Loading...
TC Minutes 05-28-1996~ MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 28, 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 Protem Celeste C. Nottingham at 5:33PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, and Tom Hines present. Mayor Albert Reynolds and Councilor Judy Yoder were absent. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Director of Finance Scott Wright, Police Chief Gary Thomas, Town Engineer Norm Wood, Administrative Assistant Jacquie Halburnt, and Community Development Director Mike Matzko, as well as members of the,press and public. Citizen Input: CDOT Silver Buckle Award to Avon Police Department (Duke Smith) Mr. Duke Smith presented Police Chief Gary Thomas the Colorado Department of Transportation Silver Buckle Award and pen set. The Silver Buckle Award recognizes those police departments who are actively involved in enforcement, public awareness and education of safety belt law in their community. Citizen Input: Wildwood Townhomes South Homeowners Assn. / Deed Restrictions (Neal Henzler) Mr. Neal Henzler, president of Wildwood Townhomes South' Homeowner's Association, requested Council to increase the deed restriction cap of capital improvements from 10% to 20% to be put into the resale price. Mr. Henzler presented a comparison of the 10% and 20% figures. Councilor Hines questioned the intent of Council when setting the deed restrictions. Councilor Hines thought the intent was to create affordable housing'and to encourage first time homeowners the ability to come in and own. The intent was not looking for turn over, it was to provide a stable place for families. Town Attorney John Dunn recalled that the desire of the Council, at the time, was not to permit people to make a profit on the resale of the units. Town Attorney Dunn added, at the same time, some modest increase in value was reasonable and thought the 10% was kind of an arbitrary figure. Mayor Protem Nottingham noted affordable housing is such a hot topic and this wasn't done frivolously. Councilor Carnes and Councilor Benson agreed this is a good example of why government should not be directly involved with employee housing. After discussion, Council concurred to review this request further. Citizen Input: Introduction from New TCI Cablevision Area Manager (Fred Lutz) Mr. Fred Lutz introduced himself to Council as the new TCI Cablevision area manager. Mr. Lutz introduced Mr. Mark Graves, TCI technical operations manager. 4 Ordinances: IJ•44 Second 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 Director of Community Development Mike Matzko reviewed the- project. Mr. Rick Pylman, with Peter Jamar & Associates, representing the applicant, requested Council table this Ordin,, ce, this evening and continue the hearing in two weeks. There are some issues that may affect the! site plan that need to be worked out, prior to final approval. The CDOT highway access permit was received, with a condition to move the access point further to the west and that will affect the site plan. Councilor Benson motioned to table, on second reading, ordinance No. 96-8, Series of 1996. The motion died due to lack of a second. Mayor Protem Nottingham opened the meeting for public input. Hearing none, Mayor Protem Nottingham closed the public hearing. Councilor Benson motioned to table, on second reading, Ordinance No. 96-8, Series of 1996. Councilor Fawcett seconded the motion. Mayor Protem Nottingham called for a roll call vote. The motion carried unanimously. Ordinances: Second 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 Director of Community Development Matzko reviewed the Ordinance. Matzko stated the owners of Canyon Run, Nottingham Station, Lot 4, have applied to modify the building envelopes for Buildings A, B, C,'and D. This is based on an error, in that the buildings were extended beyond the building envelopes, as approved in the original PUD. The Planning & Zoning Commission (P & Z) held a public hearing. After that hearing, P & Z recommended approval of the amended PUD, with conditions. Matzko detailed the criteria for the amended PUD process and the conditions P & Z recommended. Mr. Ken Shapiro was present, representing the applicant Canyon Run,. LLC and speaking on behalf of all the parties that are requesting relief from this unfortunate error. They include the general contractor, the bank, many sub-contractors, the surveyor, and the twenty three owners who are hoping to take delivery of their units in a timely fashion. Members were all present, if Council had specific questions for them. Mr. Shapiro stressed that they are very distressed by this error- and are not taking this lightly. Mr. Shapiro stated he is appreciative of the Town staff in allowing him to move on the fastest track possible. Mr. Shapiro noted they are suffering severe economic consequences just in this delay. Mr. Shapiro asked for relief and thought it to be within the Town board's authority to grant the relief. Mr. Shapiro noted it is very personal to him as he has close to $2 million invested in the project, to date. 2 Mr. Shapiro continued, without the relief, he has serious concerns about the economic ramifications that that would have on himself and all the parties that are involved with the error - Peak Surveying and the people that staked the buildings erroneously and the general contractor. Mr. Shapiro stated he has been conducting business in the valley for twenty years and has worked very hard to build up a substantial company. Not withstanding those successes, this problem did happen. That is why, as soon as