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TC Minutes 11-22-1994MINUTES OF-.THE REGULAR MEETING-OF.THE,TOWN COUNCIL HELD-NOVEMBER 22, 1994`- 7:30 P.M. A 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 7:32PM. A roll call was taken with Councilors Richard Carnes, John Hazard, Tom Hines, and Judy Yoder present. Councilors Jack Fawcett and Celeste C. Nottingham were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Planner Mary Holden, Fire Chief Charlie Moore, Police Chief Gary Thomas, Director of Municipal Services Larry Brooks, and Community Service Officer Steve Hodges, as well as members of the press and public. Second Reading of Ordinance No. 94-21, Series of 1994, AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF' Mr. Bill James reminded that during the summer, Council made a decision to start a code enforcement program in the Town. As part of that, the Town took over the County's operations for animal control. In addition, Council directed-Staff to look at any,other regulations that may be necessary, especially in residential-areas. Based upon that direction, Staff worked with the Planning and Zoning Commission to come up with a list of -things that the Council may want to consider for additional enforcement. Before Council tonight is the second reading and public hearing of the Ordinance that includes items for additional enforcement on a city wide basis. Those items deal with storage of recreational vehicles, temporary structures, livestock and pets, recreational off-road vehicles, newsracks, and outdoor display of merchandise. Mayor Reynolds opened the meeting for public input. Mr. Michael Presutti, Wholesale Manager for USA Today, suggested the newspapers, through a voluntary agreement, could probably accomplish the same thing without the weight of an Ordinance. Mr. Presutti announced that another newspaper representative, Mr. Cliff Thompson, is present. They could probably coordinate that voluntary agreement. Mr. Presutti questioned what racks were causing a problem or what structures were causing a problem. The Ordinance stated that no racks could be placed on City streets without Council approval. And, that racks on private property had to be bolted, rather than chained to a mail box or lamp post. And, Mr. Presutti wondered if there were any racks that might have prompted the Planning Commission to take this action. Planner Mary Holden stated there were some newsracks specified up in Wildridge that were causing safety concerns.' Mr. James added there we're a couple of newspaper racks that were put up in Wildridge, which is a residential community on the north side of the interstate. They were placed in a location next to a stop at a main, intersection. It was the Town's concern for public safety in that'area'. They were moved-back off the road, onto public property, in a safer area. Mr. Presutti stated our suggestion is that we are also citizens in your community. Our distributors, agents, carriers, and wholesalers are, interested in the safety in the community also. We believe we can police this. 0 • Ms. Colleen Carter, store manager for the Avon Wal-Mart store, questioned, regarding the temporary structure as far as trailers for storage; does that affect the trailers that Wal-Mart has for storage? The trailers are kept basically during the Christmas season to handle the extra freight that is needed. The trailers are off towards the side. Right now, we have four trailers. During the Christmas season, from October 15th through December 30th, we do need the extra trailers to handle the extra freight. Basically that is to help keep our floor safe so that we don't have the freight on the floor and to keep our stock room up to OSHA standards. The trailers are a necessary thing that we do need to have at Wal-Mart. And, if this is going to be an Ordinance, will there be something where we can get a permit to be able to have those? Councilor Yoder stated that this Ordinance does allow for temporary structures, specifically authorized by the Town in writing. Ms. Carter reiterated that to be able to handle the business, Wal-Mart does need those trailers during that season: There is one other thing, as far as trailers go; we do have a trailer at the back of our building where they,.at,night,;bring us a:loaded trailer. They drop the loaded one off and,pull the empty one out. That trailer is back there continuously, all the time. Will this Ordinance affect that and how? Mr. James questioned if the trailers that are sitting back there now meet code; are they in conformance with our code now? - Planner Holden stated technically no; they are not in conformance with our code right now. Planner Holden stated it is a temporary structure. The additional