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TC Minutes 05-28-19910 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 28, 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 7:31 p.m. A roll call was taken with Mike Bennett, Gloria McRory and Jim Stovall present. Councilmembers David Garton, Albert Reynolds and Tom Ptach were absent. Also present were Town Attorney John Dunn, Town Manager, Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Sergeant Gary Thomas, Fire Chief Charlie Moore, Director of Community Development Rick Pylman, 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. Donna Nix requested that she be rescheduled for the June 11th Council Meeting. The Council agreed. Terry Halverson approached the~Coun&il. He stated that he had a couple comments on the traffic in Avon, especially the speed limit on West Beaver Creek Boulevard. He stated that there were places on West Beaver Creek Boulevard that the speed limit was too slow. He stated that some serious consideration should be taken to look at the speed limit on the new detour. The second comment was that some serious consideration should be taken to elevate as many traffic problems as possible. Possibly have officers at the intersection to direct traffic at those peak times. He felt the people were not coming into Avon because of the detour. He stated that anything that the Town could do to elevate those problems should be taken. Mr. James stated that he was not comfortable increasing the speed limit on that road. There were sections of concern on the west side of the boulevard. Allan Nottingham, a resident of Avon, approached the Council. He was opposed to any speed limit increase. He stated that there were children living on that boulevard, bikers and joggers. He stated that this detour was only temporary and that it should be left as is. Tom Hines, resident of Avori'and living at 610 West Beaver Creek Boulevard, approached the,Council. He,stated that if the speed limit were increased to 35 mph, drivers would go 45 mph. He was in favor of keeping_ it'at 25 mph. Gary Thomas stated that the officers do control the Boulevard. He stated that if was 1ncreased,to_35..mph, there would be problems in the winter due to the curve. He stated that the driver would only gain- 30 seconds driving that stretch if it were increased'to 35 mph. - After some discussion,,-the,Council agreed to leave it as it was. The next issue was",the,leash-law in Avon. There was,a letter, of concern written to the Town Council from David:Yoder"regarding the leash law of Avon. Gary'Thomas stated that they had not seen any increase or decrease of the -dog problem. He stated there was some abuse of the interpretation of the ordinance of "what was voice control". Councilman Bennett felt the residents should be notified of what the law was for dogs in Avon. Mayor Davis stated that the Town either hire a animal control officer or, amend the Dog Ordinance. The Council discussed the trapping of dogs. Councilman Stovall suggested to have the ordinance placed back on the agenda to re-address this issue. The Council agreed. The next issue was parking on Nottingham Road. The Council received a'letter from Stephen Smith requesting that parking'be permitted on Nottingham'Road. The Council,disagreed, and stated that the community should be informed of the on-street parking in Avon. Richard "Crash" Craddock approached the Council. Mr. Craddock was with Brittany Entertainment, Inc. He was proposing to bring entertainment to the area, to have concerts throughout the summer months. He stated that they would be responsible for all the funding. They would pay to the-Town a percentage of profits, the management for the events would fall under their responsibility to include insurance, and other areas of security. The facility of-maintenance would fall'on their responsibility for any damages-to the park, etc. He stated that Personnel and staffing to run the events, hopefully would come from this Market. It was stated that they would bring their own consessions. -2- • Mayor Davis suggested that they talk, 'to.LarryBrooks to coordinate the use of the park, fencing, and the use of the park staff. Mayor Davis stated that he would,like.to see percentages that would go to the Town to come from the'gate or total intake rather than from the profits. It was stated that the shows would end between 8:00 p.m. to 9:00 p.m., and they would.re-arrange the staging area. The Council`was•in,agreement with the above entertainment proposal, and suggested that Mr.`Craddock meet with Bi•11 Jame „s and the staff. It was also suggested that they meet with Debra Ramsey of the Vail Valley Marketing Board to'discuss this proposal. There being no further Citizen Input, the Mayor closed that portion of the agenda. Second reading of Ordinance No. 91-10, Series of 1991, AN'ORDINANCE REPEALING AND REENACTING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON PERTAINING TO ZONING AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Rick Pylman reviewed the history leading up to the zoning revisions. He and Peter Jamar gave a presentation to the Council and to.the public. They reviewed the revised changes of,the zoning code. Mr. Pylman stated that they added three new chapters to the zoning code. The SPA Zone District was changedto PUC Zone District. They also added an Environmental-Impact Statement Chapter. The third was,the Mobile Home Park Development Standards. The Town Center Zone District was amended as follows: 17.20.020-B-3 - allowed uses: restaurants, excluding drive through- 17.20.020-C-5 - Drive through windows 17.20.020-C-6 Service Stations 17.20.020-D-1 - Minimum Lot Size: 30,000.square feet He stated that Lot 3,,Block 3, was zoned solely as commercial zone, which was the only allowed use at the present time. 'He stated that going to RHD - 20 units per acre and no commercial, matched the development around the property. The owner expressed a concept of mixed use for that property. There was some concern of 25 units per acre and commercial in that zone and-the staff thought it was too great for that property. He stated that after reviewing this further, they amended the RHDC from 25.units per acre-to 20 units per acre, which would accommodate that use. The Mayor opened the meeting for public hearing. -3- Mr. Donaldson approached the Council. He was representing the owner of Lot,3, Block 3. He stated that they would go along with the new definition of the RHDC classification which would allow them to have the minor commercial use and the 20 units per acre. The map would be changed to reflect the RHDC and lower the density from 25 units per acre to 20 units per acre. Councilman Davis asked if the Sunroad Properties were in accord with the changes. Mr. Eddy stated that it respresented a viable compromise. Terry Halverson asked what the review process would be for a service station. Mr. Pylman stated