Mr. Shapiro found out, he promptly notified the lender and the Town. and they are trying to go through the most expeditious process to try and gain 'relief from their own error. Mr. Shapiro reminded the details of how the error occurred were discussed at the first reading. Mr. Shapiro is appreciative that P & Z voted and recommended to the Council that this relief be granted. Mr. Shapiro is confident the challenges that remain, if relief is granted, to work out the changes in the grading and modifications to the first level decks, and things like that, can be achieved, with some hard work on their part, to meet the expectations of the P & Z. Mayor Protem Nottingham opened the meeting for public input. Mr. Ron Brave, former president of the Eagle Valley Home Builders Association and currently on the board of directors, stated the construction process is not exact - errors happen. Mr. Brave suggested the Town does not need another "Seasons" and urged Council to grant the relief - it was an innocent mistake. Mr. Arn Menconi, homeowner at Avon Crossing, asked Council to resolve this as quickly as possible. Since he moved in, there has been construction all around him, from Burger King and Canyon Run. Mr. Menconi would like to see construction finished. Ms. Rhoda Schneiderman, member of P & Z when this project was brought forth, asked Council to hold the responsible person up -for scrutiny, as well as redress. With no one else wishing to speak, Mayor Protem Nottingham closed the public hearing. Town Manager Bill James interjected that it was suggested, by a neighboring community, the Town verify the ILC. Given the magnitude of this problem, Town Manager James informed staff contracted with a local firm to verify the ILC, in regards to the property lines, building envelopes, the 100 year flood plain, the 30' setback requirement from the annual mean high water line of the Eagle River, wetlands boundary, the elevation of the buildings, slopes, and any potential impacts. Johnson & Kunkel's cost is approximately $6,600 for the verification and it should be available around June 4 or 5. Mr. Shapiro expressed his support of the concept of re-checking. Mr. Shapiro stated the ILC certificate and the staking of the wetlands line, the non-disturb line, and the 30' mean annual setback line - those were not done by the engineering firm who made the staking error. The engineering firm that made the staking error was Peak Land Surveying of Vail. The engineering company that did the ILC and staked all those pertinent lines that the Town is going to have double checked, including verifying the height, etc., was Intermountain Engineering. Mr. Shapiro noted there are two parties that have done it, and now there is going to be a third party. Mr. Shapiro requested to move forward as expediently as possible so that work can recommence and the hardship that is going on can be relieved as soon as it is practical. Mayor Protem Nottingham stated the ILCs have not been done twice. Various surveying components have, but the ILCs have only been done once. Mr. Shapiro agreed. 3 Councilor Fawcett motioned to table on second reading ordinance No. 96-9, Series of 1996. Councilor Hines seconded the motion. Mr. Rick Travers, attorney representing the applicant, suggested Council approve the ordinance, with conditions to verify the ILC. Councilor Hines expressed his unwillingness to base a decision and allow thft developer to proceed forth without knowing those unknowns. Councilor Hines would like insurance that the information before him is clear and concise. Mayor Protem Nottingham called for a roll call vote. The motion carried with Councilor Benson opposed. Council recessed at 6:55 PM and reconvened at 7:08 PM. Ordinances: First Reading of Ordinance No. 96-10, Series of 1996, AN ORDINANCE PLACING RESTRICTIONS ON NUDE ENTERTAINMENT AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Town Attorney Dunn reminded that Council expressed concern with respect to nude entertainment in places which are not regulated by the liquor law. In response to that concern, this Ordinance was modeled after Adams County's Ordinance. The Ordinance places certain restrictions, which the Colorado Supreme Court has held, may be placed including the age of participants, the hours of operation, and the location of nude entertainment establishments. In paragraph 5 of the second page, there is a blank for the number of feet within which a nude entertainment establishment may not be operated or maintained. What the town can not do is adopt a,regulation which has the effect of excluding a nude entertainment establishment from the town altogether. The distance used in the Adams County Ordinance was 5001. Obviously, in a county, once you have eliminated a particular land use within Su0' of residential properties, there is still plenty of properties left. In Avon, 500' from residential properties, you might rendered it impossible to have such an establishment. Attorney Dunn thought'a study needs to be done to determine the space between and thought that space would probably be less than 500'. Attorney Dunn noted banning nude entertainment is no different than trying to ban Playboy magazine. It doesn't make any difference what form the expression takes. It can be print expression, it can be audio expression, it can be visual expression. It is all subject to the First Amendment limitations and there is a long history of cases out of the Supreme Court, where there is basically a failure to come up with any reasonable definition of what is obscene. Discussion followed on a reasonable distance from residential properties - a fair and equitable distance. Councilor Hines mentioned reviewing nude entertainment establishments as a special review use. Councilor Hines motioned to approve on first reading Ordinance No. 96-10, Series of 1996. Councilor Fawcett seconded the motion. Mayor Protem Nottingham called for a roll call vote. The motion carried unanimously. 