TC Minutes 04-09-1991MINUTES OF THE'REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 9, 1991 - 7:30'P.M.
The 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 Jerry Davis at 7:33 p.m.
A roll call'was taken with David Garton, Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Tom Ptach present. Also presenter were.
Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services Larry Brooks,
Police Chief Art Dalton, Fire Chief Charlie Moore, Director of
Community Development Rick Pylman, Planning Jim Curnutte, Public
Relations Officer Teresa Albertson, Town Clerk Patricia J. Doyle, as
well 'as members of the press and public.
The Mayor called for Citizen Input.
There being no one wishing to be heard, the Mayor closed that portion
of the agenda.
Second reading of Ordinance No. 91-4, Series of 1991, AN ORDINANCE
AMENDING THE WILDRIDGE SPA PLAN BY AMENDING THE LAND USE DESIGNATION
OF LOT 38, BLOCK 2, WILDRIDGE SUBDIVISION, FROM DUPLEX USE TO,TWO
SINGLE FAMILY LOTS.
Rick Pylman'reviewed this project request with the Council. This was
second reading and public hearing. 'He stated that in order- to complete
this application it was required to have final plat approval. There was
a resolution that would reflect approval for final plat.
The owners of Lot 38, Block 2, were requesting SPA amendment which was
azone change and a final plat to split Lot 38 into two single family
lots. The Planning and Zoning Commission voted 7 to 0 in favor
of the request. The staff recommended approval. He stated that there was
really no criteria to evaluate-this kind of request in Wildridge.
There were no minimal lot sizes in Wildridge. He stated that the lot
was large enough,.relatively flat, and would,not have any problems
accommodating this project. The square footage of the two,proposed
lots was":.15,750 square feet each.
Councilman Garton stated that he had a concern with setting a precedent
of allowing duplex lots to be split into single family lots.
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Councilman Stovall stated that he had a problem of not having a
criteria for subdivisions in Wildridge.
The Council agreed that there needed to be some guidelines for this issue
by the next meeting.
The Mayor opened the meeting for public hearing.
Rhoda Schneiderman, one of the owners of Lot 38, approached the Council.
She stated that she did not understand the difference between a
single family and a duplex when the density was not being increased.
She thought Council would be interested more in how much of a footprint
was left on a certain size of land rather than how many dwellings were
on the land. She stated that people have their own tastes. She stated
that the Town has gotten so locked into a certain frame work that
it did not allow people to express their individuality, especially
if there was no harm done.
Jerry Vermonti, Edwards resident and half owner of Lot 36 in Wildridge.
He felt that there were no controls in Wildridge. He stated that the
larger lots in Wildridge was the attraction to that development,
whereas, other places in the valley, it was maxed to their setback
lines. He stated that the zoning in Avon needed to be more clearly
defined.
Derek Pysher, employeed with Vail Valley Real Estate Brokers, approached
the Council. He also was a resident of Avon. As far as splitting the
property into single family lots, he felt that if duplex lots were
changed into single family lots, the adjacent lots would loose their
value, and he felt this was inconsistent with the Wildridge Subdivision.
The Mayor closed the public hearing and called for discussion from
the Council.
The Mayor entertained a motion.
Councilwoman McRory moved approval of Ordinance No. 91-4, Series of
1991 on second reading. The motion was seconded by Councilman Reynolds.
Councilman Stovall did not agree and wanted to see some objective
criteria before he could approve the ordinance.
Councilmen Garton and Ptach agreed.
The Mayor called for roll call.
Those Councilmembers voting aye were Gloria McRory and Albert Reynolds.
Those Councilmembers voting nay were David Garton, Mike Bennett, Jim
Stovall and Tom Ptach. The ordinance did not pass on second reading.
The Mayor suggested that staff have some information on criteria of
subdivisions of lots in Wildridge for the next meeting.
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The Town Manager suggested that the Council may want to-consider
just tabling the ordinance until this information was available and
then act on the second reading of the ordinance at that time.
Councilman Garton moved to re-consider Ordinance No. 91-4, Series of
1991. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Councilman Ptach moved to table Ordinance No. 91-4, Series of 1991
until April 23, 1991. The motion was seconded by Councilman Stovall
and was unanimously carried.
Councilman Garton moved to table Resolution No. 91-10, Series of 1991
until April 23, 1991. The motion was seconded by Councilwoman McRory
and was unanimously carried.
Resolution No. 91-7, Series of 1991, A RESOLUTION SUMMARIZING EXPENDITURES
AND REVENUES FOR EACH FUND AND AMENDING THE 1991 BUDGET FOR THE TOWN
OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY
OF JANUARY, 1991 AND, ENDING ON THE LAST DAY OF DECEMBER, 1991.
