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TC Minutes 05-14-1996"1.215 Oius MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 14, 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 5:30PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Tom Hines, and Celeste C. Nottingham present. Councilors Jack Fawcett and Judy Yoder were absent. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Director of Municipal Services Larry Brooks, Director of Finance Scott Wright, Special Events Coordinator Alastair Lyall, Administrative Assistant Jacquie Halburnt, and Planner Karen Griffith, as well as members of the press and public. Citizen Input: Building of 2nd Terminal at Eagle County Airport Mr. Craig Colby was not in attendance to discuss this matter. Ordinances: First Reading of Ordinance No. 96-8, Series of 1996, AN ORDINANCE REZONING FROM RHDC TO PUD AND APPROVING A PUD DEVELOPMENT PLAN FOR LOT 1, EAGLEWOOD SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Karen Griffith noted this Ordinance is a proposal for Lot 1, Eaglewood Subdivision, known as the Brookside development, to rezone from the existing residential high density commercial (RHDC) to planned unit development (PUD) zoning. The proposed rezoning would allow limited commercial uses, such as professional offices, mpdica' offices, and has reduced the'amou_nt of units from the existing development that has been approved from 96 units to 46 units. The amount of commercial,square footage is 29,000. The foot prints of the buildings remain the same and one building would be removed from what we have on the books right now. Councilor Nottingham requested clarification . . . this is the old Meyers ranch . . then Garton's? Planner Griffith stated yes. Councilor Nottingham asked if the neighboring property owners, such as Sunridge, will be notified of this proposed change. Mr. Rick Pylman responded that the owners were notified of the Planning Commission public hearing and added that the management company wrote a letter of support for the project. Mr. Rick Pylman, representing Frank Navaro of Navaro & Company , and the Lowery Family Trust, who are the owners of the property, outlined the history of the project. Lot 1 of the Eaglewood 'Subdivision is a 4.7 acre parcel. Mr. Pylman described the property and detailed the location of the property with the support of an aerial photograph. Lot 1 is all on the south side of the river. There were actually three lots in the Eaglewood Subdivision; Lot 1, Lot 2, and Tract W. Lot 2 is not under Mr. Navaro's control. This application is only for Lot 1. Mr. Navaro owns Tract W, which is essentially the Eagle River - a little land on the north side of the Eagle River. It seems this has been created to be the river set back. Mr. Pylman continued, as part of the 1981 annexation agreement, a time frame was set up and actually, sometime next year, Tract W automatically reverts to Town of Avon ownership. The property, as annexed, was zoned for 130 units. Mr. Navaro bought the property in February, 1994 and started a design review process. The project was first submitted as a 96 unit townhouse project. Both P & Z and the developer agreed that that was not the best approach. Mr. Pylrnan described the property and highlighted the big line of cotton wood trees following the ditch. In order to accommodate the 96 units, the lot would have basically needed to be leveled and the ditch covered. Next proposed was a four building approach, with 96 units, that were four story buildings. That received design approval in August of 1994. That approval is still valid until August of this year and could possibly be extended. Upon further review, the proposal presented this evening is even more sensitive to the site. Mr. Pylman reiterated the property currently is zoned RHDC. That zoning, in addition to the 130 units, allows some commercial uses. It allows some retail, restaurant, and service commercial. The concept of the property is office uses and office uses is not specifically listed in the RHDC. After conversing with Staff, the PUD route was determined the way to go. The concept is close to RHDC. The PUD eliminates potential uses such as a 7-11 or liquor store or a restaurant. The uses applied for in this PUD are day time - 8 to 5 - uses and designed to be low impact to the adjacent residential properties that are both Mr. Navarro's and Sunridge. The application is for 46 units and 291000 square feet of commercial space. Mr. Pylman introduced Mr. Navarro as both the developer and architect. Mr. Navarro detailed the project with the assistance of numerous maps and drawings. Mr. Navarro compared his project with a campus. A four story building has been scaled back to two story. The buildings will be steel structures. The cotton wood trees and spruce trees have been included in the project and the ditch will become a possible water feature. A semi private lap pool and two hot tubs will be provided for the employees and residents of the project. Mr. Navarro would like to start the commercial buildings, the site amenities, and the excel and decel lanes in late June. Councilor Nottingham asked for clarification regarding the down zoning. Mr. Navarro bought the