TC Minutes 05-12-19926 i
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MAY 12, 1992 - 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 7:32p.m.
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds present. Also resent were Assistant Town Attorney Larry
Hartlaub, Town Manager Bill James, Director of Engineering Norm
Wood, Director of Municipal Services Larry Brooks, Director of
Community Development Rick Pylman, Building Inspector Joe McGrath,
Police Chief Art Dalton, Fire Chief Charlie Moore, Fire Marshall
Carol Gil-Mulson, Public Relations Officer Teresa Albertson, Town
Clerk Patty Neyhart, as well as members of the press and public.
First item under Citizen Input was Goshawk Townhomes.
Ms. Deb Taylor thanked Council for sending copies of the
literature that included the estimate from Glen Ellison and the
Town Clerk's minutes. Ms. Taylor questioned Council on what /
how to proceed. Council's consensus was that no promises had been
made in previous meetings and the minutes stated to continue
working together with regards to fencing or landscaping between
Goshawk and Wildwood Townhomes. Ms. Taylor noted that a meeting
of the Goshawk Homeowners produced another option as they felt
their suggestion of trees and shrubs was too expensive after
seeing Mr. Ellison's estimate. Goshawk Homeowners suggested a
fence (wood, approximately 61) between the Goshawk and Wildwood
Townhomes. Ms. Taylor added that Goshawk Homeowners will provide
the labor if the Town could provide the materials. Discussion
followed on trees and shrubs versus fencing. Council suggested
the Goshawk Homeowners secure bids for fencing and alternate
trees/shrubs to present to Council. Ms. Taylor questioned time
frame for paving the road. Mr. Rick Pylman responded the pavers
are scheduled for May 18th. Ms. Taylor questioned who to speak
with in regards to curb replacement and now the curbs are
following apart. Mr. Pylman responded that he will discuss the
curbs with Holy Cross Electric.
Next under Citizen Input was Bobfest Overnight Camping.
Ms. Dana DelBosco, working with Vertical Marketing to produce the
Bobfest, requested overnight camping be allowed in the Avon Towne
Square on Friday, Saturday, and Sunday, May 22, 23, and 24, 1992.
Ms. DelBosco stated this request is in conjunction with the
Bob-be-cue scheduled for May 23 in Cassidy's parking lot. The out
of town bob-be-cuers need camping facilities in close proximity to
their bob-be-cues. Ms. DelBosco added that there is no request
for overnight camping to date as all interest is from local
bob-be-cuers.
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Ms. DelBosco stated the owners of the Avon Towne Square have been
contacted and have granted their approval for this with
stipulations of insurance, permits, and restoration; which Ms.
DelBosco informed have been secured. Ms. DelBosco added a
maximum of 20 bob-be-cuers are expected; bob-be-cuers cook
overnight; the overnight camping will be for bob-be-cuers only
with self-contained camping units.
Councilor Pysher motioned to approve overnight camping on the Avon
Towne Square lot for Fri., Sat., and Sun., May 22, 23, and 24,
1992 to only bob-be-cuers who are registered participants with
self-contained camping units. Councilor Gersbach seconded the
motion and the motion was carried unanimously.
Ms. DelBosco noted: Bob Beer will be available for BobFest; Vail
Valley Foundation sponsorship of $3,500, Coca-Cola sponsorship of
$5,000; Flash Cadillac and Airborne are the bands scheduled for
BobFest; Banners, posters, tee-shirts, and pins are being
produced; highlighted activities for the weekend; $10,000 rain
insurance has•been purchased.
Next item under Citizen Input was Discussion-on Summer Solstice
and Salute.
Mr. Don Orrell, from Avon Beaver Creek Resort Association,
distributed informational outlines on Summer Solstice (June 20th)
and Salute-.(July 4th) detailing the planning,,schedule of
actidities,"and budget and discussed each event.
Mr. Orrell presented the 1992 Bud Four Man Beach Volleyball Tour
proposed for Avon's Nottingham_Park'August'15 & 16 OR August 29 &
30 depending on`ABC's'commitment. Olympic Gold Medalists and
several 1992 team members will be competing for $300,006 in prize
money during the 1992 Bud Four Man Volleyball Tour,.sanctioned by
the American Volleyball League. The ten event tour kicked off
April 4 & 5 in San Diego and will cumulate with a Championship
Event August 29 & 30 scheduled in Clearwater, Florida, maybe Avon,
Colorado. All events will be broadcast on ESPN. Mr. Orrell then
showed a video on four man volleyball. Town of Avon would offer
housing, transportation, and a court of 60 X 90 with bleachers
(approximate cost $18,,000); the Tour provides the rest. There.is
potential for this to be an annual event. Council agreed to
pursue this event. Council instructed Staff (Larry Brooks) and
Don Orrell to research the event this weekend in Phoenix and
report to Council at next meeting.
