TC Minutes 07-11-1995i 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 11, 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 Albert Reynolds at
7:30PM. A roll call was taken with Councilors Richard Carnes,
Jack Fawcett, Tom Hines, and Judy Yoder present. Councilors Jim
Benson and Celeste C. Nottingham were absent. Also present were
Town Manager Bill James, Town Clerk Patty Neyhart, Town Engineer
Norm'Wood, Director of Municipal Services Larry Brooks, Fire
Chief Charlie Moore, Director of Community Development Mike
Matzko, and Planner Karen Griffith, as well,as members of the
press and public.
Citizen Input: Cassidy's Application for Outdoor Use of Sound
Amplification System (Jane Tobler)
Ms. Jane Tobler presented a cover letter, (see attached Exhibit
A) which Mayor Reynolds read in it's entirety. -The five
additional letters were of neighboring businesses expressing
approval of the application for outdoor use of sound. Ms. Tobler
mentioned the volume would be kept low. The sound was intended
only for background music for guests on the deck. Ms. Tobler
noted a separate amplifier would be kept in a lock closet and
access would be limited to management staff.
Councilor Hines asked what the noise decii
town. Town Attorney Dunn stated the town
decimal level. Councilor Hines expressed
to the surrounding neighbors. Ms. Tobler
for her to remain a good neighbor as some
her best customers.
nal level is, for the
has never established a
his concern with regard
noted it is important
of the neighbors are
Councilor Yoder expressed concern of perpetuity in case Ms.
Tobler leaves or Cassidy's changes hands. Councilor Yoder
suggested to approve on a temporary basis and if it works then
review on an annual basis. Ms. Tobler had'no problem with that
suggestion.
Councilor Fawcett motioned approval of Cassidy's application for
outdoor 'use of a sound amplification 'system on a trial basis" for
thirty days from today's date and request that Cassidy's come
back and indicate to us how the system has performed. Councilor
Yoder seconded the motion and the motion carried unanimously.
Citizen Input: Eaglebend Drive Fence (Walter Dandy)
Mr. Walter Dandy requested Council to take the plastic strips out
of the chain link fence recently installed along Eaglebend Drive.
Mr. Dandy is circulating a petition of the neighboring property
owners. Mr. Dandy gave a sample of the petition (see attached
Exhibit B) to Mayor Reynolds. Discussion followed on costs of
the fence and the strips, and possible reimbursement of the
strips. Mayor Reynolds suggested Mr. Dandy complete the petition
process, so that there is a consensus of the neighborhood, to
take the strips out. Council's consensus was to leave the fence
as a necessary barrier. Once the petition is completed, Council
will review again for possible removable of the plastic strips.
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Second Reading of Ordinance No. 95-11, Series of 1995,- AN
ORDINANCE AMENDING-CHAPTER 9.12 OF THE'MUNICIPAL CODE OF THE TOWN
OF AVON AS IT RELATES TO CONSUMPTION OF MALT, WINE AND SPIRITUOUS
LIQUORS IN PUBLIC PLACES AND PROVIDING PENALTIES 'FOR THE
VIOLATION HEREOF
Attorney Dunn thought the three suggestions of Police Chief Gary
Thomas, that,were outlined in.his memo.; were good ones and
presented an amended Ordinance 95-11 incorporating those
comments. Attorney Dunn detailed-the changes in the amended-
Ordinance.
Councilor Hines stated that the way the amended Ordinance reads,
any individual 21 years or older can consume 3.226 as long as
there are signs posted. Attorney Dunn stated that is right.
Councilor Hines thought the intent was to permit, per the
recreation department.
Councilor Carnes asked what was Police Chief Thomas's point in
adding the deal with the signs. Attorney Dunn did not-know.
Councilor Fawcett echoed Councilor Carnes thoughts. Town Manager
Bill James thought the reason behind Chief Thomas's ideas was so
that they did not have to go through the permitting process.
Recreation Director Meryl Jacobs added enforcement reasons. Town
Manager James thought the suggestion came from Gary Bates - that
is what they do in other community parks - they.allow consumption
of 3.2% beer during specific hours. Councilor Hines did not
think it was a good public image to have that kind of signage in
the-park. Town Clerk Neyhart thought one of the ideas was that
it would allow a couple to enjoy a beer or wine cooler with their
picnic. However, the 3.2% beer would need to be changed to 3.2%
alcohol, because there are 3.2% wine coolers.
Town Manager James reviewed the progression-and reasonings of
discussion this evening. 3.2% beer is not regulated by the open
containers law - by the state statutes. So,-Council can allow
3.2% with picnics in the park.
