TC Minutes 10-09-2001MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 9, 2001
A regular meeting 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 Judy Yoder at 5:30 PM. A roll call was, taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, and Mac
McDevitt present. Mayor Protem Buz Reynolds was absent. Also present were Town
Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks,
Town Clerk Kris Nash, Police Chief Jeff Layman, Town Engineer Norm Wood, Public_
Works Director Bob Reed, Director of Community Development Ruth Borne, as well as
members of the press and public.
Citizen Input:
Wildwood Townhomes South
Councilor Michael Brown stepped down from the bench for this item.
Mr. Randy Stouder and Ms. Nancy Pruckno were present to speak to the Council. Mr.
Stouder stated that he represents Wildwood Townhomes South, of which the Town of
Avon was the developer. He stated that earlier this summer they had a slope failure
behind their townhomes and the Goshawk Townhomes located above them. He stated
that the slope came down and settled against the back wall of their eastern most building.
He stated that they have been working with the management of Goshawk and are still
trying to, figure out what caused the failure. They think excess water caused the slope to
fail.-' He, stated the cost of the project is $17,000 of which Goshawk-has agreed to cost
share the project with them. Mr. Stouder is asking the Council to consider cost sharing
the project with the two associations.
Mayor Yoder stated that the project was built over ten years ago and wondered why the
water just now caused the slope to fail that it did not fail in the last 10 years. Mr. Stouder
stated that they think there was over watering at the top of the slope, maybe a hose left on
overnight, and a fairly wet spring as well. Mr. Stouder stated that when they dug into the
ground they did find drain tile buried into the-slope, but not in the portion that failed. He
added that they had geo-technical engineers look, at the failure and they recommended
redoing the entire hillside because there were other signs of weakness as well. Mr.
Stouder stated that they hired a contractor who repaired more hillside than just where the
failure occurred.
Mayor Yoder asked Mr. Stouder how much money he was asking_ for. He stated that they
were hoping for an equal share from the Town, the cost was'$17,083.
Mayor Yoder asked Mr. Efting if the Town has ever cost shared such 'a project with
anyone else. Mr. Efting stated not in the five years that he has been with the Town.
Mr. Stouder stated that they are asking the Town, to. cost share the project since they were
the developer.
Mayor Yoder stated that there is a warranty period and if,, something happened in that
warranty period there would be some responsibility to'the developer. Mayor Yoder felt
the warranty period would be long gone on this situation.
Councilor Curly sympathized with the situation, but felt that the Town could not pay for
this.
Ms. Pruckno, president of the Association, stated that there are various places up Metcalf
Road "where they have reinforced the slopes. She is not sure how the slope behind them ,
got missed. She asked if the Town could look into what the code was at the time of their
construction as far as reinforcing the slope. She felt the homeowners are left holding the
bag on'something that should have been protected when the development went in.
Town Engineer Norm Wood stated that there is not a code but guidelines that refer 2 to 1
slopes maximum, which they do follow as much as possible: He stated in block 5, which
is where the Townhomes are, there are a number of 1 %2 to 1 slopes. When slopes are
that steep it requires very careful drying, and drainage is one of the major considerations.
He stated that when the failure first occurred he did look at it. He stated that the ground
was'very saturated in the area of the slope failure. Mr. Wood stated that Goshawk was
built in the early 80's and that is what created the 1 '/z to 1 slope, which is the section
where the failure occurred. He stated that the natural slopes in that area are much steeper
than the 2 to 1. He added that it is not an unusual situation, but you do need to keep it
dry. His opinion is that the slope failed because it became overly saturated.
Mr. Stouder stated that they could not pay for this project themselves, they do not have
enough money. They had to cost share the project. He added that it would be difficult to
take Goshawk to court to prove that their hose caused the problem.
Mayor Yoder stated that she sympathizes with their situation, but does not feel the Town
has a liability or responsibility on this issue after all this time.
Councilor Debbie Buckley stated that she can not rationalize spending tax dollars on this
issue. Councilor McDevitt agreed.
Councilor Peter Buckley was sympathetic but could not support help paying for this
project.