property with zoning to allow 130 units, current approval is for 96, then it went to 58 anticipating a four story building. Currently, the application this evening is for 46 units in the two story building closet to Sunridge. Councilor Nottingham asked about building heights. The two story building goes up to 441. Councilor Nottingham asked what the market range is for the residential units. Mr. Navarro responded a two bedroom unit, with underground parking space, is priced at $185-195,000 and the three bedroom units would be in the $230-$255,000 range. The townhouses are expected to be in the $325-395,000 range. The townhouses are 2,100 square feet, four bedroom, four bath, with garage. Councilor Nottingham questioned the 15% reduction in parking. Planner Griffith informed P & Z recommended that the final parking analysis be deferred to the final design review. Planner Griffith read the four P & Z recommended conditions of approval written in the ordinance. Councilor Hines voiced concerned about snow storage. Councilor Nottingham questioned number of parking spaces required versus the number of parking spaces requested. Mr. Pylman explained the parking standards for the Town are 3 spaces per 1,000 square feet of office space and 4 spaces per 1,000 square feet of retail. 2 Mr. Pylman continued, if you figure the project is just office and retail, the applicant is at 4.3 per 1,000 . . . more parking spaces then those two items require. The Town's regulations also include another method of calculating parking in a mixed use project. The purpose is to allow tenants to move in and out and the Town not have to recheck the parking every time a new tenant moves in. And, restaurants are a higher parking use than either retail or office. The mixed use calculation is 5.5 spaces per 1,000 square feet. So, 5.5 on the first floor, 4 on every floor above that, is part of the calculation. Part of that mixed use calculation is an automatic 15o reduction of the total, if the property has no reserved parking, if it is served by a bus, if it is a commercial or PUD zone district and if there is snow storage. If you use that method of calculating the project, you would come out to 116 spaces required on the commercial, with that built in 15% reduction. The project is proposing 124 available to the commercial. And, there are two parking spaces per residential unit. If you didn't take that 1511 reduction, it would be 137 spaces. There are a total of 239 parking spaces. Councilor Nottingham asked about a bus stop. Mr. Pylman noted a bus stop would be built if someone were to bring a bus in there. However, a sidewalk over to the West Beaver Creek Blvd. intersection has been agreed to, so people can walk to the bus stop at the west day lot. Councilor Hines asked., if a specific use is not requested in the PUD, does that limit other uses. Planner Griffith stated the PUD is very restrictive. The use would need to be listed as a use by right or a special review use to move in there. Mr. Pylman added the uses have been amended. Restaurants and sporting goods were eliminated and the wording for medical offices was changed to make that more compatible. The current use list is what is written in the PUD guide. Councilor Hines asked where the sewer line comes into the property. Mr. Gary Brooks, from Alpine Engineering, responded. Councilor Hines asked about the bike path's proximity to the river. Mr. Navarro responded approximately 25' from the river. Councilor Carnes asked about the possibilities of on-site housing for employees. Mr. Narvarro stated all units will be for sale, without any restrictions. Councilor Benson motioned to approve, on first reading, ordinance No. 96-8, Series of 1996. Councilor Nottingham seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-9, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 95-7, NOTTINGHAM STATION, PUD AMENDMENT NO. 2, TOWN OF AVON, EAGLE COUNTY, COLORADO Planner Griffith informed this is an amendment of the building envelopes for A, B, C, & D on Lot 4 of the Nottingham Station PUD. The project name is the Canyon Run project. There was an error in the location of the buildings when they were staked out and the building envelopes are being requested to be modified. This is the only change being requested of this PUD. 3 Planner Griffith continued, the buildings would remain out of the 100 year floor plain and would be outside of the non-disturb area as delineated on the PUD. The Ordinance has been prepared with two conditions and Planner Griffith read those conditions. Essentially, the Ordinance is accommodating moving the buildings 3' closer to the river, with a 2' overhang. The building envelopes would move 5' closer to the Eagle River. If approved on first reading, it would go to P & Z for public hearing and P & Z's consideration and then a second reading to Council for public hearing two weeks from tonight. Mr. Ken Shapiro, President of Shapiro Development Company which is the development manager for Canyon Run, LLC, presented drawings to help show the requested revision of the building °nvelopes. Mr. Shapiro expressed his embarrassment and noted he is very distressed by this problem. Mr. Shapiro is not taking this