Councilor Fawcett motioned upon second reading the approval of
Ordinance No. 95-11, Series of 1995 (original version).
Councilor Yoder seconded the motion.
Attorney Dunn noted that providing an exception for when a
special events permit has been granted pursuant to state law is a
valid point. You do not want to have a conflict between the
Ordinance and a situation where a special events permit has been
issued.
Councilor Hines asked Attorney Dunn where that should be
inserted. Attorney Dunn stated you can just take the,language
contained in subparagraph 1 of the redraft which I have
circulated to you and insert that in there.
Councilor Fawcett moved to amend the motion Ijust made with
respect to Ordinance No. 95-11, Series of 1995 to add a paragraph
which states it shall not be unlawful for'any person to consume
any malt, vinous,,or spirituous liquor in.any such location when
a special events permit has been issued pursuant to Article 4'8,
Title 12, Colorado Revised Statutes and as go amended I move the
approval of Ordinance No. 95-11, Series of 19-95. Councilor Yoder
seconded the motion.
Mayor Reynolds opened the meeting for public input. Hearing no
one the Mayor called for a roll call vote.
The motion carried unanimously.
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First Reading of Ordinance No. 95-13, Series of 1995, AN
ORDINANCE ADDING CHAPTER 17.08.705, DEFINING "RIPARIAN ZONE", TO
THE MUNICIPAL CODE OF THE TOWN OF AVON, AND REPEALING AND
REENACTING CHAPTER 17.50.110 AS IT RELATES TO STREAM SETBACK
PROVISIONS
Mr. Bill James reminded that at last meeting Staff presented
Council with a number of alternatives. 'Those alternatives -
included the current 30' from annual mean high water mark, 501,
751, and mapping the riparian zone. Mr. Matzko was directed to
talk with the property owners. And, based upon that discussion
and discussion with staff, Mr. Matzko was to come up with a
recommended Ordinance addressing-river setbacks and riparian
areas. Mr. James added that when staff reviewed, they looked at
trying to protect the riparian zone. And, if that is the wish of
Council,, then riparian zones is what we should map - that is what
is included.in the Ordinance.
Director of Community Development Mike Matzko stated his
department did contact various property owners, .for their input.
Mr. Matzko added he did not have the length of conversation and
in some cases was unable to reach the property owners.
Councilor Fawcett stated the crucial thing to him is the taking
without just compensation.
Mr. Matzko stated he contacted Mauri Nottingham.
Town Planner Karen Griffith informed she spent the first couple
of weeks just going over the river and mapping the vacant land
and developed land. Then they mapped out where the 30', 50' and
75' line would be. Based on that research, there were only
approximately four parcels that would be affected if this
Ordinance passed. Town Planner Griffith contacted, in one way or
another, all four of the affected property owners last Friday.
Field research was needed prior to contacting the owners and also
to get a handle on what was to be proposed. Two properties were
in Riverside. Frank Navaro represented one of them. The other
was Golden Buff Enterprises, out of Glenwood Springs. A message
was left for Buff Arnold. Town Planner Griffith noted she mailed
communication to all four property owners. .Town Planner Griffith
continued listing the properties - there were two in Eaglewood,
west of Sunridge. Frank Navaro represented the Laurie Family
Trust. Tim Garton represented Avon Ranch. Vail Associates was
mailed communications, even though that property is not in the
town presently. Town Planner Griffith presented maps for
Council's review.
-Councilor Carnes questioned definition of riparian zone within
the Ordinance. Councilor- Carnes noted the Army Corps of
Engineers said that there is really no definitive definition.
Mr. Matzko stated the definition was taken with minor
modification from the Eagle River plan. The source of that
definition was the Corps of Engineers, U.S. Forest Service, etc.
Councilor Fawcett noticed that a section of the Ordinance states
the minimum setback it 75' from the mean annual water level. Mr.
Matzko stated that is correct. Councilor'Fawcett questioned 75'
is the minimum - it.could be further back? Mr. Matzko stated
that is correct. Councilor Fawcett stated if-this Ordinance is
passed we are changing the setback from 30' to 751. Councilor
Fawcett noted we also indicate the town is going to employ some
guru who will be a botanist or soil scientist or biologist or
other qualified professional. That guru will then go in and make
another determination as to where the setback might be. Not-only
is the property owner not assured that 75' will be it, but now-he
might be subject to the guru's interpretation. Councilor Carnes
added that is because of the vagueness of riparian areas.
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Mr. Matzko stated the intent staff had was to provide the
opportunity for some negotiation and some flexibility, working
with the property owner. If you cut off some area from
development, what is done in exchange? And, this allows some
opportunities for doing that.