that it would need a Special Review Use, notification would go to all adjacent property owners, and a public hearing by the Town Council. Mr. Halverson stated that he would be opposed to a service station in the TC Zone District next to 1ST Bank. Dave Tyrrell approached the Council. He stated that there was a sealed bid auction proceeding for Avon Center, parcels A and B, which was the commercial space and parking lot. All the density was stripped from parcel B and placed on parcel C. He stated that parcel B would loose all density. He asked when would these new zoning revisions take place. Mr. Pylman stated that they recognized " those two parcels and that they had grandfathered the development rights on those two pieces of property. Allan Nottingham was concerned of the decision of the Council to eliminate fractionalization and development rights for Avon. Secondly, he stated that each duplex in his area (West Beaver Creek Boulevard) was allowed an accessory unit. He stated that he could see a restriction on one bedroom, but not on the square footage. Mr. Pylman stated that they would take a look at that concern. Chris Eckrem had a concern of what the impact would be to the property in Eaglebend on the northside of Eaglebend Drive if the Council made the decision to eliminate fractionalization. Mr. Pylman stated that the Development Rights would be grandfathered but there was no fractionalization approval for that parcel. The Mayor closed the public hearing. Councilman Stovall indicated that he did not like the idea of a service station on the Sunroad Property, and there should be some limitation on accessory units. He requested that the ordinance be tabled until June 11, 1991. -4- • The Mayor stated that he was not in the Sunroad property. He had hoped out. He agreed that the ordinance concerns could be worked out. favor of a service station on that something could be worked should be tabled until these Chris Eddy with Sunroad Enterprises, Inc. approached the Council. He asked under what zoning was a service station allowed. Mr. Pylman stated that it was in the Neighborhood Commercial District and the Shopping Center Zone District. Mr. Eddy stated obviously the Shopping Center Zone District was relatively remote as it related to a service station, which relied on Interstate traffic, and in the Neighborhood Commercial District, the access was not clear south of Avon, but the parcel to the north of Town essentially would be granted a monoply on service stations. He stated that the staff had identified some areas where service stations could go and some remote areas where service stations could not go. He felt that the Council had the wrong concept of a service station. He stated that a service station could simply be a station to where people would purchase gas and then leave. He stated his concern was that they had the right to have a service station on their parcel, but that right was simply being taken away. Rick Rosen, legal counsel for Sunroad Enterprises, Inc. approached the Council. He asked if they were to assume bf what they thought had been negotiated with the staff, was no longer negotiable. Would they have to return and work with staff to do the process from the beginning. He stated that they have some legal concerns. It was his assumption that after talking with staff that service stations were recommended through Special Review Use. He, stated that the Council was now considering tabling the ordinance on second reading when the Council had control on that particular matter as it stood with the recommendation with staff approval. Again, he stated that he had a real concern. After some discussion, Councilman Stovall moved to table Ordinance No. 91-10, Series of 1991 in order for those concerns to be worked out to everyone's satisfaction. The motion was seconded by Councilwoman McRory and was unanimously carried. It was stated that there needed to be a specific location for service stations. The Council recessed at 9:45 p.m. and reconvened at 9:55 p.m. -5- 0 0 Resolution No. 91-12, Series of 1991, A RESOLUTION ADOPTING THE TRANSPORTATION MASTER PLAN FOR THE TOWN OF AVON. Arnie Ullevig reviewed the Transportation Master Plan with the Council. He presented a summary of the draft of the Plan. Mr. Ullevig showed slides of charts and maps of the system throughout Avon. The Mayor opened the meeting for public hearing and was closed with no discussion. Mr. James stated that a couple other studies that the Council was working on was the Urban Design and Streetscape Plan, Recreation Master Plan and the Housing Policy. Councilman Bennett moved approval of Resolution No. 91-12, Series of 1991. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Bennett moved approval of the Outdoor Use of Amplification Sound for the Avon/Beaver Creek Resort Association's Special Events, which would occur on July 4th and July 12th, 1991. The motion was seconded by Councilwoman McRory and was unanimously carried. There was a public hearing on this matter with no discussion. The Mayor stated that Councilman Tom Ptach would be resigning from the Council as of July 10, 1991. James Johnson approached the Council. He requested that the Council help sponsor Governor Romer's Regional Forum on Mothers and Children at Risk, which would be held in Eagle County on the 19th of June. The only request was to use the Town of Avon's name on the advertisements that the Town would support this Forum. This task force was put together for families at risk. It was the consensus of the Council that they would support this program. The Mayor reported on the Great American Trash-Off Day, June 1, 1991. A letter from the Governor's office was in regard to the President signing into legislation funds for Federal Housing to help the states deal with the increasing housing needs. He stated that there was a meeting in Summit County on June 20th, 1991 at 1:30 p.m. to 4:30 p.m. The Mayor requested that one or two representatives from the Housing Committee attend the meeting to represent the fact that the Standards for Low Income did not necessarily fit Avon's community. -6- 0 • Councilmembers Reynolds and Garton were appointed to attend the meeting. A work session was scheduled for Friday, May 31, 1991 at 12:00 noon to discuss the Entertainment Center and to review two concerns of the zoning revisions. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 through #3. The ;notion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for May 28, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the General Fund of Accounts Payable for May 28, 1991. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the May 14, 1991 Council Meeting Minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. There being no further business to come before the Council, Councilman Stovall moved to adjourn. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Davis at 10:50 p.m. -7-