lightly. As soon as the problem was discovered he immediately took steps to verify the news. Once verified, Mr. Shapiro contacted his lender and scheduled a meeting with the Town. Mr. Shapiro did not ever, in any way, intend for this to happen. Mr. Shapiro asked for relief. Although the error is substantial in distance, a 5' error, Mr. Shapiro hoped Council would view it as not devastating in terms of it's impact on the minimum standards that are required under the Town ordinances. That is, the buildings are still set back from the mean annual water mark, they are :still not within the 100 year flood plain and they have no impact on the wetlands. This error creates some present and significant challenges in maintaining distances and working within, as previously delineated, the no disturb line. Mr. Shapiro is prepared to make that work, even if he receives relief. The parties seeking relief extend beyond the owner of the land. Should they not obtain this relief, it would create severe economic consequences for the construction lender, the general contractor, the surveyor, all the subs and suppliers that are in the midst of constructing the project and 23 buyers who are already committed to buy and have non-contingent contracts to buy these units. Timing is critical to obtain the relief. The job is closed down and the construction lender has significant concerns. It is everyone's best interest to get this resolved as soon as possible. Mr. Shapiro noted in light of discovering this error, they are in the ,zocess of checking everything they can possibly check. Mr. Shapiro has scheduled his wetlands consultant to visit the site on Friday or Monday. Mr. Shapiro knows the Town has been let down and whether it was the general contractor's fault or the surveyor's fault or whoever's fault, it doesn't change the unfortunate fact. Mayor Reynolds did not understand how this could happen. Mr. Shapiro reiterated his embarrassment that his company made this error. Mr. Shapiro stated his company has been doing business in the area over 20 years, with projects far more complicated than this one. Fortunately, there has never been a problem of this magnitude come up. Mr. Shapiro thought it actually is not typical to survey the buildings in and then re-survey them by a different engineer to verify the first engineer surveyed them in. Mr. Shapiro has always required licensed surveyors to stake his buildings and shoot the footers and reverify the wall lines on the footers as a matter of company policy. Even though, Mr. Shapiro did not build this project, an explanation is Mr. Shapiro's company is in transition from a builder / developer company to purely a developer company. Mr. Shapiro's company is not building this project. They hired a general contractor to build the project. Not withstanding that one step removal from the process, Mr. Shapiro did require the general contractor to hire a licensed surveyor to stake the building. Even had Mr. Shapiro built it himself, Mr. Shapiro would have hired a licensed surveyor and once those buildings were staked, Mr. Shapiro would have relied on that licensed surveyor's staking to have been in compliance. Mr. Shapiro did not want to sound like he had a long list of excuses. 4 Mr. Shapiro noted tie differently and what is not going to fig: has a much longer list of what he would do he intends to do in the future. But, that the current problem. Councilor NottinghELM mentioned the code and requested Town Attorney John Dunn explained the implications this problem has and compliance with this code. Attorney Dunn stated the section of the code requires, before the project moves beyond the foundation stage, an ILC be prepared to verify the location of the building, among other things and, there be no further inspections beyond that. Apart from the issues of how the error happened, there is a concern on the part of the council that the error was not caught at that stage. It seems, to the council, there is a violation of that section of the code. Mr. Shapiro agreed. Mr. Shapiro questioned why that was not done. Mr. Shapiro was told there were numerous discussions about the ILC certificate but, all the discussions were around the completion of framing. Mr. Shapiro does not have an explanation of how this got overlooked. Mr. Shapiro reiterated he always intended the buildings to be within the envelopes. They were pre-sold on the basis that they were 5' farther back. Mr. Shapiro would have preferred it would have been caught and that they be relocated to the right location when the cost to have done that would have been manageable. This is not a small problem and Mr. Shapiro is viewing this as a crisis. Councilor Nottingham added it is not a small problem with Council as they have an Ordinance that Council is charged to uphold and if they ignore the Ordinance the precedent that that. sets is something that they have to ethically deal within themselves. Mr. Shapiro's position is not to say the Town made a mistake in supplying inspections beyond that requirement because, Mr. Shapiro is not trying to hold the Town responsible. Mr. Shapiro is asking the Town to offer relief that is within power. Mr. Shapiro noted that offering him