trailers that are being used for the Christmas season are also taking up parking spaces, so that is in direct violation of our off street parking regulations. Mr. James stated they have always used semi trailers to store their merchandise. They have a unique situation and every year we have just gone along with it. The manager has always been helpful in working with the Town. Maybe we can put them on a different side so they are not so visible. Basically, they are in violation now. We try to be as flexible as we can in these situations, as long as we can, to try and meet the merchants needs as well. Ms. Carter reiterated the trailer is there from October 15th until the end of December. Ms. Carter added if we have to move them to the other side of building they will also be taking up parking spaces. She does not have a problem with-having to get a permit but, this is something Wal-Mart does need to do during that time period. Mr. James noted it has grown; at one time there was only one trailer. Ms. Carter stated there are four and it takes approximately three to four every Christmas season. Last year, there were three trailers. Our inventory is actually reduced from last year but, at the same time alot of seasonal merchandise comes in that we have to be able to maintain. Mayor Reynolds asked if their intention is to enlarge the store. Ms. Carter responded that she could not answer that; she really doesn't know. As long as the store continues to increase in sales and volume, she believes they will eventually look at that possibility. They won't let her know until that decision is final. Ms. Carter stated the other item she had a question about was merchandise displayed on the front side walk. She feels that will limit Wal-Mart. Ice melt, rock salt, and snow blowers are needed in the community and there is no way, with the quantities that come in, to do that inside the building. 2 In the summer there are swing sets, potting soil, etc. If she has to reduce all of that, she won't be able to carry some of the product at all. The products she would b,e able to carry would be very limited in quantity and not be able to meet the demands of the community. Clearance sales are held twice a year; January and July. The side walks are wider at Wal-Mart. They are 12' wide and are built to display merchandise out there. Mr. Josh Hall questioned, regarding the merchandise outside, is that strictly for merchants or are,you saying no garage sales? And, secondly, what is the purpose for that; were there complaints from citizens of things being outside? Mayor Reynolds stated there were quite a few citizens that voiced concern. Counc.ilorlHines questioned was it a complaint based upon what Wal-Mart or City Market was doing that this came about in terms of the sidewalk sales and sales of merchandise outside? Mr. James.',stated there was a concern of the chairs that were being store outside in the summer. Then there wa's another small retail store; they were moving all their retail outside and using the inside as storage. Councilor)*nes noted it is a seasonal type of operation; City Market sells.Christmas trees and some of-their winter items are outside. !Wal-Mart's west side is set aside.for lawn and garden center; even the chairs. It seems to me you either tell them they can't have that-type of operation or else we designate that part of the parking lot as non-parking'an~d have them fence it in, as is done in other areas. Councilor Hines questioned what necessitates us from wanting to pursue-this? CounciloriYoder responded that she has had complaints from people saying Avon has always looked junkie; why don't you clean the Town up. !One of the things they,have complained about is merchandise setting outside of the stores'._ If we allow Wal-Mart to set their chai"r"s out front or their snow blowers out front, why can't the pet shop leave the dogs out front that they are selling? (Councilor Yoder stated one of the complaints she has had since she has been on the Council is we'd like to see Avon look cleaner and neater. Councilor Yoder thinks this ordinance is a big step forward and supports this ordinance. CounciloriHines noted this ordinance is a detriment to City Market and Wal-Mart. Councilor Hines added he has never perceived Avon as being junkie. Councilor,Hines questioned, in terms of the newsracks, anchored in what format? Planner Holden responded they-need to be bolted in or weighted down at the bottom. Mr. Cliff Thompson added they are weighted down with gravel, sand, or concrete block. Councilor;Carnes understood some of the reasons why this has come up. Councilor Carnes questioned why can't we change the Ordinancelto limit merchandise that can be displayed outside, such as se I asonal merchandise only? Councilor,Yoder motioned to table Ordinance No. 94-21, Series of 1994 until the next Council meeting. Councilor Hazard seconded the motion. The motion carried unanimously. Mr. Doug Davies, an associate of Wal-Mart, stated that if this Ordinance ',,passes, it is his opinion that the chances of Wal-Mart expandinglwould be severely limited. The chances of Wal-Mart serving the community's needs would be severely limited. In Wal- Mart'~s scheme of things, Avon is already a small store; too small - they don't build them that way anymore. 