Regular Council Meeting
October 9, 2001
Citizen Input:
Ms. Chris,Ekrem, resident of Eaglebend Drive, asked that if the Council decides to annex
McGrady Acres that the Town still have the capability to have the total design review for
any projects that go on that property. She would also like McGrady Acres, if annexed,
still stay under the heading of McGrady Acres and not Village at Avon.
Mr. Bill Post, representing Traer Creek, stated that McGrady Acres will not be part of the
Village at Avon and not subject to the design review board of the Village at Avon. He
said it will still have to go through Planning & Zoning and the Town Council.
Ordinances:
Second Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending
Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution
Mayor Yoder stated this is a public hearing.
Town Attorney Levin stated that changes have been made to the ordinance between first
and second reading in section (b)(1) per the request of Councilor McDevitt. The change
clarifies circumstances under which the Town would consider granting a limited, not to
exceed 24 hour, exemption from the odor standard in a case of maintenance or repair of a
facility which is designed to control odor omissions.
Mr-Rick Sackbauer, Chairman of the Eagle River Water and Sanitation District Board,
thanked the Council for amending the ordinance from first reading. He stated that his
staff would like to assist the Town staff in rewriting the ordinance. Mr. Sackbauer
submitted a copy of his October 5, 2001 letter as well as a copy of the first reading
ordinance with highlighted changes for the record, a copy of which is attached. He
hoped that working with the staff would be another of many successful joint projects.
Mr. Sackbauer urged the Council to adopt the ordinance as they have highlighted, or
preferably, table the ordinance so his staff may have a chance to look at the changed
wording as stated by Mr. Levin. He would also like the two staffs to work together for
the next two weeks and come up with an ordinance that everyone is comfortable with.
There being no further comments, Mayor Yoder closed the public hearing.
Councilor McDevitt stated that two of the five specifics from Mr. Sackbauer's letter were
incorporated .into the new ordinance. He stated that the changes that were made were
done for a reason and did not see a benefit in waiting two weeks.
Councilor Peter Buckley stated since Judge Buck Allen ruled the current ordinance as
unconstitutional, Avon technically has no ordinance and the citizens of Avon have no
protection right now. He does not want to wait two weeks before passing the ordinance.
Regular Council Meeting
October 9, 2001
Councilor McDevitt added that the position of the Town of Avon is to improve the odor
situation, not necessarily take legal action. This ordinance is something that,we need to
have on the record.
Councilor McDevitt motioned approval of Ordinance No. 01-10, Series of 2001, on
second reading. Councilor Brown.seconded the motion.
Mayor Yoder asked for a roll.call.
The motion carried unanimously.
Ordinance:
Second Reading of Ordinance No. 01-11,-,Series of 2001, An Ordinance Amending
Chapter 8.32 of the Avon Municipal Code Relating, to, Penalties for Odor Pollution
Mayor Yoder stated this is a public hearing.
Town, Attorney Levin stated that this :ordinance states that the Town can not collect in
excess of $300 for any violation"of the odor ordinance, which is required by State law.
This change brings our code up to date with State law.
There being no comments from the public, Mayor Yoder closed the public hearing.
Councilor McDevitt stated that this ordinance does not include the jail term, which the
old odor ordinance did include. Mr. Levin stated that the State law will override our
ordinance and State dictates $300 maximum fine.
Councilor Curly motioned approval of Ordinance No. 01-11, Series of 2001, on second
reading: Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek, Subdivision, ,Town of Avon, Eagle County, Colorado
Director of Comm. Dev. Borne stated that Tanavon Corporation has applied for a PUD
on Lots 38, 40 and 41 for forty-three employee housing units. The ordinance has been
Regular Council Meeting
October 9, 2001
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:revised to include a condition requiring a left hand turn at major access points. Also, Lot
38 will be conveyed to the town as open, space:
Councilor Cuny asked if there were any restrictions asto the rents. Ms. Borne stated that
there will be no deed restrictions at this time.,
Mayor Yoder stated that sh&thought some of the.units were'to be deed restricted. Ms.
Borne stated that depended on the outcome of the Cottonwood parcel behind Pizza Hut.