relief has nothing to do with the fact that that requirement was not enforced by the building department and Mr. Shapiro is not aware of why it wasn't enforced. As Mr. Shapiro continued to get inspections and it wasn't requested or required and no one said, hey, you have to stop, Mr. Shapiro kind of slid through the cracks. Councilor Hines asked how was it caught last Tuesday. Mr. Shapiro was under the impression they needed to supply an ILC, certificate at completion of framing. Because the completion of framing is very similar in timing to the preparation of a condominium map, Mr. Shapiro hired Intermountain Engineering to prepare the ILC as the first step in preparing the condominium map. A staff person from Intermountain Engineering discovered the error. Mayor Reynolds asked if they had discussed any modifications to help the situation. Mr. Shapiro has contemplated if it is economically feasible to tear down building D, but the construction is so far along on buildings B and C that it is beyond even thinking of demolition. Mr. Shapiro thought, due to the error, there needs to be some redesign on grading. It is going to be very financially painful to deal with this even if Mr. Shapiro gets relief. Councilor Benson asked how many units in each building. Mr. Shapiro answered 8 each in buildings B, C, and D. Mayor Reynolds asked if the 2' overhang could be removed. Mr. Shapiro noted the overhang is approximately 15' up in the air and does not really have an impact. Mr. Shapiro has discussed the decks on the ground and thought of possibly eliminating them and putting a small foot stool type step at the door with landscaping. Councilor Hines asked how far along the buildings are. Mr. Shapiro responded building B is under roof and in drywall. 5 Building C is ready for the roof and Building D you can stand on the second floor deck. Mr. Shapiro is asking for 10015 relief. If the town feels that is not appropriate, Mr. Shapiro is open to what the town will give him. Mr. Shapiro is going on the premise because, they don't infringe on the statutory set backs . because the buildings don't infringe on the worst case lines, Mr. Shapiro is asking for relief for all three buildings. If Council extends the envelopes to make them legal, the decks would comply as proposed- Mr. Shapiro added he would be happy to take them out. Mayor Reynolds thought it would be very helpful for Council to have an on-site look at this thing. Council concurred. Mr. Shapiro would be happy to be there for the tour. Violation and penalty of violation of the code were discussed. Councilor Nottingham noted the town needs to make sure that we are doing the job correctly, too. Mr. Shapiro did not think the fact that the ILC requirement was not complied with is solely Mr. Shapirola problem, as much as a mutual problem. Because, the general contractor called for inspections and the inspections were given and they are signed inspections and they kept coming and they were forth coming. And, Mr. Shapiro wished he would have been in compliance because he would have known they should be stopping. But, the fact that the inspections kept coming and kept being signed off, that didn't help the situation. That is a fact, there are signed inspections, after the foundation, for all kinds of inspections. Councilor Benson motioned No. 96-9, Series of 1996. Mayor Reynolds called for The motion carried with G A site tour was scheduled with P & Z. to approve on first reading Ordinance Councilor Hines seconded the motion. a roll call vote. Dunciior Nottingham opposed. for Tuesday, May 21, 1996 at 5:30PM Council recessed at 7:20 PM and reconvened at 7:25 PM. Resolution: Resolution No. 96-14, Series of 1996, A'RESOLUTION ESTABLISHING THE 1996 MARKET VALUE OF LAND FOR SCHOOL LAND DEDICATION, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Hines motioned to approve Resolution No. 96-14, Series of 1996, .setting the market value of land for 1996 at $63,000 an acre. Councilor Benson seconded the motion and the motion carried unanimously. Resolution: Resolution No. 96-15, Series of 1996, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF TWO PARCELS OF LAND LOCATED IN THE.NW 1/4 SE 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED ON EXHIBITS "All AND ftBre ATTACHED HERETO AND MADE A PART HEREOF; AND SETTING A HEARING THEREON 6 "4. Town Manager Jame: noted the Town has received a petition for annexation. Town Attorney Dunn informed there is a commitment for title insurance with respect to the Grace White tract, which is one of the two tracts involved in this annexation. According to the title commitment, the land covered by this annexation petition is owned by Grace Jenkins White, Edward F. Rogers, Peter John Jouflas, Michael Tames Jouflas, and George Gregory Jouflas. At this time, Attorney Dunn has received a petition signed by Gregory Jouflas who is one of the owners and an attorney in Grand Junction representing the Jouflas family. There is also a petition signed by Tamara Richardson as agent for Edward F. Rogers. Mr. Danny Brose, developer of the property . . . Colorado Pacific Construction, thought the annexation petition that is currently before Council was properly endorsed and signed by