3 Mr. Davies continued; because we are in a resort community our demands go from very small to very large overnight. When Wal- Mart opened there were nine trailers back there for nine months.. Over six years, the trailers have been decreased and sales and business has increased. Mr. Davies suggested tailoring this Ordinance so that national organizations will look favorably at coming to resorts. This Ordinance can be tailored so as not to handicap the small John-Doe merchant or the large merchant. As it is written,'what you are saying is no trailers, no sidewalks, no this; no that. Address the problem of neatness and orderliness precisely. I suggest that the temporary structures - trailers - not be visible. I suggest, regarding sidewalk presentation, the organizations must petition Planning and Zoning or Town or Staff and make a decision on each and every one. Give us some criteria of what is needed. Mr'. Presutti stated we have in the past, an example - the City of Aspen, successfully used a program of voluntary maintenance where the newspapers have joined together and accomplished what the city was looking for But, I wanted to draw your attention to a second point, before passing the Ordinance. It seems to me that you are trying to avoid a nuisance versus public safety and you may run against possible First Amendment implications. USA Today, I don't think was really involved in placing the racks in a residential neighborhood, in this case. But, this might be a case where we would have to pick up the gauntlet and challenge in the courts. Councilor Hazard questioned if that is a threat. Mr. Presutti stated not at all. And, in fact, I wanted to come up and act first as an advisor and as someone who could work with the other newspapers to accomplish what you want to accomplish to achieve public safety. But, also alert you that you have an Ordinance that is worded in such as way that it puts newspapers at agreat disadvantage and may run against First Amendment guarantees. Councilor'Hazard questioned why are we putting the newspapers at a disadvantage. Please explain. Mr. Cliff Thompson stated, if you are infringing on our ability to circulate, this is a First Amendment concern. Mr. Presutti, Mr. Thompson, and Councilor Hazard were all talking at once and am unable to,transcribe. Mr. Presutti stated that at the beginning he said we can self police this and give you what you are looking for. Mr. James noted safety 'is the intent of this Ordinance. We asked for voluntary compliance and voluntary compliance was not given to us on a certain newspaper rack. So, we went up and physically moved it. This was a_Vail Daily newspaper rack in Wildridge. These need to be placed in-"appropriate places that are'safe for the community. Councilor Carnes asked if we have a list.of ""hot spots" where we definitely don't want them to be sitting:- Mr: James'stated no. Councilors Yoder and Hazard voiced safety concerns in Wildridge; both noted "close call" accident situations. Mr. James stated we-didn't get,the impression that the.Daily didn't want to work with us and relocate back. But, again, they were asking the same type of questions in terms of the First Amendment; I.wish everyone had the same opportunity that the press does where they are able to place their products; that is not always possible. But, this is another subject. 4 Mr..James continued; again, this is not on the basis that we are trying to limit putting in public right-a-way. We are.saying we would like to have the opportunity to review that and make sure they are in a safe environment. Mr: Presutti mentioned a successful voluntary agreement in the City of Aspen; we walk through town once a year -members of the different newspapers - and look at each location where we have groups of boxes. We will make changes in the boxes. The city, at that point is able to tell us to move it back due to a safety hazard. Easy compliance. Mr. James stated that may be an option for Council to consider. Mr. Thompson stated he is willing to work with the Town on this voluntary agreement. Mr. Thompson added it needs a little work. Councilor Carnes suggested that Planning and Zoning