Loading...
TC Minutes 09-13-19940 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 13, 1994 - 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 Albert Reynolds at 7:50PM. A roll call was taken with Councilors Jack Fawcett, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy Yoder. Councilor John Hazard was absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Community Service Officer Steve Hodges, Planner Mary Holden, Town Engineer Norm Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Gary Thomas, as well as members of the press and public. First item on the Agenda under Citizen Input was the Drawing of Candidates' Names for Positions on the Election Ballot. Town Clerk Patty Neyhart presented the names in a red, white, and blue basket. Judge Buck Allen drew the names from the basket, in the order to be placed on the ballot. The names will appear on the ballot in the following order: Judy Yoder, George "Coop" Cooper, Jim Roof, John Hazard, Jim Benson,,,John "Jack" Grimes, Jack Fawcett, Suzanne Railton, Richard Carnes. Next item on the Agenda under Citizen Input-was the Elementary School Design. Ms. Suzanne Railton, representing the Planning & Zoning Commission (P & Z),'updated the Council on the refusal of final design for the elementary school design. Ms. Railton stated the main concern of the design was the roof form, which happened to be like a butterfly shaped roof with flat roofs. Ms. Railton added that another concern was the lack of detail in the building. Also, the colors were not very exciting for an elementary school. In general, the architects were reluctant to incorporate P & Z's comments in the design. As a result of all that, P & Z did not grant a final design review, but, the School District seemed to think that is not a problem anyway. Mayor Reynolds questioned if someone from P & Z went before the School Board. Ms. Railton stated no, we thought we would come before Council first and seek Council's thoughts. P & Z's deciding vote was 4 to 3. Ms. Railton added the modern building was not very well received, but there were little details on it that could have been worked out and they might have had a better vote. Councilor Fawcett thanked Ms. Railton for coming before Council and explaining P & Z's decision. Councilor Fawcett asked if we have any right to determine what the school district builds or are they outside our zoning laws. Attorney Dunn stated the school district statutes exempts school buildings from compliance with local zoning. Councilor Fawcett stated, so we are mainly in an advisory capacity. Attorney Dunn added as far as consultation; but there is language in the statute that provides the school district may do as they wish. Ms. Railton felt that it is a shame they didn't take notice of P & Z's input; that building is going to be standing longer than us. Councilor Fawcett stated the 4 to 3 vote concerns him a little, because it is so close. If P & Z believes that strongly in their decision, they should go forward and meet with the School Board. Ms. Railton telephoned Mr. Don Marks, the President of the School Board, and informed him of the P & Z's feelings. Ms. Railton stated Mr. Marks reserved comments. Mr. Bill James stated he was told.by our.Town Planner Mary Holden that the School District had received criticism for over designing the Gypsum and Edwards Schools. So, they were concerned about that and didn't want to over design the Avon elementary school. This comment was from their architect. Councilor Hines asked if the school district incorporated any suggested items between conceptual and final design review. Ms. Railton stated yes. They improved the landscaping, they changed the car parking, and the accent colors were changed. Planner Mary Holden made comments away from the microphone, thus unable to transcribe. P & Z asked them about energy conservation measures and none were incorporated. Councilor Nottingham expressed her concern. She felt the school district built gorgeous buildings in Gypsum and Edwards. Councilor Nottingham does not want Avon to be short changed. Discussion followed as to what direction Council should take. Attorney Dunn noted that statutes provide the Planning Commission or governing body may request a public hearing before the Board of Education relating to proposed site location or site development plan. The Board of Education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing and provide written notice of the hearing to the requesting Planning Commission or governing body. Discussion followed as to what direction Council should take. Council's consensus was that P & Z should attend a school board meeting to express the Town's desires and to work with the school district. Councilor Yoder volunteered to go to the school board meeting with P & Z. Mayor Reynolds thanked Ms. Railton for her presentation. Next item on the Agenda under Citizen Input was the Eagle Valley Cycling Coalition. Ms. Gaye Steinke and Mr. Paul Gothelf were the presenters. Ms. Steinke stated this is a newly formed Eagle County citizen coalition. Ms. Steinke discussed the seven objectives of the group. They are; 1.) completion of Dowd Jct./Hwy 6 recreational path, 2.) support in asking for a full time Eagle County Bicycle and Recreational Planner, 3.) making Hwy 6 a safe thoroughfare for bicycle and recreational traffic, 4.) support in seeking grant money, 5.) encouraging Eagle County to provide general fund money for construction of recreational trails and highway shoulders, 6.) better maintenance of established trails, paths, and road shoulders, and 7.) continued observance of the Eagle County Trails plan. Ms. Steinke discussed the reasons for seeking Avon's help. They were; 1.) safety of the Valley's citizens, 2.) economics of bicycling, 3.) bicycling is not a fad, it's here to stay, 4.) the Vail Valley needs to have the goods to back up the world wide exposure, and 5.) Eagle Valley has a burgeoning traffic problem. 