First Reading, Ordinance No. 92-13, Series of 1992, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF A PORTION"OF THE EAGLEBEND SPA
(TRACT B, BLOCK 2, FILING 2); ESTABLISHING A DEVELOPMENT PLAN AND.
ITS CONTENT AND ESTABLISHING DETAILS RELATING THERETO.
Mr. Rick Pylman informed Eaglebend Partnership is requesting a
PUD Amendment for a portion of the Eaglebend Subdivision.
Eaglebend Subdivision was annexed into Avon in the mid-19801s.
The adopted Zoning Plat lists the allowed uses and densities for
'each parcel of land in Eaglebend. The parcel discussed is.Tract
B:. The allowed,uses on Tract B are apartments, townhouses,
condominiums, and duplexes.
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The developer would like to build single family houses and is
requesting this PUD Amendment. Along with the Amendment, the new
zoning code requires approval of a development plan that details
what will happen on the property with the PUD Amendment. Mr.
Pylman displayed maps for Council's reference. Four different
models of single family homes are being proposed for Tract B at an
affordable price. The developer will be marketing the four house
schemes and as he sells a house and puts it-on the-piece of land
he will.create the lot around the house utilizing a more efficient
use of the land. No homes will be built on a speculative nature;
the homes will be built as the demand.. Planning and Zoning
Commission recommends approval with nine-conditions. The
Ordinance, as written, reflects the nine conditions. Staff
supports the Ordinance.
The development plan consists of the site plan, architectural
plans;-and a PUD guide (a zoning district written for that
property).' The allowed uses are single family dwellings and
accessory-buildings with fencing. Special Review Uses are.written
the same,as other Zone Districts. Development Standards are set
at a minimum 5,000 lot size. Building height is 351. Set backs
are 25' from front, 10' from back, and 7,'i/21 from sides of the
property line. Site coverage of 25%. The,total of habitable area
ratio (building size to lot size); square footage-of the house can
only equal 40% of the lot size. Minimum landscape area is 25%-of
each lot. Maximum density is 1 building per lot. Off street
parking is provided with a 2 car garage with 2'parking spaces in
front of each garage for each home. A shared driveways approach
will be used to minimize road cuts of only 9. Only the house
plans proposed will be allowed, no two identical will be
side-by-side, and,will be off-set to eliminate "row" housing.
Total density is 19 dwelling units; appr6ximately.1,500 square
feet plus garage, 3-bedrooms, starting at $120,000.
Mayor Davis called for a motion.
Councilor Hines motioned to approve Ordinance No. 92-13, Series
of 1992. Councilor Reynolds seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those.Councilors voting aye were Charlie Gersbach, John Hazard,
Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds.
Motion carried unanimously.
First Reading, Ordinance No. 92-14, Series of 1992, AN ORDINANCE
AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO CONTROL OF UNDESIRABLE PLANTS; AND PROVIDING PENALTIES
FOR THE VIOLATION HEREOF.
;Mr. Larry Brooks stated that in 1990 the State of Colorado passed
a Colorado Undesirable Plant Management Act. The law states that
is it the responsibility of,the land owner to manage designated
weeds•usincdntergraded methods. Intergraded.methods must include
a combination of cultural,' mechanical;, biological, or chemical
control.' '-The designated weeds are Leafy Spurge, Russian, Spotted
and Diffuse Knapweed. This Act requires the Town of Avon to
adjust current Ordinance that includes the Core Area to also take
into consideration *eed management in Wildridge, Wildwood, and
Forest Service Lands.
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This Ordinance fills this gap and makes the Town of Avon in
compliance with State Law. All municipalities in the State of
Colorado must pass a weed management Ordinance to cover all their
lands, all the Counties must do that as well. Staff recommends
approval of Ordinance No. 92-14 with the addition of two weeds;
the Canada and Musk Thistle.
Councilor Hines questioned the undesirableness.of the these weeds;
what is'the,problem with them. Mr. Brooks responded that the
problem-is that if these weeds are not managed they will continue
-to spread and eventually. infest other areas and become unsightly.