Commission compose a list of spots that we definitely don't want the newsracks. Mr. James stated Planning and Zoning has not done that. Mr. James suggested working on the voluntary program; the Town together with the newspapers as far as placement of the racks. This'voluntary program would certainly be far better than to try and legislate it. With no one else wishing to be heard, Mayor Reynolds continued with the scheduled Agenda. First Reading of Ordinance No. 94-22, Series of 1994, AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED PUD DEVELOPMENT PLAN FOR A REDUCTION IN ALLOWED SINGLE FAMILY FROM 94 TO 93 BY THE ELIMINATION OF THE COMMON LOT LINE BETWEEN LOTS 87 AND'88, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Planner Holden stated Staff recommends approval of Ordinance No. 94-22 on first reading. This is an amendment to the PUD of Mountain Star to allow for 93 single family units instead of 94 by the elimination of a common lot,lifte between lots 87. and 88. The plat map was displayed on the wall.,- Recommendation for approval was based on the following findings-and conditions: 1.) the PUD is consistent with the development patterns and locations set forth in the comprehensive plan; 2.) the PUD is consistent„ with the comprehensive plan goals and objectives related to land use and proximity to the town core; 3.) the PUD is consistent with the comprehensive,plan goals and objectives related,to the environment; 4.) the SPUD is consistent with the•,transportatioIn plan traffic generation forecast for this,.ptoperty. Conditions: 1.) the existing Mountain Star Subdivision PUD development plan and standards still apply. Mr. Rick Pylman, representing Mountain Star, confirmed and agreed with Planner Holden's presentation. Mr. Pylman added that there is one owner for both lots. There will probably be another owner request similar to this request; buying two lots and forming into one. Councilor Hines questioned the building envelope - will that change. Mr. Pylman stated the building envelope used will probably be one of the two that existed prior. That is not set in stone; we could create a new envelope.' Councilor*Yoder motioned to approve of 1994 on-first reading. Councilor The motion carried unanimously. Ordinance No.. 94-22, Series Hazard seconded the motion. 5 Resolution No. 94-45, Series of 1994, A RESOLUTION IN APPRECIATION OF JIM ROOF Mayor Reynolds read Resolution No. 94-45 in its entirety. Councilor Hines motioned to approve Resolution No. 94-45, Series of 1994. Councilor Yoder seconded the motion and the motion carried unanimously. Resolution No. 94-46, Series of 1994, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING PROJECT REVENUE BONDS, SERIES 1994C-1, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,215,000, THE ISSUANCE OF MULTIFAMILY HOUSING PROJECT SUBORDINATE REVENUE BONDS, SERIES 1994C-2, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $685,000, THE ISSUANCE OF MULTIFAMILY HOUSING PROJECT SUBORDINATE REVENUE BONDS, SERIES 1994C-3, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $425,000 BY THE EAGLEBEND AFFORDABLE HOUSING CORPORATION; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED OPERATIONS AGREEMENT IN CONNECTION WITH THE EAGLEBEND AFFORDABLE HOUSING PROJECT; AND AUTHORIZING INCIDENTAL ACTIONS. Mr. James distributed a new draft of the Resolution. This Resolution will allow the Eaglebend Affordable Housing project to issue bonds to be able to build another 54 units of affordable housing on Highway 6. There are a couple of changes. The first change is that the series C-2 Bonds have been changed from $685,000 to $695,000. Secondly, everything has been put off until January 3, 1995. Mr. Jeff Spanel and Mr. Gerry Flynn, representing Eaglebend, were in attendance. Councilor Hines motioned to approve Resolution No. 94-46, Series of 1994, the latest copy thereof. Councilor Yoder seconded the motion and the motion carried unanimously. Next item on the Agenda under New Business was Change Order #2 / Recreation Center. Mr. Gary Meredith, construction manager for the Avon Recreation Center, presented Change Order #2. This involves two items; the removal and replacing of suitable soil in the parking lot for $11,198 and the adding of a culvert at Falcon Point Drive for $4,638. The total is $15,836.00. Councilor Yoder motioned approval of Change Order #2 for the Recreation Center in.the amount of $15,836. Councilor Carnes seconded the motion and-,the motion carried unanimously. Next on the Agenda was the Consent Agenda: a.) Financial Matters Councilor Yoder motioned'.to approve the Consent Agenda., Councilor Carnes 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 8:28PM 6 i 0 RESPECTFULLY SUBMITTED: Patty Ne r own Clerk 7