2 Mayor Reynolds informed that earlier this afternoon Council met with the County Commissioners for approximately one hour. Most of that hour was spent on bike paths. Financial issues were mainly discussed. Bicycle licensing was mentioned. Mr. Gothelf stated financing is a concern. Perhaps the Town of Avon would contribute during the budget time. We need a group effort; Town of Avon, Vail, Eagle County.- Financing options were discussed; bicycle licensing, easement grants, contributions, percent added to rentals, inclusion in transportation tax to be put on ballot, and perhaps a professional fund raiser. Mayor Reynolds stated the spirit is everyone wants to work together. Mayor Reynolds thanked Ms. Steinke and Mr. Gothelf for coming before Council. Next item on the Agenda under Citizen Input was Animal Control Discussion. Mr. Ken Holzman,'a resident in Wildridge, expressed concern of the newly adopted Animal Control Ordinance. Mr. Holzman felt' townhome and condominium owners are treated differently than single family duplex owners, in cases where a dog might be classified as a potentially dangerous animal and tethering.- Mr. Holzman informed he tethers his,dog outside his townhome. And, should my dog be involved in an incident, it can be classified as a potentially dangerous'dog. A duplex or':single family owner doesn't face the potential of not being able to tether that dog any longer. Because of the common areas in townhomes the policy says that, if it is classified as a potentially dangerous animal, it can not be tethered out there anymore; I'll be in violation of the Ordinance. I don't see what the difference is; other than a duplex owner has a house attached to it - I have a house attached to mine on either side. The area where I do tether my dog is a parking area that is for my exclusive use. I just don't think that it is fair to be treated differently, because I am in-a townhome situation, rather than a duplex or single family home. The Ordinance says common area, period. It does not say general common area; limited common area. Councilor Roof asked as the owner, you don't really own property outside. Mr. Holzman stated he owns 20% of that property outside. Councilor Roof asked if it was defined as this is your 20t. Mr. Holzman stated but my parking area, my decks and patios are considered limited common area. That area is maintained by the Association, but for my exclusive use. Discussion followed on public versus private property and the differences in the animal control ordinance versus the open container ordinance. Mr. Holzman informed that he has his dog as a watch dog,•as well as a pet. Mr. Holzman feels he has less of a right to protect his home than a duplex or single family home owner. The dog is there to protect that property and some one comes on the property and gets bitten and now my dog is classified as a potentially dangerous animal and I can't have her there anymore. I have no place to put her. Mr. James explained that Mr. Holzman's dog was tethered outside his common area. I understand that a child was on the premise and the dog inflicted a bite on the child. 3 Community Service Office Steve Hodges informed that there are different control requirements that have been deemed dangerous. In Mr. Holzman's case, it was an 8 year old boy; his complex is. right next to the park in Wildridge; the 8 year old boy came into the parking lot or the tarmac area of his condominium unit; his condominium unit makes a face towards the road in a zig zag manner and the outside line is a straight line; so there are points where the tarmac is much narrower than at other points. In this particular instance, the boy came over and he was bitten. We don't have a report on that, because that was handled by Eagle County. They didn't have witness reports or a report from the victim. So, the dog was not deemed anything. As far as common area goes, a dog that has been deemed dangerous has to be kept in - has to be confined on the owner's property. The Ordinance does not describe common areas as being the owner's,property. The boy received 4 stitches. The dog is a malamute, which is a fairly large dog and is probably about the size of the boy. The reason for it is that everybody in a commons area has access or generally needs access to that area. If it is just simply that it is a delivery man that isn't sure which unit and parks and walks in front of the unit, if the dog is a dangerous dog, then he has the potential to be bitten by a dog that has a history of biting people. If the dog doesn't have a history of biting people, then there is no problem with tying the dog in the commons area. Our ordinance does not allow a dog to run at large, in a common area. Councilor Nottingham confirmed, it is OK for a dog to be tethered outside a multi-unit'dwelling, as long as'the dog has no history of