The weeds mentioned are invaders and not natural to the State of
Colorado.
Mr. Brooks added that the property owners are responsible to
manage these weeds;. the Forest Service is proceeding with this
already. The Forest Service is looking at using insects and
chemical procedures. An-intergraded program for management must
be.looked'at; one can not use only chemicals.
Councilor Hines is concerned about chemical abuse and the
environment; each owner is responsibility for weed management and
each owner will use chemicals. Fines are excessive. Mr. Brooks
added that the Town Staff's intent is to review processes with the
individual owners once a problem is identified. Notices are sent
out,with information. That information includes contacts to call
for information arid processes regarding compliance with state law
and least expensive solutions. Attorney Hartlaub noted fines are
standard to what is on the books.
Discussion followed.on Wildlife habitat and migration. It was
mentioned these weeds are not natural food to the wildlife in the
area.
Mayor Davis noted ,that the occurrence of these weeds are in
disturbed areas such as road cuts and developed areas; we have
created this problem by our actions.
Mayor Davis called for a motion.
Councilor Nottingham motioned to approve Ordinance No. 92-14,
Series of.1992. Councilor Reynolds seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were Albert Reynolds, Celeste
Nottingham, Tom Hines, John Hazard, Charlie Gersbach. Motion
carried with Councilor Derek Pysher opposing.
Second Reading, Ordinance No. 92-5, Series of 1992, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 15.08; ADOPTING BY REFERENCE THE
1991,,EDITIONS OF THE UNIFORM BUILDING CODE AND THE UNIFORM
BUILDING CODE STANDARDS; AND REPEALING CHAPTER15 A4
ADMINISTRATIVE,CODE-OF THE MUNICIPAL.:CODE 07 THE TOWN OF AVON AND
SETTING FORTH DETAILS IN REGARD THERETO
Second,Reading, Ordinance No. 92-6, Series of 1992, AN ORDINANCE
REPEALING,--AND REENACTING CHAPTER 15.12 OF THE;AVON MUNICIPAL CODE;
ADOPTING BY REFERENCE THE "NATIONAL ELECTRICAL CODE", 1990 EDITION
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Second Reading, Ordinance No. 92-7, Series of"1992, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 15.20 OF THE AVON MUNICIPAL CODE;
ADOPTING BY REFERENCE THE "UNIFORM PLUMBING CODE", 1991 EDITION
Second Reading, Ordinance No. 92-8, Series.of 1992, AN ORDINANCE,
REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON MUNICIPAL CODE
ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL CODE", 1991 EDITION
Second Reading, Ordinance No. 92-9, Series of 1992,, AN ORDINANCE,
REPEALING CHAPTER-15.32 OF THE AVON MUNICIPAL CODE AND REENACTING
CHAPTER 15132 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE
"UNIFORM'FIRE CODE", 1991 EDITION
Mr. Pylman stated with regards to the first four Ordinances;
Building; Electrical, Plumbing, and Mechanical, there are
corrections from the first reading. Corrections highlighted are
as follows;,a statement to each Ordinance spelling out-the-fine
($300) and jail term (90 days) for violations; a clause which
preserves any-pending enforcement actions on existing code
violations; minimum insurance corrections; and the technical
revision regards'a reduction in snow load bearing strength for
steep roof pitches.
Mayor Davis opened the meeting for a public hearing on.all the
Ordinances. There being no one wishing to be heard, Mayor Davis
closed that portion of the meeting.
Mayor Davis called for a motion.
Councilor Pysher motioned to pass Ordinances No. 92-5,_92-6,
9,2-7,.,,92-8, and 92-9,•Series of 1992'on-Second-Reading. Councilor
Hazard seconded.the motion.
With':no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were Tom Hines, John Hazard, Celeste
Nottingham,',Derek-Pysher, Albert..,Reynolds,,'Charlie Gersbach.
Motion carried unanimously.
Second'Reading of Ordinance No. 92-11, Series of 1992, AN
ORDINANCE REPEALING ORDINANCE 92-2.
Attorney Larry Hartlaub stated this Ordinance relates to the Local
Improvement District.
Mayor Davis opened the meeting for a public.hearing. With no one
wishing to be heard, Mayor Davis closed that portion of the
meeting.
Mayor Davis called for a motion.
Councilor Hines moved approval of Ordinance No. 92-11, Series of
1992. The motion was seconded by Councilor Reynolds.
There being no further discussion, Mayor Davis entertained a roll
call.