Tamara Richardson, having full authority of Grace Jenkins White and Mr. Rogers. Mr. Brose noted he has certified escrowed instructions that also say Tamara can sign for them. However, Mr. Gregory Jouflas has the right to sign for the rest of the Jouflas family. Mr. Brose has contacted each one of the Jouflas's and Tamara Richardson. All promised Mr. Brose, by Federal Express tomorrow, he will have original signatures for all of the signing members. Mr. Brose asked if Council could accept the documents this evening, he will ensure the proper signatures are secured within the next three working days. Town Attorney Dunn mentioned the alternatives Council have are 1.) table the matter or 2.) adopt the Resolution which is presented this evening conditioned upon receipt of the annexation petitions as indicated by Mr. Brose. Councilor Nottingham.noted Mr. Brose has not purchased the property, yet. Councilor Nottingham asked if the property was under contract pending annexation. Mr. Brose stated, no actually they are closing in about three weeks. Councilor Nottingham added if the closing did not take place, it may or may not be the wish of the property owner(s) to have the property annexed. Town Attorney Dunn star.-d this Resolution is the first step. The next step would be a formal hearing before Council, which is tentatively scheduled for July. At that time, the Council would more formally find that the area is eligible for annexation, make the determination with respect to contiguity and so forth. The third step would be the actual adoption of,the annexation ordinance. Of course, there is also the issue of zoning and generally the annexation is made conditional upon the zoning being acceptable. Councilor Carnes asked Mr. Brose if he was going to close on the property regardless. Mr. Brose s;-.ated that is correct. Councilor Hines motioned to adopt hesolution No. 96-15, Series of 1996, subject to the receipt of outstanding petitions - owner signatures and those being duly notarized. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Ms. Dee Combs announced that Mr. Brose has given her the old cabin that is on the property. Ms. Combs asked Council for advice and proposed to move the cabin from the White property to Swift Gulch for Chamber of Commerce Office. Ms. Combs guessed the square footage of the cabin to be 1,700. Council's consensus was that was a great idea and suggested Ms. Combs continue looking into this possibility. 7 _11 zky On another subject, Ms. Combs questioned how can Council continued to allow the developers to develop without requesting or requiring some kind of off setting housing how can you continue to allow people to build here when they are saying we are going to build and grow. You are bringing in more people but, where are you going to put them? Mayor Report: Mayor Reynolds complimented all who were responsible for the clean up of the Recreation Center. Mayor- Reynolds congratulated Councilor Nottingham on receiving her masters degree in education. Consent Agenda: a.) Approval of the April 23, 1996 Council Meeting Minutes Councilor Hines motioned to dispense with the reading of the minutes and receive them as presented. Councilor Benson seconded the motion and the motion carried unanimously. b.) Resolution No. 96-11, Series of 1996, A RESOLUTION ADOPTING THE WATER TAP FEE SCHEDULE, WATER SERVICE CHARGE SCHEDULE AND THE RULES AND REGULATIONS FOR THE AVON METROPOLITAN DISTRICT WHICH WERE IN EFFECT AT THE TIME OF ASSUMPTION OF SERVICES BY THE TOWN OF AVON Councilor Benson motioned to approve Resolution No. 96-11, Series of 1996. Councilor Hines seconded the motion and the-motion carried unanimously. c.) Resolution No. 96-12, Series of 1996, A RESOLUTION IMPLEMENTING LEVEL III WATER USE RESTRICTIONS FROM JUNE 1, 1996 THROUGH SEPTEMBER 30, 1996 Councilor Hines motioned to approve Resolution No. 96-12, Series of 1996. Councilor Benson seconded the motion and the motion carried unanimously. d.) Contract for Servicing the Ladder Truck / Sutphen Corp. Councilor Benson motioned to approve the contract for servicing the ladder truck. Councilor Nottingham seconded the motion and the motion carried unanimously. e.) Festival of Nations / Contract with Sumeo's Vahine ALII Councilor Nottingham motioned to authorize the Mayor to sign the contract with Sumeo's Vahine ALII in the dollar amount of $1,350, for entertainment at the Festival of Nations, June 22, 1996. Councilor Benson seconded the motion and the motion carried unanimously. f.) High Country Triathlon / Sanctioning Agreement with USA Triathlon Councilor Benson motioned to authorize the Mayor to sign the High Country Triathlon agreement. Councilor Hines seconded the motion and the motion carried unanimously. 