Councilor Hines stated this definition for riparian zone will
probably be a common definition, per the Eagle River Management
Plan. Mr. Matzko agreed.
Councilor Hines,, f,eIlt the 75' would adequately take care of most
of the riparian environment along the river corridor. Mr. Matzko
stated it depends on the area - in many.cases it would exceed the
riparian zone - :in'other cases it wouldn't.
Councilor Hines questioned the "guru". Town Manager James
thought we were going to map the area-to take-out the question
for the property owner'and for Council.- so,there is not a
debate. When you are mapping an area,'you are establishing the
riparian zone, rather than have a kind of floating boundary line.
Mr. Matzko noted he was not clear in that.
Councilor Hines stated that at some point in time we have to
establish a minimum to work from. Councilor Hines also noted
that this Ordinance would apply to properties currently un-built,
not approved, or down the road when we hit the rebuilding
process.
Councilor Yoder stated the town has had 30' setbacks since the
town was incorporated. If we had started with 501, I would have
supported it all along. I think that is probably better. To
wait until we have the last four property owners that would be
affected - I can't support that change. We are talking about
taking property rights without compensation and I don't believe
that is fair.
Councilor Carnes agreed on the reasoning behind the last four
property owners, and added we obviously have to think longterm
as to which way the town is going to expand. Councilor Carnes
suggested to wait for Councilor Nottingham, since she has spent
so much time on this issue. Councilor Yoder interjected that she
is the first one to say when you have a quorum, you do business.
Councilor Fawcett motioned that Ordinance No. 95-13, Series of
1995 not be adopted. Councilor Yoder seconded the motion. The
motion carried with Councilor Hines opposed. (Ordinance No. 95-
13, Series of 1995 did not pass first reading).
Resolution No. 95-37, Series of 1995, A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR EAGLERIDGE TOWNHOMES, A RESUBDIVISION.OF LOT
79, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds announced this is a public hearing.
Town Engineer Norm Wood stated CCI Development Group has
submitted an application for preliminary plat,approval for
Eagleridge Townhomes, which is a six unit townhome project
located on Lot 79, Block 1, Wildridge. This project has been
through the design review process of the P &-Z and is under
construction. With six units, it does not qualify for
consideration as a minor subdivision, so it does require a
preliminary plat review. The required notices have been posted
and mailed. In response to the public hearing, we did receive a
letter from Peter Vavra. Staff recommends approval of Resolution
No. 95-37.
Mayor Reynolds read Mr. Peter Vavra's letter in it's entirety
(see attached Exhibit C).
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Mr. Wood, in response to Mr. Vavra's letter, stated the approval
is already in place. This is merely a subdivision plat to allow
the sale of the units. There are maximum setbacks of 20' in
Wildridge and Mr. Vavra mentions 50-60' and that is more than the
minimum. This does fit within the perimeters of the town
guidelines. Mr. Wood noted that Mr. Vavra's concerns should have
been expressed at the design review stage.
Councilor Hines motioned to approve Resolution No. 95-37, Series
of 1995. Councilor Yoder seconded the motion and the motion
carried unanimously.
New Business: Tennis Courts / Change Order #1
Director of Municipal Services Larry Brooks reminded that Mr.
Spanel had informed Council of the need for this-change order.
The purpose for this change order is for additional screened
rock. The agreed settlement was to pay for 300 tons of screened
rock in the amount of $4,500 additional to the contract. Mr. '
Brooks stated the recommended action is to approve Change Order
#1 as presented this evening. Councilor Hines said, "So moved".
Councilor Yoder seconded the motion and the motion carried
unanimously.
New Business: Avon Flag Donation to the Library
Mayor Reynolds said he would like to bring up a flag being
donated by the town to the library - if it is-Council's desire.
Mayor Reynolds;=believed the library to display the Country, the
State, and the. Town.-Councilor Yoder-added these will be indoor
flag stands. Councilor Hines asked if the town was giving the
flags.', Mayor Reynolds suggested the town give the library the
flags.,..Councilor Yoder interjected just the'Town of Avon'..s flag.
Mayor Reynolds°asked',how much a flag cost. Mr. Brooks thoughta
flag to be around $70-$80. Mr. Brooks informed he would purchase
a banner and put grommets in it, so it,can be displayed either as
a flag or banner.
Discussion centered on the flag poles at the entrance of town.
Mr. Brooks stated the contractor promised he will be here this
next week to start work. It will take approximately ten days for
four poles to be installed.
Town Attorney Report: Terence Allen
Town Attorney Dunn asked if Council had seen the letter regarding
Terence Allen from Mr. Matzko.
Mr. Matzko informed Mr. Allen was issued a certificate of
occupancy on June 30, 1995.