having any issues and problems and biting, etc. But, once there is an incidence, then it puts the dog and owner into another set of consequences; another classification. And, that is the unfortunate situation that Mr. Holzman and his dog sit in. Mr. Hodges stated the dog was not deemed dangerous because of the lack of documentation. Mr. Holzman added I am in the clear for now, but suppose it'happens again, I face that potential. Open discussion and items mentioned were; fencing and kennels and the fact they are not allowed in Wildridge, tethering and tethering lengths, biting dogs, common area - public and private property, kennel fees and hours of operation. Council's consensus was to uphold the Ordinance as it stands. Next item on the Agenda under Citizen Input was Animal Control Regulations,.Violations, & Fines. Judge Buck Allen entered the.Council Chambers; he excused himself from the room, from the previous discussion. If there is any possible way it might come before court, Judge Allen felt it was not appropriate,for'him to be"hearing it. Judge Allen reviewed the order of the court indicating what the penalty assessment amounts.will be for the first offense on the new.dog'and cat ordinance violations and.then setting out what bond will be on'the other matters. The first offense is a penalty assessment, which means a mail in fine. For the second and any thereafter, this is not just a mail in fine. Offenses are accrued during a one year period, not a calendar year. Mr. Hodges clarified that dogs do not receive tickets; people do. It can be a different dog with the same owner. Judge Allen stated only cats at large are addressed in the ordinance, thus the penalty for cats at large. 4 Council recessed at 9:34PM and reconvened at 9:42PM. Second Reading of Ordinance No. 94-18, Series of 1994, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO, SALES TAX REVENUE BONDS, SERIES 1994B; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE BONDS, THE MANNER AND.TERMS OF ISSUANCE, THE MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY THEREFOR; PLEDGING SALES TAX REVENUES OF THE,TOWN FOR THE PAYMENT OF THE BONDS; PROVIDING,CERTAIN COVENANTS AND OTHER DETAILS AND MAKING OTHER PROVISIONS CONCERNING THE BONDS AND THE SALES TAX REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Mayor Reynolds announced this is a public hearing. Mr. James stated this Ordinance will allow the Town to issue $1.7 million in bonds for the purposes of paying the issuance cost'and setting up bond reserve and purchasing Swift Gulch in the amount of $1.5 million to be used as our Public Works Facility. Mr: David Bell, from Coughlin & Co., stated the bonds were offered last Thursday. On Friday, the market received some inflationary news,.which always means the bond market goes bad. It was just plain.luck,on.the timing: Mr. Bell is please to present this offer to purchase the bonds from the Town. Bonds have been sold, subject to Council approval this evening and a closing date set for'October 13th.. Mr. Bell added that the Town of Avon's credit has never been a difficulty for Coughlin & Co. Councilor Nottingham motioned to approve Ordinance No. 94-18, Series of 1994 on second reading. Councilor Fawcett seconded the motion. The motion carried unanimously. First Reading of Ordinance No. 94-19, Series of 1994, AN ORDINANCE PROVIDING FOR THE RE-ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR PARCELS 1 AND 2, TRACTS C AND Y, AND SWIFT GULCH ROAD RIGHT OF WAY, SWIFT GULCH SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mr. James stated Swift Gulch originally had a PUD that has expired. Since this is first reading on the Ordinance, it is recommended that Council refer this matter to Planning & Zoning Commission. There is a scheduled public hearing for next Tuesday's P & Z meeting. After they hold their public hearing, it will come back to Council with their findings and facts to have for second reading of the Ordinance and public hearing on September 27th. So, we should be able to put the zoning in place well before the closing of the property, which is scheduled for October 14th. Councilor Yoder motioned to approve Ordinance No. 94-19, Series of 1994 on first reading. Councilor Hines seconded the motion. The motion carried unanimously. First Reading of Ordinance No. 94-20, Series of 1994, AN ORDINANCE PROVIDING FOR THE RE-ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 1, RIVERSIDE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Planner Mary Holden informed this is a request for reestablishing the PUD. Attached to the Ordinance is the Staff report that was given to the Planning & Zoning Commission (P & Z the PUD proposal outlining the specific guidelines and P & Z's Resolution No. 94-16 specifying the development guidelines. 