TC Minutes 04-23-1996MINUTES OF 'THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 23, 1996 - 5:30 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 J. Reynolds at
5:31PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, Torn Hines, and Judy Yoder present.
Councilor Celeste C. Nottingham was absent. Also present were
Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney
John Dunn, Police Chief Gary Thomas, Director of Municipal
Services Larry Brooks, Director of Community Development Mike
Matzko, and Planner Karen Griffith, as well as members of the
press and public.
Citizen Input: Leash Law Concern / Mike Corral
Mr. Mike Corral, a resident of the Town.of Avon since 1989,
stated he received a call from Community Services Officer Mr.
Steve Hodges, regarding a complaint of Mr. Corral's dog being off
leash. Mr. Corral informed he was playing Frisbee with his dog,
in the street, in front of his house, when Councilor Yoder
complained to Mr. Hodges that the dog was off leash. Mr. Corral
asked Council to see what the process is to get open space and
drainage areas opened up to take a dog off lead to get exercise
and / or training.
Council discussed the leash law . . . what constitutes control -
leash control, voice control, wildlife issues, and safety.
Community Services Officer Hodges noted that the Wildridge
covenants discourage the ownership of dogs in Wildridge due to
wildlife concerns. A leash free zone should be somewhere out of
a wildlife area, a fenced area, and a volunteer organization to
take care of the area. Mayor Reynolds, Councilor Hines, and
Councilor Carnes complimented Community Services Officer Hodges
on doing a very good job.
More discussion followed on the leash law.
Councilor Fawcett invited Mr. Corral to exercise his dog on
Councilor Fawcett's Wildridge property. Mayor Reynolds added he
takes his dogs down valley to a friend's ranch to exercise.
Councilor Benson suggested contacting owners' of open lots to see
if they would let Mr. Corral exercise his dog on their private
property.
Mr. Corral stated he is going to continue business as usual
because his dog is not out loose attacking garbage cans. The
only time the dog is outside is when Mr. Corral is with it. Mr.
Corral noted if he incurs problems, Council will see him again.
Mr. Corral added he will continue to walk his dog out on Beaver
Creek Point, like everybody else does. Mr. Corral stated
hopefully he can get some good neighborship going and thought
there just needs to be a little bit more tolerance in the world.
Mr. Jack Hunn, a 12 year resident of the Wildridge subdivision,
spoke in favor of the leash law and mentioned the Wildridge
covenants. Mr. Hunn asked Council to step up the enforcement of
the leash law.
Ms. Sue Fontanese, resident of Wildridge, spoke in favor of the
leash law. Ms. Fontanese echoed.Mr. Hunn's request to step up
enforcement of the leash law.
Community Services Officer Hodges explained offensives and fines.
Mayor Reynolds announced that presently, it remains the same.
Mr. Corral asked if Council would reconsider, if there was a
substantial petition drive to allow dogs off lead for training
purposes. Mayor Reynolds responded Mr. Corral is entitled to
come before Council with a petition at any time.
Citizen Input: Eagle Valley's Centralized Vehicle for Community
Health & Service Giving / Ry Southard
Mr. Southard discussed Eagle County's grass-roots effort to
develop a United Way. Mr. Southard asked Council for public
support and to appoint a representative to be part of the
planning.
Councilors Fawcett and Yoder expressed support and thought United
Way is a great idea. Councilor Carnes thought United Way was a
great idea as they focus just on health and human "services.
Councilor Hines thought it not necessary to appoint a member of
Council. Councilor Hines thought a member of Council might
volunteer, plus any member of Council might attend their
meetings.
Councilor Hines asked. about seed money. Mr. Southard stated
there is a possibility seed money will be requested, but not at
this time.
Ordinances:
Second Reading of Ordinance No. 96-6, Series of 1996, AN
ORDINANCE REPEALING ORDINANCE NO. 95-23-AND REENACTING CHAPTER
10.04 OF TITLE 10 OF THE AVON MUNICIPAL CODE
Mayor Reynolds announced this is a public hearing.