Consent Agenda:
a.) Approval of the June 22, 1995 Council Meeting Minutes
b.) Resolution No. 95-38, Series of 1995, ARESOLUTION
APPROVING THIRD SUPPLEMENTAL PLAT AND CONDOMINIUM MAP,
BRIDGEWATER TERRACE CONDOMINIUM, LOT 8, BLOCK 3, BENCHMARK
AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO
c.) Financial Matters
5
Councilor Yoder- motioned to approve the Consent Agenda.
Councilor Fawcett "seconded the motion and the motion carried
unanimously.
Adj ourn :
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Fawcett moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 8:58PM.
RESPECTFULLY SUBMITTED:
Patty Ney $t,% CMC
Town Clerk
6
~E%HB;IT A -
\ OF.E M 'FfM
Council Members,
July 11, 1995
I want to first thank you for taking the time to review the sound permit for Cassidy's Hole in the
Wall. In applying for this permit, I thought it was necessary to visit the neighborhood and discuss
with the other business owners/managers our plans to install outside speakers on Cassidy's deck.
Although the intent of having outside speakers is strictly for background music, with volume
levels that should reach no fiirther than the physical area of the deck, I thought it was important to
discuss any possible concerns regarding impact on their business or work environment. Enclosed
are letters from five of our closest neighbors.
I feel strongly that providing a little bit of music on the deck for our guests will enhance'their
experience at Cassidy's. I sincerely appreciate your consideration.
Respectively,
ane E. Tobler
Director of Operations
P.O. Box 5770 * 82 East Beaver Creek Boulevard
Avon. Colorado 81620 * 303-949-9449 * 303-949-7045 - * office: 303-949-0252
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INSURANCE MANAGEMENT. INC.
"The Insurance People"
P.O. Box 918
AVON. COLORADO 81620
July 7, 1995
TO: Town of Avon
RE: Music at Cassidys
To Whom It May Concern:
Jane Tobler came to talk to us from Cassidys regarding music
on their deck for entertainment to guests.
We ve no objection as long as the music is not too loud.
he Arrow Insurance Team
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Rose Sandoval
.Office Manager
(303) 949-8110
Opy C'Opy-
Colorado Copies, Inc.
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142 Beaver Creek Place • P.O. Box.2174 • Avon; CO 81620 • (303) 949-9385 • FAX (303) 949-9387
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The Goldsmith Shop
P.O. Box 1067 • 142 Beaver Creek Place • Avon, Colorado 81620 • (303) 949-1225
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0 - 0
tE%FiI-BIT ---B'
Avon Town Council
Ladies and Gentlemen:
C /(L
We the undersigned, are residents and/or property owners of the Eaglebend Drive dwellings east of
Stonebridge which directly face the new chain link fence. We petition for the immediate removal of the
artificial wood (plastic) strips which are now being inserted in the fence. We share a confidence that
any reasonable observer would see-their continuing presence as deleterious to the interests of the
neighborhood for the following reasons:
1. There is no advantage to opacity in that fence. Contours of the land make hiding of the railway bed
impossible, even if it were desirable.
2. The fence, with its plastic strips, remains somewhat transparent, thus rendering an at best misguided
justification spurious.
3. When the old fence was removed, suddenly a walled in effect was replaced by truly pleasant
uninterrupted vistas. These enhanced the roadway and the neighborhood.
4. The plastic strips do not justify their aesthetic cost through meaningful contribution to sound
insulation.
5. The plastic transforms an unpleasant but nearly invisible eyesore (wire fence) into a truly
conspicuous one.
6. The plastic will present an ongoing maintenance problem. Kids will emblazon it with graffiti,
remove the odd strip, and throw rocks at it when it gets brittle.
The council is surely aware of the assessment and tax levels imposed on this little community. These
are in part a function of careful architecture, the use of sensitively selected materials in construction,
and the pursuit of high landscaping standards
Any time our taxes are applied to injure our surroundings, we would hope for prior thoughtful analysis
to ascertain that there is some compensating justification. In this case we believe such analysis has not
taken place, with an unfortunate but luckily reversible result.
Please take action right away to remove the strips and restore the desirable transparancy of the fence.
very truly yours,
Name:
Signature:
Address: 6 '5 Q Eaglebend Drive I
Mailing Address: " kj P U t-ftl,~ KS-O-ck- G--u/
Va,t.%t , C, k f L ->--r,
Phone: (H): (5Lf3
Comments:
V cry v~ 1~►1 l L~ y'il/ t 1-l E. 1i 15
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EXHIBIT C
RECEIVED
JUL 11 1995
TOWN OF AVON
IN-
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