they kind of.shift up and down so
something might -be happening twenty miles down stream:
Cottonwoods may be regenerating twenty miles down stream and
degrading twenty miles up stream and the river makes a move for
some reason, or somebody built a bridge, or something like that,
and the whole thing shifts. It can either shift by natural .
causes or it can shift by man-made if you like. But, it is going
to shift. In our life time, we might not see alot of those
shifts. They tend to happen around the twenty year period.
Councilor Hines stated a lot of what you are looking at is based
upon the view of a bank to bank type of deal; you are talking
about the channel and the flood plain and you talked about banks
and the degradation of banks being one of the problems that may
exist. Dr. Olgeirson interjected, degradation of the bed; of the
river bed. Councilor Hines asked isn't that important; related
to the degradation of the bank? Dr. Olgeirson stated I am not a
hydrologist, but it doesn't appear to be on the Eagle, cause it,
is so well armored. Councilor Hines stated so that question
would be better put to a hydrologist, in terms of; where I am
going with this is, in terms of development; I am going to
hypothesize; in terms of development - as you develop along - as
we urbanize, as you call it, that river corridor - we are
creating more and more impervious surface which changes the
natural action of - I don't know whether you can address this - I
think this is more specifically put to a .hydrologist - that has
several impacts. One, you're dumping water in areas instead of
the natural assimilation that used to take place in the past;
you're changing what gets dumped, you're changing the volume of
how that - and also, by creating impervious surface, you are
removing to some extent an inter-related system that may lead
itself to the composition of that bed - correct? Dr. Olgeirson
stated I don't know that there is any direct relation to the
impervious surface in the bank of the Eagle. If water is being
added to the Eagle River, it is not influencing the riparian
system; it is influencing the flu hill system - the river itself.
But that would be large, large quantities of water. You are
referring to increase base flow from roots and roads, etc.
Councilor Hines stated exactly - on site specific to address this
lot - and Mark you may want to jump in if I am wrong - there'is
35% coverage - building coverage - with the total impervious area
of 75t. To some extent, and I guess this would relegate itself
to mitigation, not minimizing the mitigation - what you replace
or what you add to that bank system because you're creating all
that impervious area - it is more of a load on that riparian
system through there - in my mind. And, I am definitely a layman
on this - that it is more of a load on that.riparian system when
you create that impervious area adjacent to - . So, that would
relegate itself to how you would proceed mitigation of riparian
environment. Dr. Olgeirson stated we would replace it in similar
environments to those that support riparian. Councilor Hines
stated but you've changed that entire nature of that area
adjacent to - would it require - in terms of mitigation - more
instead of just replacement of? You see where I am going? Dr.
Olgeirson stated well, it might. It might for attrition, if no
other reason - to make sure, that you get back, what you had, to
begin with. Councilor Hines questioned would it require more?
Dr. Olgeirson stated think of how the riparian zone forms and
what its boundaries are, which I should have explained better.
The reason that it has a limit, an upper limit,,'is related to
water." Cottonwoods are free attifights and free attifights
simply mean they are deeply rooted.
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When they get into a zone where there is competition for water,
that is so strong that they can't reach it by producing roots,
that is where they set their boundary. So, they are not
operating much from surface water at all. The Eagle River is not
being supplied by water from the surface or very much water, from
ground water discharge; it is all the water that flows down the
Eagle. So, there is this little pool of water down in the
gravels that the cottonwoods are rooted in. So, rainfall and
increased,',impervious'surfaces above the riparian area, in this
particular instance, are not influencing the riparian zone.
Councilor Yoder stated she has
information the way she wanted
at this meeting.
Mr. Donaldson stated it is our
goal of this evening is to set
Donaldson requested to hear an,.
not had time to review the
to and would just like to listen
understanding that the primary
a date for a public hearing. Mr.
issues of Council this evening.