Town Attorney,John Dunn st'n~'.-.Pd this Ordinance re-adopts the
current edition of the model traffic code. The Ordinance
includes provisions of the Town's ordinances which should not
have been repealed the first time the model traffic code was
adopted.
Councilor Hines motioned to approve, on second reading, Ordinance
No. 96-6, Series of 1996. Councilor Fawcett seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 96-7, Series of 1996, AN
ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD
DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO
ALLOW SEASONAL GARDEN CENTER THROUGH OCTOBER OF 1996 AND THE
STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT
2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds announced this is a public hearing.
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Town Planner Karen Griffith informed the request is to amend the
PUD to allow a temporary garden center on Lot 1 through October,
1996 and to allow thE' storage of nursery materials through
October, 1997. Currently, the applicant has approval to have the
storage of nursery materials through October, 1996. Staff
originally recommendEd denial based on concerns that it was not
in compliance with the comprehensive plan, because the site
location is at a key entrance to the Town and concerns of a
temporary business. The Planning & Zoning Commission (P & Z)
held a public hearing and recommended approval. Their finding
was temporary landscaping could be installed to address the
aesthetic concerns. P & Z recommended approval with five
conditions. The Ordinance tonight has been amended to reflect
the concerns of Council at first reading.. The Ordinance now has
seven conditions of approval. Planner Griffith read all seven
conditions.
Mayor Reynolds asked about water rights. Planner Griffith stated
that has not been reviewed with the applicant. Planner Griffith
understood that if the water rights are a problem, the applicant
has mentioned he is able to truck in water.
Councilor Carnes asked if all seven conditions have been met.
Planner Griffith informed the applicant has not amended the plan
to address these. They could easily be done. Some of them are
conditions to be done during the operation.
Discussions focused on the work that has occurred already on the
property. Planner Griffith added a stop work order was issued.
Work has ceased and follow up action has not been determined. No
other work has proceeded except the storage of plant materials.
Mayor Reynolds voiced concern about the vehicles being stored on
the property. Mr. Jones stated the landscape trucks are on the
property, as well as some flat bed trailers and an office
trailer. Mr. Jones thought the truck storage is not clearly
defined in the uses. Mr. Jones' intent was to be open in Edwards
and the vehicles would have been there in March. As he
progresses on the site in Edwards, Mr. Jones will be moving the
vehicles there. Mr. Jones talked with Mr. Jen Wright, as he was
concerned with the vehicles. Mr. Jones will move the vehicles
down valley as soon as he -an. Mr. Jones hopes to be open in
November in Edwards.
Councilor Hines mentioned traffic. Councilor Hines asked how
many vehicles Mr. Jones has for his business. Mr. Jones stated
four pickups and a water truck, a backhoe and a skid steer. Mr.
Jones noted he may have eight, possibly ten employees come in,
park, and take the company vehicles. Mr. Jones thought the
vehicles were less obtrusive if they were back on Lot 2.
Discussion centered on storage of vehicles. Councilor Yoder
thought if Council was going to allow the storage of vehicles on
Lot 2 then the Ordinance should be written accordingly. Planner
Griffith thought, with regard to Lot 1 use, the vehicles could be
consider accessory to that use, as a garden center. Planner
Griffith thought, with regard to Lot 2, the Ordinance really
wasn't written to authorize the storage of vehicles. As written,
it is for storage of nursery stock and Planner Griffith didn't
really see storage of vehicles as accessory to the storage of
nursery stock.
Councilor Fawcett asked what will happen to those vehicles in
October, 1996. Mr. Jones stated currently his plan is to move
the entire operation to Edwards. Councilor Fawcett asked about
the storage of nursery stock through October, 1997. Mr. Jones
noted he has a limited capacity as he has only one acre in
Edwards.
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Mr. Jones continued_ he is currently looking for another site
where he can permanently store larger quantities of trees and
that is the reason for the request to extend until October, 1997.