That will dictate how many of the units will be deed restricted. It will be a separate issue
at that time.
Councilor McDevitt asked how, many vehicles can be, accumulated in the left turn lane.
Ms. Borne stated'it has not yet been determined because there are two major access
points. Mr. McDevitt 'stated that there 'needs to be enough so that there is no backup of
the vehicles traveling to Wildridge., Ms. Borne stated that will be decided at final design
through P&Z.
Mayor Yoder asked what kind of control the Council has so they know it is acceptable to
Council. Mr. Wood stated that the length of the turn lanes will be determined by a traffic
analysis on trip generation.
Mr. Efting stated that Council will be notified of the final design meeting with P&Z so
they can be informed.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-12, Series of 2001,
on first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances
First Reading of Ordinance No. 01-13, Series of 2001, An Ordinance Amending Chapter
17.48 of the Avon Municipal Code Relating to Home Occupations/Child Day Care
Town Attorney Levin stated that this ordinance adds an additional requirement that the
applicant must submit written approval of 'consent from the person living on the other
half of their duplex, or in the case of a multi-plex, must get the written consent of the
board that governs the multi-plex.
Mayor Yoder stated that there are some multi-plea units that do not have boards or
homeowners associations. Mr. Levin stated he could redraft the ordinance to state that in
a case of a multi-plex with no board, the applicant must have consent of the majority of
the units.
Regular Council Meeting
October 9, 2001 '
Councilor Brown suggested a multi-plex with no board, it should revert back to a duplex,
and that adjoining walls must give consent. Councilor Brown believes in daycare,where
ever they can get it, but also believes that in the case condominiums and duplexes with
adjoining walls andparking, the neighbors should have a say. He would like it kept
simple.
Councilor Peter Buckley stated, for the record, that he would be most comfortable
dealing with the law issue independently of the appeal that will come before the Council
next week. He is not comfortable with the timing. He would like to deal with the appeal
and then deal with the ordinance at a separate time.
Mr. Levin stated that is a separate process governed by separate rules.
Councilor Curly stated that he does not like the ordinance. He added that good daycare is
so hard to find. He does not see an inconvenience. He is against anything that makes it
harder for someone to open a daycare facility.
Mayor Yoder stated that brings up a good point, and that Mr. Curly would not have a
problem with the person he shares a driveway with so he would just sign off on it. Mayor
Yoder stated that she was in a situation where people were picking up their children at
11:30 at night and shining their lights in her windows. She added there is a whole range
of things, and no ordinance is going to solve every item.
Councilor McDevitt agreed that if it is adjacent neighbors; then they should have a say in
it.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-13, Series of 2001,
on first reading. Councilor McDevitt seconded the motion.
Councilor Brown confirmed that Mr. Levin will revise the ordinance for second reading.
Mayor Yoder asked for a roll call.
The ordinance carried with Councilor Curly voting nay.
Ordinances
First Reading of Ordinance No. 01-14, Series'of 2001, An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of Certain Property as Described in the
McGrady Acres Petition for Annexation
Town Engineer Wood stated that this ordinance starts the action to culminate the
McGrady Acres annexation process. - • Staff recommends approval.
Regular Council Meeting 6
October 9, 2001
0 . I 1 0
Councilor Debbie Buckley motioned approval of Ordinance No. 01-14, Series of 2001,
on first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll-call.,
The ordinance carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-15; Series of 2001, An Ordinance Approving an
Agreement Concerning the Terms of Annexation, Development and Subdivision of the
Lands Described in the McCrady. Acres Petition for Annexation; Authorizing and
Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the
Town; and Approving a Site Specific Development Plan Establishing'a Vested Property
Right Pursuant to Article 68 of Title 24, C.R.S., as Amended
Mr. Wood stated that this ordinance approves an agreement that establishes the terms of
the annexation, including the zoning of the property; the preliminary plan constitutes a
development plan which establishes the vesting of rights for the development; and it also
provides a method for guaranteeing a security for the completion of the subdivision
improvements associated with the annexation and related subdivision.