Mayor Pro-Tem Nottingham stated my whole point in going into this
discussion, especially on this site, is because I want you to
understand, I didn't want to do something that we would regret in
a further time; making some decisions that would impact us in a
way that there was no turning back and degrading our riparian
area. I am concerned about the idea that if you dig into banks
and put foundation, its got to - and especially if you are in a
riparian zone - it has got to have an effect; in my layman's
mind, on the way the river and the wetlands and the riparian
areas are going to react - not immediately, perhaps - but shortly
thereafter. I am concerned about the stability of it. I am
concerned about what it is going to do to the aesthetics because
now; OK we are an urbanization of this river channel whether we
like it or not. And, it is going to have some effects. Can we
do something these days or be sensitive in a way that it is,going
to minimize the effects. I am not real comfortable. What can
you do to make me more comfortable with digging in and removing
river banks that are in riparian ways? I know that is a ton of
stuff, and I don't know that you will be here at next meeting.
Dr. Olgeirson stated that in this particular case, the
disturbance is occurring at the upper fringe of the riparian -
the very high banks. You can think of these banks in terms of
zones as the river comes up, the ground water comes up along with
it. So, the ground water level is sort of a dampened image of
the topography. In other words, the ground level water doesn't
match the steep bank; the ground water doesn't match that bank -
it goes off at an angle. So, as you go up to the top of that
bank, the ground water is farther away. So, you can think of
different levels of stress; as you go down-the bank - probably
the mid point of the bank is the least stressful, because
cottonwoods don't like to be to wet. That is why they don't
occur in the wetland area, because the wetland area is to wet.
The top of the bank is the most stressful on the other side
because of routing conditions and having to produce more root
material to go deeper. So, one of the things that we can
concentrate, in terms of minimizing disturbance, is to avoid
those particularly well suited areas of the riparian, which is
that mid bank position. If there is a place to disturb, its on
the upper bank. You can't disturb it on the lower bank because
you'run into the river. There is another sensitive issue there.
If that answers your question.
Mayor Pro-Tem Nottingham stated I know who you are working for
and that type of thing. But, what about - what happens when we
remove this bank - the edge of these banks? Dr. Olgeirson asked
of the top bank? Mayor Pro-Tem Nottingham stated yes, the edge
of these banks - dig in and put foundation - it is going to
effect. Dr. Olgeirson stated not entirely, if my information is
correct - it is out of the 100 year flood plain, which is where
the riparian zone typically reacts and functions the best.
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You also need
riparian zone,
are more trees
others. That
to avoid, the
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to look at actually what is happening in that
because it is not homogenous throughout. There
in certain suitable situations than there are in
is just the process of trying to minimize, if not
damage to the riparian area.
Councilor Hines stated that is an interesting point, though.
Hundred year flood plain; to us, it is a line drawn on a map. In
relation to-a bank - how does that physically apply. Dr.
Olgeirson stated it depends on the river. It depends on the
cross section of the channel, it depends on what the average or
normal high flow volume is - what the crest stage of the river is
- as it fills up that volume. So, in a flatter flood plain, the
hundred year flood plain could be 50' wide, a mile wide, a 1/4
mile wide. In a steep bank like this its pretty controlled, but
it is controlled by the level of the river - steepness of the
bank and the level of the river. Councilor Hines stated if you
cut down into the bank to the point where you are approaching - I
mean to us it is just a line on a picture. Mr. Jeff Spanel
interjected but the volume of water that is discharge during a
hundred year storm is going to determine the dept the water rises
to and thus the width of a narrow channel. Councilor Hines -
asked, so it is definable. Mr. Spanel stated it is definable.
Councilor Hines added, in terms of the actual elevations and
Mr. Spanel stated it is a statistical analysis, Tom. I mean it
is based on statistics that were - records have been kept and
statisticians determined what the likelihood. Another term for
hundred year storm is a one percent chance storm - there is one
percent chance that a storm of that magnitude would happen. OK?