Those Councilors voting aye were Charlie Gersbach, Tom Hines,
Derek Pysher, Albert Reynolds, John Hazard, Celeste Nottingham.
Motioned carried unanimously.
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Second Reading of Ordinance No. 92-12, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON RELATING TO APPEALS FROM THE PLANNING AND ZONING
COMMISSION TO THE TOWN COUNCIL
Attorney Hartlaub informed this is the 20 day to the 30 day
change.
Mayor Davis opened the meeting for a public hearing. With no one
wishing to be heard, Mayor Davis closed that portion of the
meeting.
Mayor Davis called for a motion.
Councilor Pysher motioned approval of Ordinance No. 92-12, Series
of 1992. The motioned was seconded by Councilor Nottingham.
There being no further discussion, Mayor Davis entertained a roll
call.
Those Councilors voting aye were Celeste Nottingham, Derek Pysher,
Albert Reynolds, Tom Hines, Charlie Gersbach, John Hazard.
Motioned carried unanimously.
Second Reading of Ordinance No. 92-10, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 5.08 OF MUNICIPAL CODE OF THE TOWN OF
AVON BY THE ADDITION OF SECTION 5.08.190 PROVIDING FOR THE
ISSUANCE OF TEMPORARY PERMITS FOR THE ISSUANCE OF ALCOHOLIC
BEVERAGES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING DETAILS IN
REGARD THERETO
Town Clerk Patty Neyhart informed there are no changes to the
Ordinance from first reading. This Ordinance basically authorizes
the issuance of a Temporary Permit to a Transfer of Ownership
Liquor License Applicant. The Temporary Permit allows the
Applicant to take over the business operations without having to
wait the paperwork processing time. Temporary Permit is valid for
120 days and is issued within 3 days of receipt of the
application.
Mayor Davis opened the meeting for a public hearing. With no one
wishing to be heard, Mayor Davis closed that portion of the
meeting.
Mayor Davis called for a motion.
Councilor Hines moved passage of Ordinance No. 92-10, Series of
1992. Councilor Nottingham seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were John Hazard, Charlie Gersbach,
Tom Hines, Celeste Nottingham, Derek Pysher, Albert Reynolds.
Motioned carried unanimously.
Next was Mayor's Report.
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Mayor Davis presented a letter from the Town of Vail requesting
appointment of a Town of Avon Councilmember to the Vail Valley
Performance and Conference Center Citizens Advisory Committee.
Mayor Davis appointed Mayor Pro-Tem Albert Reynolds.
Mayor Davis read a letter from the City of Wellington requesting
support by Resolution to locate the Northern welcome and visitor
Center in Wellington, Colorado. Councilor Pysher motioned to
approved Resolution No. 92-(1_6_) supporting Wellington as the
location for the Northern Welcome and Visitor Center. Councilor
Reynolds seconded the motion and the motion passed unanimously.
Mayor Davis mentioned Loveland is offering a City Tour during the
Colorado Municipal League conference in Ft. Collins.
Next was other Business.
Mr. Bill James informed that a Public Works Facility Tour has
been scheduled for Friday, May 15, 1992; leave Avon Municipal
Building at 8:00am, tour Ft. Collins at 11:00am and Westminster
at 2:00pm. With Councilmembers' conflicts of scheduling, the tour
was cancelled and it was agreed Councilmembers will view Ft.
Collins Facility while attending the Colorado Municipal League
Conference in June or see the Town Clerk for a rescheduling of the
group tour.
Next was Committee Reports.
Councilor Nottingham reported that Drug Free Eagle Valley has
expanded to four counties, received a grant, and hired four people
to coordinate all types of human resource services to eliminate
duplication. A fund raiser is being held in the Wal-Mart parking
lot; a geranium sale on Saturday, May 23rd.
Mayor Davis stated the County will participate in the lobbying
effort for the purchase of the busses.
The Financial Matters were next presented to Council.
Councilor Hines moved to receive items #1 thru #13 and approve
items #14 thru #17. The motion was seconded by Councilor Reynolds
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines moved approval of the April 28th Regular Council
Meeting minutes as presented. The motion was seconded by
Councilor Nottingham and was unanimously carried.
There being no further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Reynolds. The
meeting was adjourned by Mayor Davis at 10:13pm.
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RESPECTFULLY SUBMITTED:
Patty Ney art, Town Clerk
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