Councilor McDevitt referred to a previous drawing of residential zoning of the, property
with a cul-de-sac at the end and asked Mr. Bill Post; representing the applicant, if he is
adamantly opposed to it if it came to it. Mr. Post stated yes he is. He added that one
thing left off from the drawing is that there has to be a 50 foot access that comes into the
middle of the lot.
There was discussion over the drawing.
Mr. Post felt that it is bad planning to put residential against a busy road.
Councilor Cuny confirmed that if the property was zoned residential, then Mr. Post
would not build the cul-de-sac.
Mayor Yoder asked what if it was residential zoning and don't put in the cul-de-sac but
leave it straight through as it is now.
Mr. Post stated that it comes down to the decision of whether you put residential lots
where they should not be. He stated that is bad planning.
Councilor McDevitt stated that the item could be deferred to the next meeting.
Councilor Brown motioned approval of Ordinance No. 01-15, Series of 2001, on first
reading.
Regular Council Meeting
October 9, 2001
After much delay for a second to the motion, Mr. Post'stated"that the question before
there how is the annexation, and the question everyone is struggling with is the zoning.
He stated that-if Council turns it down now and says no annexation, then Mr. Post goes to
the County. He added that he has,.to build Post Blvd. per his annexation agreement.,
They brought the McGrady Acres'annexation to Avon because everyone agreed that it is.
much better to put it all under one jurisdiction than to have it in various pieces both in the
County 'and the Town. He said the annexation makes sense regardless of the zoning. He
stated that he has no choice but go to the County if Avon says no to the annexation.
Councilor Peter Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motioned carried with Councilors Curly and Debbie Buckley voting nay.
Town Manager Report:
Town Manager Efting reported that the run which took place in Nottingham Park on
October 6th to'benefit the victims of the September 11 event raised $6000.
Other Business:
Councilor Peter Buckley stated that the new Acting Avon Postmaster, Kris Edmonds,
began work today. She has also applied for the permanent Postmaster but that process
has been stalled at the US Postal Service due to a nationwide reduction in force (RIF) so
no positions will be filled until the end of the RIF.
Councilor Peter Buckley stated that tickets are on sale at the Eagle River Fire Protection
District for a fundraiser to benefit the Eagle County Firefighters Association. The
fundraiser will occur at the Evergreen Lodge on Wednesday, October 17.
Consent Agenda:
a.) Approval of the September 25, 2001 Council Meeting Minutes
b.) ResolutionNo. 01-28,-Series of 2001; A Resolution Approving the Final
Plat, Grandview at Wildridge, A Resubdivision of Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado
c.) Resolution No. 01-29, Series of 2001, A Resolution Approving the Final
Plat, A Resubdivision of Lot 31, Block 1, Wildridge, Town of Avon,
Eagle County, Colorado
Mayor, Yoder stated that item a will be pulled from the Consent Agenda.
Regular Council Meeting
October 9, 2001
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Councilor Debbie Buckley motioned approval of the Consent Agenda minus item a.
Councilor Brown seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 6:32 PM.
SPE TFULLY SUBMITTED:
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Kristen Nash, Town Clerk
Regular Council Meeting
October 9, 2001
EAGLE RIVER
WATER & SANITATION DISTRICT
846 Forest Road • Vail, Colorado 81657
(970) 476-7480 • FAX (970) 476-4089
October 5, 2001
Mayor Judy Yoder
Town of Avon
Post Office Box 975
Avon, Colorado 81620
Re: Revised Odor Ordinance
Dear Mayor Yoder:
•
Thank you for the opportunity to comment on the revised Odor Ordinance that is before the Town
Council on October 9. Please know that we still believe that the Ordinance changes currently proposed
do not address several important issues.
We again strongly suggest any modifications to the Ordinance be allowed to be discussed between our
staffs in order to attempt to,reach a compromise that can be jointly recommended to the Avon Town
Council. To be specific; we are attaching a suggested revision to the proposed Ordinance. We request
Council adopt the ordinance we have proposed or table passage of the Ordinance next Tuesday.
We believe a Town of Avon employee should verify that the odors exist, and that they are from a
particular source. We believe this is important in order to avoid any misuse of this Ordinance.