It is the volume of water that would be in the river channel
under that one percent chance. So, it is a mathematical and
determinable body.of water. Councilor Hines asked if that is
ever adjusted. Both Councilor Hines and Mr. Spanel spoke at
once and am unable to transcribe responses. Mr. Spanel stated
the state office keeps records of floods and the nearest
gauging station we have here is in Eagle and they monitor the
flood stage every year. Based on that, and historic records,
they determine what volume of water will be coming through the
Eagle River during a hundred year storm. Councilor Hines asked,
that is changed every year? Mr. Spanel stated no, it is not
changed every year - it is monitored. I honestly don't know the
frequency of monitoring - they publish a book of what their
records are and I don't know the frequency of how often they
publish that information. Councilor Hines thanked Mr. Spanel.
Dr. Olgeirson stated as an illustration of where that zone really
is, I have a good friend that is a hydrologist - a river
hydrologist. He said you have to remember that there are two
kinds of hydrology - hydrology and regulatory hydrology.
Regulatory hydrology is always much bigger than real hydrology,
because it is a legal issue. That hundred year-flood plain you
have. to,: stay out of.
Mayor Pro-Tem Nottingham asked,-,on this riparian vegetation
thing, are we able now to consider that this area, specific to
this site, this is basically,a certified riparian mapping of this
- for us to'consider-.from here on? Dr. Olgeirson stated, I would
say so, sure. Mayor Pro-Tem Nottingham stated, OK, so, we can
stand by this. I see the date on this of just a few days ago and
that type of--"thing - is there any concern about the timing of the
year that you.do this?~ Dr. Olgeirson stated, no there really
isn't. Riparian areas are harder to look at in the summer as it
is in the winter, if you want to look at the canopy, because the
canopy obscures the area that you are=using. You can actually
look at it.better without vegetation, although it helps to look
at it at all times of year. I mapped the Eagle River corridor
for the Denver Water Board about fifteen years ago, so I also
have that information available.
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Mr. Mauri Nottingham asked, are you considering the cottonwood
trees on the high ground as a riparian area? Dr. Olgeirson
stated the very upper limit, but some of those might be ditch
related.
Mr. Nottingham stated they are entirely ditch influenced - those
trees wouldn't be there if it wasn't for the irrigation ditch.
Both Mr. Nottingham and Dr. Olgeirson were talking at once and am
unable to transcribe. Mr. Nottingham stated, but all the rest of
them are on the high ground, next to that irrigation ditch. If
that irrigation ditch were ever shut off, those trees would
disappear. I have some concern about that and I have a feeling
that they are going to be irrigated one way or the other. That
ditch influences the growth of those trees and that ditch, I
understand is going to be moved. Dr. Olgeirson noted there is
some ditch influence on the other side too.
Mayor Pro-Tem Nottingham stated, I have a few comments, since you
are an expert here, that as far as comparing this to how it
relates, in your opinion, to the Town of Avon goals that we have
set, at this point in time. And, one of them is that we are
charged with insuring the high quality and the natural
environment is preserved and integrated into the developed areas
of-the town.: And, we are charged with protecting-and enhancing
the water quality of the Eagle River and Nottingham Lake. And,
we are charged with providing special controls for development on
the hillside areas to,minimize environmental degradation to
preserve the visual.character of the unique area. It has been
pointed out to us, at the Eagle River assembly, which is a river
water group that meets and is very concerned, that this is one of
the biggest,assets the Town of Avon has,. And, I am concerned of
meeting our-goals,by allowing encroachment to come this close.
Will we be doing negative things - in your opinion? Dr.