This resolution would allow the amendment of the 1991 budget to reflect
$15,200 for Special Events Personnel and, $2,500 for the Transportation
Task Force.
Councilman Garton moved approval of Resolution No. 91-7, Series of 1991.
The motion was seconded by Councilman Ptach and was unanimously carried.
Resolution No. 91-8, Series of 1991, A RESOLUTION OF THE TOWN OF AVON
TO PROVIDE A DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES OF THE TOWN.
Bill James stated that,there was, at this time, a deferred compensation
plan in place for the town employees. This fund was totally voluntary
in which the employees to set aside additional funds for retirement.
He stated that this resolution would allow the town to transfer from
the current financial group (Nexus) to ICMA Retirement Corporation or,
the ICMA Retirement Trust.
Councilman Garton moved approval
1991. The motion was seconded by
unanimously carried.
of Resolution No. 91-8, Series of
Councilman Reynolds and was
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Next on the agenda was an update report on on-street parking for
Town streets.
Art Dalton showed a video of the Avon streets that do not allow
on-street parking, and then showed the Town of Breckenridge that does
allow on-street parking on certain streets in Breckenridge.
It was the consensus of the Council that the decision should be put
on hold until a traffic study was done for Avon and then at that time,
the Council would take another look at the on-street parking for Avon.
The Miniature Golf Course for the park was next on the agenda.
Councilman Ptach stated that he had received a call from a Avon
resident which was concerned of the proposed location of the Miniature
Golf Course which was to be installed this summer. It would be
located near the compound and the lake area, the reason being that
it would reduce operating costs.
Councilman Stovall felt it was too close to the lake and that the
location was a busy corner in the park.
Councilman Garton stated that the golf course should go where it was
originally planned for this summer, and if there was a problem then
staff could move it to a different location for the next summer season.
Staff was directed to proceed with the Miniature Golf Course as planned.
Councilman Bennett moved to direct the Town Manager to execute the Service
Agreement between the Town of Avon and Mark Donaldson in respect to
the Affordable Housing Project in the Wildridge Subdivision. The motion
was seconded by Councilman Reynolds and was unanimously carried.
Next on the agenda was the Appeal requested by Greg Kraft for Lot 18,
Block 1, Wildridge Subdivision.
Jim Curnutte gave a brief history of the Wildflower Project, Lot 18,
Block 1, Wildridge Subdivision. He stated that on March 8, 1991, the
Planning and Zoning Commission reviewed and unanimously denied Greg
Kraft's final design review application for a four unit residential
project on Lot 18, Block 1, Wildridge. The Planning and Zoning Commission
based their denial on criteria 6.16 of the Design Procedures rules
and regulations, citing the objective that no improvement be so
similar or dissimilar of others in the vicinity that values, montary
or aesthetic will be impaired. Staff felt that the application was
complete and recommended approval with the following conditions:
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Project signage and entrance lighting be discussed and approved by
the Planning and Zoning Commission.
Mr. Curnutte stated that there were no objections received from surround-
ing property owners.
Greg Kraft,:--owner of the project, approached the Council...
Mr. Kraft reviewed some of the comments of the Commission. He stated
that there were several.comments:
1. The Commission:wanted:~the signage moved-from the side of the
building to a free standing sign by the entrance to the project.
2. The Commission requested that they wanted the.trash can enclosures
eliminated and-,to,allow.each unit to have-individual pick up.
3. The Commission felt, there was too much 'sphalt-. He stated that he
had revised the lot somewhat and eliminated approximately 10% of the
asphalt, and-added some trees.
4. The-,Commission.did not like the location of the building.
5. They stated that*there,was too,much mass:
Mr.,Kraft stated that an average townhouse in,Wildridge constituted
around 2000 square feet. He stated that his entire building constituted
a600 square feet. He stated that he has the right to build four
units on this particular lot. He stated that in terms of the mass,
he was using only one third of the amount of sapce that a normal
building would use.
6. The Commission stated that the project would adversly effect
property values.
Mr. Kraft stated that the truth was•directly to the contrary. He
stated that his,-.units were to sell for the high $80,000 figure and
would be 960 square feet in size. Mr. Kraft asked the Town Council
to recognize the•problem and requested the Council to overturn the
Planning and Zoning Commission's decision of denial of this project.
Discussion followed.
Councilman Stovall stated that he was not clear of the Planning and
Zoning's reasons for 'denial. He felt the Commission was not direct
enough, therefore he was noting in favor of Mr. Kraft's project. He
felt-that Mr. Kraft had the right to build the project.
Councilman Reynolds asked what the Planning and Zoning Commission
wanted Mr. Kraft to do so as to receive approval. It was stated that
the Commission wanted'Mr. Kraft to redesign the building.