We believe the Ordinance should allow some reasonable time limit for approval of routine cleaning,
maintenance, startup, shut down, etc.; and that an accommodation should exist for unforeseeable upsets.
We each are governmental entities attempting to do our best in our respective roles. We will have many
opportunities to work together in the future. We are, for example, at the Town of Avon's request,
currently attempting to find significant funding to assist in the construction of your bike path through
our Avon wastewater treatment plant. We expect in the future to be expanding maintenance facilities in
the Town, and will always be. having utilities interface with Town easements, roadways, and Town
improvements. We strongly encourage that we work together on all of these matters rather than risk
unnecessary discord.
Thank you in advance for your consideration. We look forward to working with you. Please call me at
376-0178 prior to Tuesday night's meeting.
Sincerely,
R i ek
Rick Sackbauer, Chairman
Enclosure: Redlined Ordinance
c.c. Councilman Mac McDevitt
Town Manager Bill Elting
WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES
•
ORDINANCE NO. 01-10
AN ORDINANCE AMENDING CHAPTER 831 OF THE AVON MUNICIPAL
CODE RELATING TO ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1, Amendment. Section 8.31.030 of the Municipal Code of the Town of Avon is
hereby repealed and reenacted to provide as follows:
8.31.030 Odor Violations. (a) It shall be deemed an unlawful nuisance for any person to
cause or permit the emission of odorous air contaminants or particulate air contaminants from
any source such as to result in detectable odors and/or particulate emissions within the Town of
Avon which leave the premises upon which they originated and which interfere with the
reasonable and comfortable use and enjoyment of property. An odor shall be deemed to interfere
with reasonable and comfortable use and enjoyment of property if it meets or exceeds any of the
following limits:
(1) It is a violation if odorous contaminants are detected when one (1) volume of the
odorous air has been diluted with seven (7) or more volumes of odor-free air as measured by the
Barnaby Chaney Scentometer or any other instrument or device designated by the Colorado Air
Pollution Control Division, as so shown by a certificate from the Division, which said certificate
shall be admitted in evidence as a self authentication document Personnel shall be certified and
equipment shall be certified and maintained in accordance with the manufacturer's specifications
and recommendations and the Colorado Air Pollution Control Division.
(2) It is a violation to continuously emit particulate air contaminants above levels
allowed in the U.S. EPA National Ambient Air Quality Standards (NAAQS) and/or Colorado
Department of Health Standards, whichever is more strict, and then at no more than twenty
percent(20%) opacity.
(3) A violation exists when the Town of Avon is in receipt of three (3) or more calls
from individuals representing separate properties witb*the Town of Avon within an eight hour
period relating to a single odor description'''ot#,vrin4mplor+'
idCtae fijg'._sg~le,utc~. The Town of Avon shall provide a designated phone
number to call to report an odor complaint. The complaints shall be recorded by a staff member
or by electronic means and shall be considered as an individual odor complaint when the
following information is provided:
a. Name, address, and phone number of complainant
b. Time and date of call.
c. Description of odor nuisance, including estimated location or source of
complaint.
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(b) Exceptions. Violations of the odorous air contaminant standard may not be subject to
penalty if any of the following circumstances exist:
(1) The routine start up, shut down, cleaning, maintenance or testing of machinery or
equipment designated to control, reduce or eliminate emissions, where persons
undertaking such activities notify the Town of Avon in writing forty-eight (48) hours
in advance Such
notice shall include the date, duration and approximate time that the repair or
maintenance activity shall be engaged in. Approval of the activity must be provided
in writing by the Town of Avon, which may add limitations to the proposed actions if
deemed necessary to best address the public welfare.
a ►«~eigltt-hoot a ai)Ose. After receipt of said notice, the
Town of Avon may, if deemed necessary, issue public service advisories that odor
conditions may exist.
(2) Temporary sources or events, such as rodeos, county fairs and stock shows.
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INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PSOTED, This day of , 2001, and a public hearing on this
Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the day of . 2001, at 5:30 p.m., in the Municipal
Building of the Town of Avon, Colorado.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:-