8 g.) Salute to USA :stage, lights & sound / Quick Beam Contract Councilor Benson mot=ioned to authorize the Mayor to sign the contract for Salute to the USA stage, light, and sound, for Quickbeam. Councilor Nottingham seconded the motion and the motion carried unanimously. h.) Salute to USA bands / Resort Entertainment Contracts Councilor Nottingham motioned to authorize the Mayor to sign the contracts for performances of the Legendary Nikators and Timothy P and the Rural Route II, at the Salute to the USA. Councilor Benson seconded the motion. The motion carried with Councilor Carnes opposed. i.) Employee Picnic / Contract with Spruce Saddle Councilor Nottingham motioned to authorize-the Mayor to sign the agreement with Vail Associates for the Town of Avon employee picnic to be held at Spruce Saddle in Beaver Creek. Councilor Hines seconded the motion and the motion carried unanimously. Item Added to the Consent Agenda: Lord of the Rings Councilor Nottingham motioned to authorize the staff to revise the special events budget by-$23,150 to accommodate the University of Northern Colorado symphonic performance of Lord of The Rings, narrated by George Takei, Star Trek's Mr. Sulu. Councilor Benson seconded the motion. The motion carried with Councilor Carnes opposed. j.) Avon Road Congestion Relief Plan (Roundabout Study) / Ourston & Doctors Contract Councilor Hines motioned to authorize the to sign the contract with Ourston & Doctors. Councilor Benson seconded the motion an_d_ the motion carried unanimously. k.) Nottingham Station Subdivision Improvements / Letter of Credit Reduction Councilor Hines motioned to approve the reduction in Letter of Credit amount by $143,367, reducing Letter of Credit amount from $253,796 to $110,429. Councilor Benson seconded the motion and the motion carried unanimously. 1.) TCI Guarantee In Lieu of Bond Councilor Benson motioned to authorize the Mayor to sign the Guarantee In Lieu of,Bond. Councilor Nottingham seconded the motion and the motion carried unanimously. m.) Financial Matters Councilor Hines motioned to receive items 1 through 6 and approve items 7 through 8. Councilor Nottingham seconded the motion and the motion carried unanimously. n.) Resolution No. 96-13, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT FOR A RESUBDIVISION OF LOT 42, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Benson announced he would be abstaining from voting, due to a conflict of interest, on Resolution No. 96-13. Councilor Hines motioned to approve Resolution No. 96-13, Series of 1996. The motion died due to lack of a second. 9 'Y" o.) Resolution No.. 96-16, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT, CONDOMINIUM MAP OF AVON CROSSING, PHASE II, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Hines motioned to adopt Resolution No. 96-16, Series of 1996. Councilor Nottingham seconded the motion and the motion carried unanimously. n.) Resolution No.. 96-13, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT" FOR A RESUBDIVISION OF LOT 42, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Hines motioned to approve Resolution No. 96-13, Series of i996. Councilor Nottingham seconded the motion and the motion carried unanimously. Other Business: Councilor Carnes mentioned the "pop shop" or the full nude place that opened in Aspen and suggested the town attorney draft an ordinance such as Adams County's Ordinance. Work Session Item: Bus Painting \ Advertisement Council's consensus was to "can" this item. Several members voiced concerns with image and that full advertisement painted busses look cheap and tacky. Work Session Item: Wildridge On Street Parking Discussion split on two issues; 1.) trail head parking in Wildridge and, 2.) on street parking through out Avon. Council concurred that for trail head parking, June Creek trail head only needs to be signed for parking at the new pocket park. For trail head parking at Coyote Ridge and Red and White mountain, Council would like neighboring property owners contacted and directed Staff to work on approximately four parking spaces for each trail head. Regarding Red and'White mountain trail head, council directed Staff to get property owners' first opinion for parking on the south side. If that is real negative, then go back and look to the north for parking. Also, Council directed staff to look for Forest Service support for accessibility to the public. Council requested more discussion, at next Council's meeting, regarding on street parking through out Avon. Centennial's cost estimates were questioned. Council would also like staff to consider on street parking on Eaglebend Drive. Work Session Item: KZYR FM Request for Charity Softball Games Council's consensus was approval of this request. Work Session Item: County Annex Appraisal / Tract Y Council authorized Town Manager James to forward the $1,300,000 appraisal to the County. 10 y kC- Work Session Item: Railroad Abandonment Council agreed on a "town statement" to send in a letter to the County regarding the railroad"abandonment. The statement will include 1.) preserve the corridor, 2.) on grade crossings, 3.) ownership of right-a-way be retained, and 4.) study alternative modes of transportation. And, add in the letter, a request to' discuss with the-County whether the rails should remain in place. Work Session Item: Work session for May 21st There will be a tour with Mr. Ken Shapiro to view Canyon Run and the work session will include interviews for the Public Works Site Facility. Adjourn: 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 Nottingham. The meeting was adjourned by Mayor Reynolds at 9:23PM. RESPECTFULLY SUBMITTED: Patty Neyha CMC' Town Clerk 11