Mr. Jones reiterated, the trucks and vehicles will go to Edwards
and he will take as much as will fit on the site.
Councilor Fawcett suggested, with Mr. Jones' unsurities and
Council's unsurity of how it is going to look, leaving the
seasonal garden center through October, 1996 and storage of plant
materials only until October, 1996. Then see how it looks. Mr.
Jones can come before P & Z and Council, at that time, if he
needs future relief.
Councilor Hines interjected there is no current lease. Mr. Jones
noted the lease corresponds with the request of the PUD. Mr.
Jones added he is waiting for the lease from Mr. Tang.
Discussions centered on both uses expiring at the end of October,
1996.
Councilor Hines motioned to approve on second reading Ordinance
No. 96-7, Series of 1996, An Ordinance providing for the
amendment of Ordinance No. 83-21, PUD development plan, Benchmark
Subdivision, (Wildwood Resort) to allow Seasonal Garden Center
through October of 1996 and, with the following amendment, the
storage of trees and nursery stock through October of 1996 on Lot
2, Wildwood Resort, Town of Avon, Eagle County, Colorado and that
all dates therein, within the Ordinance comply with the title of
the'Ordinance. Councilor Benson seconded the motion.
Mayor Reynolds called for a roll call vote'.
The motion carried unanimously.
Resolution:
Resolution No. 96-8, Series of 1996, A RESOLUTION ADOPTING
TRAFFIC CONTROL SCHEDULES PURSUANT TO SECTIONS 1101 AND 1102 OF
THE MODEL TRAFFIC CODE
Councilor Hines motioned to approve Resolution No. 96-8, Series
of 1996. Councilor Benson seconded the motion and the motion
carried unanimously.
Mayor Report:
Mayor Reynolds announced that he, as well as Town Manager-Bill
James, has been appointed to the Organizing Committee for the
1999 World Championships. Mayor Reynolds noted a couple of
Council members wanted to know if the Council was going to be
represented and Mayor Reynolds added Council is represented.
Mayor Reynolds announced he received an invitation to the second
annual Bobfest in Oregon in July.
Other Business:
Councilor Hines gave an update on the County's public hearing on
the airport issue - the building of a second terminal.
Mayor Reynolds announced the newly appointed Planning & Zoning
Commissioners are Andrew A. Karow, Suzanne Railton, and Michael
J. Schneider.
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Councilor Carnes informed the Marketing,Board will be coming
before Council with a report within the next six weeks.
Councilor Hines noted the Transportation Committee will be coming
before Council the first meeting in May to present their
quarterly report.
Consent Agenda:
a.) Approval of the April 9, 1996 Council Meeting Minutes
b.) Resolution No. 96-10, Series of 1996, A RESOLUTION
SUPPORTING THE REVISED 208 WATER QUALITY MANAGEMENT PLAN
AS PREPARED BY NWCCOG AND ADOPTING THE EAGLE RIVER WATER
QUALITY MANAGEMENT PLAN PORTION OF THE 208 PLAN AS A
GUIDELINE FOR DEVELOPMENT WITHIN THE TOWN OF AVON
c.) Commercial Credit Card Account Agreement
d.) Eagle Valley Temps, Inc. Contract for Community Development
e.) Street Use-Permit Between Town of Avon & Colorado Mountain
Express
f.) Annual Audit Contract with Van Schooneveld & Co., Inc.
g-) Winston & Associates master planning for Lot 16 & Wildridge
Tract D park sites
h.) Restructuring Personnel in Recreation Center
i.) Alteration - Bridge over Lazy River in Recreation Center
j.) Financial Matters
k.) Expanded Summer Bus Service
Councilor Benson motioned to approve the Consent Agenda.
Councilor Yoder seconded the motion. The motion carried with
Councilor Carnes opposed.
Adjourn:
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 Benson. The
meeting was adjourned by Mayor Reynolds at 7:14PM.
Y SUBMITTED:
Patty Neyh
Town Clerk
APPROVED:
,E.Z'YYZ
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