Councilman Bennett stated that he did not want to send Mr. Kraft back
to the Planning and Zoning Commission. He felt Mr. Kraft had a decent
project"~.He suggested that Council look at the conditions that they
felt were needed and let Mr. Kraft get on with his project. He
stated that he'had been before the Planning and,Zoning Commission twice
and had been denied twice. He felt it was time to proceed.
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Councilman Davis stated that as a matter of process, he disagreed
in the sense that the Council was not the Planning and Zoning Commission
and the Council did not act in that capacity. He stated that the
Council had the ability to overturn their decision and if changes were
needed, then the Council's action plus the changes should go back
to the Commission, have them take time to look at the project and work
with the applicant to get this project started.
Councilman Ptach moved to overturn the decision of the Planning and
Zoning Commission with the contingency that the applicant address
the drainage situation on the north side of the building, snow and
water management and accept it as it was presented to the Council
which took into consideration, the changing of the signage, varying
the driveway, additional landscape materials, lighting and elimination
of the trash enclosures. The motion was seconded by Councilman
Bennett.
Councilman Stovall felt that it was the right solution, but felt it was
not the right process. He felt it should return to the Planning and
Zoning Commission with Council's recommendations.
Councilman Garton stepped down due to conflict of interest.
The Mayor entertained a roll call.
Those Councilmembers voting aye were Mike Bennett, Gloria McRory and
Tom Ptach. Those Councilmembers voting nay were Jim Stovall and
Albert Reynolds. Councilman Garton abstained.
The motion carried in favor of overturning the decision of the Planning
and Zoning Commission. The Council directed Mr. Kraft to proceed
with his project.
Mr. Kraft thanked the Council for their consideration.
The Council then recessed at 9:30 p.m. and reconvened at 9:40 p.m.
The Avon Road Separated Grade Crossing Project Contract Modification
Order No. 2 was next discussed.
Norm Wood stated that when the separated grade crossing project was
put out to bid, there were a few items that were not totally
completed at that time. Contract Modification Order No. 2 did
provide for those additions. He stated that the items consisted of;
1. Top rail of the north handrail on the railroad bridge.
2. Revisions of the northwest wingwall on the Eagle River Bridge to
match the northwest wingwall.
3. The addition of a section of bike path under the Eagle River
Bridge.
4. the Addition of reinforced concrete cutoff wall to the 24 inch
raw water line.
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Mr. Wood recommended approval contingent upon approval by the State
Highway Department.
Councilman Ptach requested that staff supply the Council with a
financial work sheet for this project to show the whole project budget.
The staff agreed.
Councilman Bennett moved approval of the contract modification order
No. 2 contingent upon the State Highway Department approving the same.
The motion was seconded by Councilman Garton and was unanimously carried.
There would be a tour of the Avon Road Separated Grade Crossing
underpass next Tuesday, April 16, 1991 at 4:00 p.m.
Next on the agenda was a Proclamation for the Week of the Young Child,
April 7-13, 1991.
The Mayor read the proclamation into the record.
Councilman Stovall moved approval of the Proclamation as read. The
motion was seconded by Councilman Reynolds and was unanimously carried.
The Mayor reported on several issues.
The Eagle Mine Tour was scheduled for today, April 9, 1991. He stated
that in conjunction with that issue, the Town Manager of Minturn called
with some information on the mining laws. He stated that on April-
12, 1991, a Hearing had been scheduled, in Denver, in respect to these
mining laws. He directed the Town Manager to draft a letter to the
Hearing Committee in support of changing the mining laws.
The Mayor suggested that the Council schedule a work shop in the near
future, possibly in June to discuss priority items such as, bike path,
Eagle-Vail exchange, circulation around the Town Shopping Center area,
and to look at the budget to see if some of these items could be
accomplished.
There was a Northwest Colorado Council of Governments Water Quality
meeting scheduled for Friday, April 12, 1991.
The Town of Vail had invited the Town of Avon's Council and staff
to join them at the Colorado Municipal League's Conference which was
being held in Vail this-year, June 18-22, 1991
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The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #13. The motion
was seconded by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for April 9, 1991. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for April 9, 199. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved approval of the March 26, 1991 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Items under other business:
Bill James stated that he had received a Letter of Intent from
Jerry Butler(Grand - on - Avon) subject to further agreement. There
were some changes in the Letter of Intent, paragraph 3 and paragraph
5. Mr. James then presented the Council with the tax revenue that would
be generated from that project.
After discussion, the Council directed Mr. James to proceed.
There being no further business to come before the Council, Councilman
Ptach moved to adjourn. The motion was seconded by Councilman Stovall.
The meeting was adjourned by Mayor Davis at 10:24 p.m.
CTFUL 5U 1'1" ED:
ci J. Doyle
Clerk
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