4 1"I-k Ordinances: A" First Reading of Ordinance No. 96-11, Series of 1996, AN ORDINANCE REZONING, FROM OLD TO -C, TRACT Y, MOUNTAIN STAR FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko reviewed the Ordinance. P & Z held a public hearing and forwarded a recommendation to Council for approval of the rezoning, with a condition, as written in the Ordinance. Mr. Rick Pylman, with Peter Jamar & Associates, representing Mountain Star, LLC:, noted the request is consistent with the. comprehensive plan, it is compatible with the adjacent land uses, and all of the services, such as the roads, utilities, are all available and adequate to serve the property. Mr. Pylman added this is the culmination of the Mountain Star planning process. Tract Y was a portion of a 620 acre parcel that was owned by the Forest Service, surrounded by private property. The Forest Service targeted the 620 acre parcel for disposal. The developers of Mountain Star initiated the land exchange. Mr. Pylman gave history of the land exchange. Mountain Star Filing No. 2 consisted of 6 residential lots, ranch central, and the public works industrial facility. The 6 lots were tucked into the top portion of the parcel, adjacent to Mountain Star. Approximately 570 acres of that land exchange were zoned open space. Tract Y was always envisioned as going to the Town for a public works facility. All of the environmental reviews that were done through the land exchange mentioned the public works facility. The Town ended up moving the public works facility to the Swift Gulch property. The Town was able to buy Swift Gulch. Then the ten acres of Mountain Star, that had been zoned open space, was rezoned as part of that Swift Gulch public works facility. Tract Y was left unzoned. Councilor Fawcett wondered how to sway his constituents to go from open space zoning to what is being requested, industrial commercial. Councilor Fawcett questioned if Mountain Star donated the ten acres at Swift Gulch. Mr. Jen Wright stated yes. Councilor Fawcett asked why Tract Y wasn't zoned IC to begin with, when the swap took place, as opposed to leaving it open space. Mr. Pylman noted, as a public works facility for the town or as an industrial property, it really wasn't appropriate that that be part of the Mountain Star PUD and subject to all of the declarations and covenants. It really was better as a stand alone piece of property. Also, Mountain Star just received title to the last 160 acres of the land exchange in March and that was when they started this zoning application. Councilor Fawcett asked if Mr. Pylman was aware of the wildlife corridor around Tract Y. Mr. Pylman stated the wildlife mitigation agreement that was signed between Mountain Star, LLC and the Colorado Division of Wildlife, as part of the land exchange, specifically addressed development of Tract Y. Councilor Carnes asked what Mr. Pylman is going to do with Tract Y. Mr. Pylman stated they have no plans to develop it themselves. Tract Y will go on the market and be sold. Councilor Hines questioned what was represented to CDOW and requested to review, what ever it was that Mr. Pylman represented that they signed off on, in terms of environmental assessment. Councilor Hines thought there to be a substantial difference than what may have been represented. Councilor Hines thought the Town had pulled away from Tract Y and went to Swift Gulch way before the land exchange and requested Staff's input. 5 Town Manager James responded the for the public works site to the buying Swift Gulch. Town Manager purchased Swift Gulch in 1994. ~v~F3y Town kept Tract Y as an option very last minute, prior to James thought the Town Councilor Hines requested to see what was represented to the Forest Service and CDOW with regards to Tract Y. Mr. Pylman stated that would be no problem. Mr. Pylman noted one issue was mentioned - fencing is not allowed. Councilor Hines mentioned drainage presents a real issue to him. Councilor Hines requested clarification of the uses for IC zone. Mayor Protem Nottingham noted Tract Y was 7.18 acres and asked how much is usable. Mr. Pylman stated their is about an acre with a slope of less than 20%. Councilor Benson asked about residential. Mr. Pylman stated the IC zone district allows 4 units per lot, employee type housing only. Tract Y is considered one lot. Mayor Protem Nottingham stated she is real reluctant when it comes to making open space into light industrial. Councilor Benson asked Mr. Pylman to stake the property to see where the two corners of Tract Y are. Mr. Jen Wright stated it has been staked. Mr. Wright stated we always talked about this site being used as a public works facility, with the Town. The Town came to Mr. Wright and requested Tract Y be preserved for the option of the public works facility. With respect to the Forest Service, they have noninvolvement any more. As far as the wildlife issue, Mountain Star bent over backwards to handle all wildlife concerns on the exchange,. As part of the exchange, the Town has to.look at the whole total idea of what Mountain Star was trying to propose and by having 905k of the space being open space, they felt that was a huge commitment to the Town's issue of open