5 0 0 Planner Holden noted development guidelines as; 54 units is the density and permitted uses, the minimum building set backs will be 30' from the River, 35' from Highway 6, 15' from interior building to building, and 7 1/2' at the sides, maximum building height is 481, maximum site coverage is 60% including asphalt. Findings for approval basically state that the PUD is consistent with the development patterns and locations set forth.in the Town of Avon Comprehensive Plan, that the PUD is consistent with the Comprehensive Plan goals and objectives related to the Town's role, as a principal year-round residential center in the Vail Valley, related to an_appropriate mix of residential dwelling unit types for permanent residents,-related to open space dedication along the Eagle River corridor, related to sensitivity to the natural riparian environment along the Eagle River corridor, and related to the Riverfront District (Subarea 10). The conditiohs'stated that the PUD Guidelines and Standards be incorporated,into and binding upon the PUD zone district designation, no site disturbance be allowed within the 30' mean annual high water mark, with the exception of an area within a 12' radius of-the northwest corner of'Building A, and the developer agrees to restore that area to a level acceptable to Staff, that a protective and erosion control fence be installed along the 30' setback, the pedestrian trail way, consistent with out Town Recreation Master Plan, be shown on the PUD and the developer construct the pathway prior to any temporary or permanent certificates of occupancy, the drainage plan be submitted to Staff and approved by Staff prior to an application for building permit, the landscape plan be adequate to mitigate the removal of existing trees and vegetation on site which also must be brought back for P & Z review and approval, and the dumpster location be brought back for P & Z review and approval. Mr. Jeff Spanel presented a model of Riverside. Council discussed this model with Mr. Spanel and there were too many people talking at once and away from microphones to transcribe. Mr. James asked if Mr. Spanel was going to use the same financing approach that was used with Eaglebend. Mr. Spanel stated presently that is what we are working towards. Mr. James asked, when this project is paid off, are you anticipating that it will revert back to the Town of Avon and we will be the sponsoring agent. Mr. Spanel stated presently we are doing it as an expansion of Eaglebend, this would be Phase III, as far as financing. Councilor Hines motioned to approve Ordinance No. 94-20, Series of 1994 on first reading. Councilor Yoder seconded the motion. The motion carried unanimously. Resolution No. 94-28, Series of 1994, A RESOLUTION AMENDING THE 1994 BUDGET (This Resolution was pulled from the Consent Agenda for further discussion). Mr. James stated this Resolution was included on the Agenda by mistake. Council wished to discuss this when all members are present and Councilor Hazard is absent. Mr. James suggested to table this to discuss later when everyone is present. Councilor Yoder motioned to table Resolution No. 94-28, Series of 1994. Councilor Hines seconded the motion and the motion carried unanimously. 6 The next item on the Agenda under New Business was the Holy Cross Easement. Ms. Holden stated Holy Cross is requesting this easement,to relocate a section of their 115 KV transmission lineup on Mountain Star. P & Z has approved this as.a special review use. Staff recommends approval of this requested easement. Councilor Nottingham motioned approval of the.Holy Cross Association, Inc. right of way Easement. Councilor Roof seconded the motion. Councilor Fawcett motioned to amend the motion to identify the Right of Way Easement as an Easement for Tract B, Benchmark at Beaver Creek Subdivision in Section 1, Township 5 South, Range 82 West of the 6th P.M. Eagle County, Colorado as shown as Exhibit A as attached to this Easement. Councilor Yoder seconded the amendment. The motion and the amendment carried unanimously. Next on the Agenda was the Town Attorney Report. Attorney Dunn informed the complaint has been filed to enforce the Town's Ordinances with respect to the incomplete Allen residence in Wildridge. Mr. Allen was served with the papers on September 7th, which means he will have until October 7th to file an answer. Next on the Agenda was the Mayor Report. Mayor Reynolds complimented Mr. Norm Wood and Staff for the work done on the retention pond. It looks very nice . . . a good job done. Next on the Agenda was Other Business. Councilor Nottingham announced there was a meeting last night to network and consolidate some of the non-profit groups so as to eliminate duplication. Councilor Fawcett announced the Eagle County Recreation Authority meeting will be held in Avon on Friday at 8:00am. Councilor Nottingham questioned when the next Lindholm land exchange meeting will be held at Eagle County., Next-on the Agenda was the Consent Agenda: a.) Resolution No. 94-28, Series of 1994, A RESOLUTION AMENDING THE,1994 BUDGET.-,(This Resolution was taken from the Consent Agenda and dealt with earlier in the meeting - See "Resolutions"). b.) Resolution No. 94-29, Series of 1994, A RESOLUTION APPROVING THE FINAL PLAT AMENDMENT NO. 8, LOT 19 AND RESUBDIVISION OF TRACT B, BLOCK 1, AMENDMENT NO. 7, EAGLEBEND FILING 2, TOWN OF AVON, EAGLE COUNTY, COLORADO c.) Resolution No. 94-30, Series of 1994, A RESOLUTION APPROVING THE FINAL PLAT FOR LOTS 38A AND 38B, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO 7 d.) Financial Matters _ e:) Approval of the"September 6, 1994 Council"Meeting Minutes. Councilor Hines motioned to approve the Consent Agenda. Councilor,Yoder'-seconded the motion and the motion carried unanimously. There being no further business to come before Council, Mayor. Reynolds called for a motion to adjourn. Councilor Hines moved. to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 10:25PM RESPECTFULLY SUBMITTED: Patty Ney rt T wn Clerk 8