Olgeirson questioned in particular? Mayor Pro-Tem Nottingham
stated, in particular or to this site. Dr. Olgeirson stated, I
think that all of the projects that I work in offer opportunities
and constraints - there is always something that is constraining
in terms of the environment and there usually is an opportunity
in the environment. I mentioned the opportunities, maybe some
regeneration of the cottonwood. Some of the constraints would be
working in the channels and altering that relationship that the
channel has to the riparian area. I think that they have avoided
doing that. I think, in projects, that would be a pretty
important thing to avoid in all situations, is to maintain - not
rigidly maintain because remember the system has got to flux - it
is not staying the same - it is always changing. In all of the
rivers that I look at, in Colorado, there is always some garbage
and this project has some garbage left over from agricultural
activities. Its got some collapsed buildings and some other
things of that sort. I don't know what manipulation was made
from agricultural kinds of things - by the railroad, by
irrigation ditches, etc. I think that it is important to, in a
sense, clean up those river channels. You have several ways of
doing it, but its all a management project, because the Eagle
River does need some management from lots of different
directions. But, you do have opportunities from developments, if
you can direct them well enough to use that development to help
preserve, or conserve would be a better word, the river channel
and the riparian area. There is also a recreational and
educational component that probably shouldn't be forgotten in
terms of rivers. Alot of rivers and wetlands in this country are
unaccessible because of certain kinds of things like agriculture
ground or being fenced, or whatever, and development can offer
some trail opportunities and things like that to get people down
to rivers so that they understand rivers, which tends to foster
people being more generally concerned about conserving rivers.
That goes for wetlands, too. That goes for any kind of natural
vegetation. Awareness really breeds alot of thoughtfulness. We
unfortunately have a nitch in this world, or fortunately, and we
have to live somewhere, so there is always a compromise.
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My job is to generally make that compromise, if it needs to be
made. Sometimes it is my job to make sure the compromise doesn't
exist - that happens in some cases.
Councilor Hines questioned, since they hired you to specifically
address the issue, what recommendations have you made to them in
terms of how to minimize mitigation? Dr. Olgeirson stated, yes,
that we replace at least tree for tree. That that replacement be
a replacement - in other words, if we plant fifteen trees and one
of them dies, then that tree will be replaced. There has to be
some boundaries on that obviously, if it dies in twenty five
years. Councilor Hines asked, what about beyond the trees? Dr.
Olgeirson questioned, you mean restoring other parts of the
riparian areas? Councilor Hines stated, yes. Dr. Olgeirson
stated it would be a systematic restoration of the riparian area
- it would not just be a tree planting - this is not a treescape
- a row of trees - it is an actual creation of a cottonwood
gallery - it is that high ceiling appealing. The understory will
be native. shrub, basically. And,-the groundstory as well, which
are basically grasses. There may be some other areas on the
property where some remediation can be done where no disturbances
happened - this could be beneficial to the developer - just to
enhance the natural view of the river - maybe to close some views
in some ways of the river - to replace some vegetation in sparse
areas and in this case it is not cottonwood because you get
cottonwood to close to the channel and it becomes a hazard and
you will.have the water people on your back because you will be
floating trunks down the stream. But, it could be shrub material
and things like that. Removal of the collapsed building, for
example, would be a good opportunity to do some kind of
remediation - it will want to be done anyway.
Mayor Pro-Tem Nottingham stated this may seem like we delved a
little deeply into that, but I do recognize that you did bring an
expert on this area and I did not know if during the public
hearing we would have that opportunity, so I wanted to go into
it. I just wish more of our council would be here because this
is a real important decision for us and I appreciate your efforts
on that. Mr. Donaldson stated Dr. Olgeirson will attend the next
hearing. Mr. Spanel stated that if there is anything that comes
up, to let them know, so that Dr. Olgeirson can be prepared to
address those concerns.
Mr. Donaldson noted from here to the next meeting, Dr. Olgeirson
will be working with the landscape architect, Glen Elleson, and
working with different plant species. They will give a more
formal presentation on the impacts of those plantings and that
sort of thing. Mr. Donaldson summarized Dr. Olgeirson's
presentation of this evening.
Councilor Hines mentioned maximum site coverage - building
coverage. Discussion centered around developable area.
Councilor Hines asked if staff could draft language in terms of
mitigation of lost riparian or the enhancement of riparian
vegetation. Mr. Donaldson suggested they submit Dr. Olgeirson's
recommendations and Glen Elleson's input for town staff to review
rather than staff having to generate documents. That was
acceptable to Councilor Hines.
Councilor Hines questioned the feasibility of removal of Building
A entirely and to shift the project linearly down? Councilor
Hines asked the possibility of stepping the buildings? Mr.
Donaldson stated on the areas of the deeper cuts, the reason for
that is that we are establishing floor elevations on the entry
level, the garage, and the lower elevations, that are consistent
with existing grade. This is something that the P & Z felt was
very important in terms of stepping the buildings with the
topography and working with the grade. We have done just that.
We have eliminated length of buildings substantially.
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The architecture is more off-set. The buildings fit into the
grade. We have pulled buildings back and'we have reduced the
canyon effect in almost every way imaginable along the river.-
During the design review process, building heights that have been
established will be kept under control. Mr. Donaldson 'stated
they have looked at eliminating Building A before and will look
at it again. Mr. Ed Smith, architect with Shapiro Development,
stated we did look at eliminating Building A, cause that was
suggested previously. Unfortunately, there is a bubble of
wetland that goes up right between A and B. If you eliminate
Building A, you can not slide the whole thing down. So, we took
the approach of reducing other buildings farther down. So, we've.
taken two other buildings from four bays wide to three bays wide.
Councilor Hines stated that if you took out Building A you could
reduce the asphalt that you have and you could rotate the other
building. Mr. Smith noted it certainly opens that end, but it,
doesn't offer the opportunity to open the other end of the site -
it doesn't carry on to the east - it opens up the west only.
Mr. Smith noted that when they did the drainage study, this
particular site, unlike other riparian areas along the river, has
such a run off now because of the surface that is up there,.that
building on the site actually is a reduced run off, from what is
there,existing. There are no grasses, meadows,, etc. to absorb
the site: 'Ironically, landscaping that'we will be adding for the
project, will actually enhance the absorption of run off.
Councilor Yoder questioned projection for, phasing and projected
build-.outs .'Mr. Donaldson stated,=on Lot 3.we expect to do that
in one phase. Mr. Spanel added it could potentially be two
phases - it is obviously going to be dictated by sales. If it is
phased; it will be split - Buildings.l,_'2, & 3 would be phase 1
and Building 4 would be phase 2. Mr. Smith noted we would start*
with the second building and build contiguously.
Mayor Pro-Tem Nottingham expressed concern, during design review,
of aesthetics to the river and the stepping of the buildings.
Mayor Pro-Tem Nottingham expressed concern of buildings setting
on riparian areas. Mayor Pro-Tem Nottingham expressed concern of
land dedication to the Town versus strong public use easement.
Mr. Spanel stated an easement is not a problem.
Councilor Fawcett motioned to approve Ordinance No. 95-7, Series
of 1995, on first reading. Councilor Yoder seconded the motion.
Mayor Pro-Tem Nottingham called for a roll call vote.
The motion carried unanimously.
Second Reading of Ordinance No. 95-2, Series of 1995, AN
ORDINANCE REPEALING AND REENACTING CHAPTER 15.08 OF THE AVON
MUNICIPAL CODE; ADOPTING BY REFERENCE THE 1994 EDITION OF THE
UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, REPEALING CHAPTER
15.16 OF THE AVON MUNICIPAL CODE AND SETTING FORTH DETAILS IN
REGARD THERETO
Second Reading of Ordinance No. 95-3, Series of 1995, AN
ORDINANCE REPEALING AND REENACTING CHAPTER 15.12 OF THE AVON
MUNICIPAL CODE; ADOPTING BY REFERENCE THE "NATIONAL ELECTRICAL
CODE", 1993 EDITION
Second-Reading of Ordinance No. 95-4, Series of 1995, AN
ORDINANCE REPEALING AND REENACTING CHAPTER 15.20 OF THE AVON
MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM PLUMBING
CODE", 1994 EDITION
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Second Reading of Ordinance No. 95-5, Series of 1995, AN
ORDINANCE REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON
MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL
CODE", 1994 EDITION
second ;Reading,of' Ordinance-No. 95-6, Series,of 1995, AN
ORDINANCE'REPEALING CHAPTER 15.32 OF THE AVON 'MUNICIPAL CODE AND
REENACTING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY
REFERENCE THE "„UNIFORM FIRE CODE", 1994,EDITION
Mr. James'reminded back in January, Council passed, on first
reading, all these Ordinances regarding the uniform building and
fire codes. That gave us about six weeks`between first reading
and the public hearing tonight, mainly for the building community
to have an opportunity to review these and to comment. Mr. James
suggested to approve all Ordinances as presented by staff, if
there are no real objections during the public hearing process.
Mayor Pro-Tem Nottingham opened the meeting to public hearing.
Mr. Ed Smith, architect in Colorado, expressed concern that calls
for a violation of the building code being considered a
misdemeanor. At a minimum, the language is vague; who is that
person that is going to be fined or put in jail for not to exceed
90 days? Is it a president of a corporation, or the field
superintendent, or etc.? The financial penalties by red tagging
a building are a severe financial burden to most. Mr..James
stated this is already existing in our current code. Attorney
John Dunn added it is consistent with general practice. Attorney
Dunn noted corporations can't go to jail; corporations can be
fined.
Hearing no further public input, Mayor Pro-Tem Nottingham closed
the public hearing.
Councilor Yoder motioned to adopt Ordinances 95-2 through 95-6,
Series of 1995, on second reading, as presented with the written
recommendations by staff. Councilor Hines seconded the motion.
Mayor Pro-Tem Nottingham called for a roll call vote.
The motion carried unanimously.
New Business was the Proposal to Provide Refrigerated Air
Conditioning Design for Avon Municipal Building:
Mr. Larry Brooks reminded that money has been appropriated in the
1995 budget to install air conditioning in the municipal
building. Yoder Engineering was one of the original contractors
on the building and has submitted a scope of services for the air
conditioning. The proposal is for $8,000, leaving a total of
$70,125 to perform the actual work. Staff recommends approval.
Councilor Fawcett motioned to approve the proposal for air
conditioning the municipal building at a budgeted cost, not to
exceed $78,125. Councilor Hines seconded the motion. The motion
carried with Councilor Yoder abstaining.
Other Business was the Vail Valley Tourism & Convention Bureau:
Mayor Pro-Tem Nottingham stated the Vail Valley Tourism &
Convention Bureau has requested to meet with Council on April
11th. This is a regularly scheduled Council Meeting. Time was
questioned. Mr. James will communicate to them to coordinate an
available time.
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Town Attorney Report:
Attorney Dunn informed that he has now received the deed and
agreement from Terrence Allen, signed and notarized.
Other Business:
Councilor Hines announced he attended a NWCCOG meeting and the
elevator program seems to be very positive.
Councilor Hines announced he attended the Eagle County
Transportation Summit.
Councilor Yoder announced that she, Councilors Carnes, Fawcett,
Hazard, and Hines all attended the CAST meeting in Grand
Junction.
Consent Agenda:
a.) Resolution No. 95-11, Series of 1995, A RESOLUTION AMENDING
THE 1995 BUDGET
b.) Resolution No. 95-12, Series of 1995, A RESOLUTION APPROVING
THE FINAL PLAT FOR THE RESUBDIVISION OF LOTS 32/33, BLOCK 1,
BENCHMARK AT BEAVER CREEK, TOWN OF AVON,-EAGLE COUNTY,
,COLORADO
c.) Approval of the February 14, 1995 Council Meeting Minutes
d.) Financial Matters
Councilor Yoder motioned to approve the Consent Agenda.
Councilor Fawcett seconded the motion and the motion carried
unanimously.
Adjourn:
There being no further business to come before Council, Mayor
Pro-Tem Nott_inghamIcalled for a motion to adjourn. Councilor
Hines moved to'adjourn. The motion was seconded by Councilor.
Yoder. The meeting was adjourned by Mayor Pro-Tem Nottingham at
9:32PM
RESPECTFULLY SUBMITTED:
Patty Neyh rt,
Town Clerk
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