space. Mr. Wright reiterated Tract Y wasn't zoned at the time, because Mountain Star didn't own it. Mr. Wright felt they have met all in the spirit of what they did in Mountain Star from day one. From day one, they talked to the wildlife guys that that was going to be a public works facility. Mr. Wright felt, to take this and isolate this one issue without taking everything else into consideration, it is not very fair. Mr. Wright reemphasized when the Town came in and was developing Swift Gulch, the Town came to Mr. Wright and asked if he would sell some acres of land to develop more of the facility. Mr. Wright stated at the time he had no use for it - they weren't going to develop it - he just gave it to the Town. In the spirit of the Town not using Tract Y and using Swift Gulch that was looked upon more less as a trade off. Councilor Fawcett asked if Mr. Wright intended to donate Tract Y to the Town years ago, prior to Swift Gulch donation. Mr. Wright stated yes. Councilor Benson motioned to approve on first reading Ordinance No. 96-11, Series of 1996. Councilor Fawcett seconded the motion. Director of Community Development Matzko interjected dates need to be revised on the Ordinance. The fourth whereas says May 28th and should be left blank for the public hearing. The last page, the recital should read, introduced and passed on May 28th and a public hearing is set for June 11th. Councilor Benson withdrew his motion. Councilor Fawcett withdrew his second. Councilor Benson motioned to approve on first reading Ordinance No. 96-11, Series of 1996, subject to correction of the dates. Councilor Hines seconded the motion. 6 Requested information will be available for second reading of the Ordinance. Mayor Protem Nottingham called for a roll call vote. The motion carried unanimously. Resolution: Resolution No. 96-17, Series of 1996, A RESOLUTION AMENDING THE 1996 BUDGET (Transit, Recreation Center, Special Events, Community Development Administration, and Building)- Councilor Hines motioned to approve Resolution No. 96-17, Series of 1996 as follows 1996 adopted budget to be changed in transit from $3,643,847 to $3,675,045, scratch recreation center, special events from $244,556 to $267,706, community development administration from $112,216 to $116,216, and building from $101,854 to $106,554, total general fund expenditures from $4,102,473 to $5,084,923, public works fund.to remain as presented, general fund total general fund revenues from $1,827,862 to $1,859,060. Councilor Benson seconded the motion and the motion carried unanimously. Resolution: Amended 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 "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF; AND SETTING A HEARING THEREON Attorney Dunn presented Amended Resolution No. 96-15. The amendment is to correct a mistake in the public hearing date. The public hearing is set for July 9th, not the 2nd and this amended Resolution has the correct date. Councilor Hines motioned to approve Amended Resolution No. 96-15, Series-of 1996. Councilor Benson seconded the motion and the motion carried unanimously. Other Business and Items from the Work session: Councilor Fawcett mentioned the Audit Committee. Councilor Fawcett stated he, Councilor Yoder, and Councilor Carnes would like to meet with Finance Director Scott Wright. Councilor Fawcett thanked everyone for their support after he suffered a stroke. The Avon Advocate was discussed. Administrative Assistant Jacquie Halburnt noted the Advocate would be published quarterly and be mailed to Avon box holders. Councilor Yoder requested the Channel #5 survey be included. Council requested to discuss the Web Pages at the next work session. Town Manager James announced the County Commissioners will be at the June 11th Council work session to discuss the railroad abandonment and the Chamber offices. 7 Update on the Park: Plans for Wildridge & Lot 16: Councilor Fawcett motioned to allocate $340,000 for Phase I of the neighborhood park in Wildridge. Councilor Benson seconded the motion and the motion carried unanimously. Council concurred that Phase I plans for Lot 16 looks good and directed staff to proceed. Cops Grant of 750 of salary and benefits are paid for under the. grant - Council, having no problems receiving this grant,, directed staff to proceed. Council Committee Updates: Councilor Carnes gave an update on the Marketing Board and requested the Marketing Board give Council a presentation. Councilor Benson informed he has been unable to attend the last few NWCCOG meetings. Councilor Hines mentioned the Transportation Authority will be interviewing for the position of Executive Director. Councilor Fawcett mentioned the Eagle County Recreation Authority and reminded Gayle Crider came before Council and gave an update. Other Business: Councilor Carnes requested staff explain to all Council members the percentage of water loss. Councilor Carnes mentioned his concern,.of the amount of promotion using the title "big name band", that we really do get a big name band. Consent Agenda: a.) Approval of the May 14, 1996 Council Meeting Minutes b.) Financial Matters Councilor Fawcett motioned to approve the Consent Agenda. Councilor Benson.seconded the motion and the motion carried unanimously. , Adjourn: There being no further business to come before Council, Mayor Protem Nottingham called for a motion to adjourn. Councilor, Benson moved to adjourn. The motion was seconded by Councilor Hines. The meeting was adjourned by Mayor Protem Nottingham at 9:25PM. SPECTFULLY SUBMITTED: Patty Neyh rt, C C Town Clerk 8 ~ 64A APPROVED: