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TC Minutes 02-28-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 28, 1995 - 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 Pro-Tem Celeste C. Nottingham at 7:30PM. A roll call was taken with Councilors Jack Fawcett, Tom Hines, and Judy Yoder present. Mayor Albert Reynolds, Councilor Richard Carnes, and Councilor John Hazard were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Town Engineer Norm Wood, Fire Chief Charlie Moore, Police Chief Gary Thomas, Transportation Director Harry Taylor, Director-of Municipal, Services Larry Brooks, Recreation Director Meryl Jacobs, Town Planner Mary Holden, and Community Service Officer Steve Hodges, as well as members of the press and public. Mayor Pro-Tem Nottingham noted that Mayor Albert Reynolds is with his wife, who is in Swedish Hospital, following a serious automobile accident. Also, Councilor John Hazard is in Presbyterian Hospital. We are keeping both in our thoughts. Citizen Input was a Quarterly ABCRA Update: Ms. Kate Collins, from ABCRA, informed that membership is up, from 1992 with 115 members,-to approximately 245. Ms. Collins distributed copies of news clippings about the ABCRA and the membership directory. Ten thousand of the directories were distributed via the newspaper (Vail Valley Times), leaving eight thousand to distribute from the visitor information center and member businesses. ABCRA is producing 30,000 maps and 30,000 Avon brochures. Ms. Collins mentioned a phone display advertisement board that will be set up in the lobby of City Market. Ms. Collins mentioned a breakfast meeting series that replaces the luncheon series. Council appreciated the update. Citizen Input was American Airlines Funding Request: Mr. Kent Myers stated he was not present to ask for money - there is-not- enough support, even with.-the Town's participation, to fund the'summer program. Mr. Myers'thanked,the people who did support the program. Mr,. Myers rioted Vail-Associates is up in skier days this winter; the Vail mountain as well as Beaver Creek. Arrowhead is up.' ,-Aspen is down. Steamboat Springs is down. Steamboat- has' ~lost 3091;'of its winter time flights. Mr. Myers stated'he'did not want to put the community into another loosing situation. Mr. Myers added he wants to look at this in the long, term basis and 'perhaps revisit" ,,the situation late summer or early fall and move forth from there. Mr. Bill Tomcich, air transportation manager for Vail Associates, noted that he has acted as a liaison between American Airlines and the community. Mr. Tomcich discussed commitments and pledges of last year and this year. By selling 51%; of the available seats last year, Mr. Tomcich stated we proved summer flights are definitely viable. Mr. Tomcich added that Vail Associates has the historical data and that he can play a liaison between any other airline that may be interested in coming in here. Mr. Tomcich noted he was at DIA for opening ceremonies this morning. 0 0 Citizen Input was a Request Availability of Lease-back Land for a Private School: Mayor Pro-Tem Nottingham announced this item was cancelled. First Reading of Ordinance No. 95-7, Series of 1995, AN ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mr. Norm Wood stated that Shapiro Development Company and Wintergreen Homes, LLC have submitted a request for an amendment to the current PUD plan and development standards for Lot 3, Nottingham Station. Lot 3, Nottingham Station is approximately a 14 acre parcel located east of Avon Road and between the Eagle River and the railroad tracks. This parcel is currently zoned PUD with an approved development plan that calls for 83 residential units on an approximate 2.6 acre parcel located between an extension of Hurd Lane and the railroad tracks, and 66 residential units on the 4.7 acre parcel located between the extension of Hurd Lane and the Eagle River. This plan also calls for the dedication of approximately a 3. acre of open space tract along the Eagle River, construction of a multi-use path, and the Hurd lane extension from Avon Road to Eaglebend Drive. The, proposed amendment to this PUD calls for some slight modifications, including 69 residential units on a 2.8 acre parcel between extension of Hurd Lane and the railroad tracks, and 70 residential units on a 4.2 acre parcel located between the extension of ,Hurd' Lane ,and the ,Eagle, River. The •proposed amendment, also, calls for, the' dedication of a ~ 3 .6 : acre open space tract,- construction of the multi-use path,' and extension of Hurd Lane from Avon Road to Eaglebend Drive. The PUD also establishes building,standards which include building set backs, building heights, parking'and'open space.requirements. The current plan, particularly on the parcel between Hurd Lane and the Eagle River, defines the building set backs more by defining building envelopes'. This 'is first reading of.; the Ordinance, which basically introduces legislation and schedules the public hearing as required for the zoning code. This has been heard by the Planning & Zoning Commission and the proposed Ordinance No. 95-7 incorporates their recommendations for approval. Mr. Mark Donaldson, representing Wintergreen Homes and Shapiro Development Company, introduced Mr. Jeff Spanel of Wintergreen Homes, Mr. Ed Smith project architect for Shapiro Development, Mr. James Wear attorney representing the land owners, and Dr. Eric Olgeirson wetlands and riparian specialist. Mr. Donaldson gave an overview of the proposal. Lot 3 is the north tract, along the railroad tracks, where 69 units are proposed. Lot 4 is the river side parcel, where 70 units are proposed. Mr. Donaldson proceeded to discuss the displayed drawings and maps away from the microphone making it difficult to transcribe. There are nine buildings on the site. Mr. Donaldson stated the "canyon" effect of the buildings on the river side has been eliminated. The Hurd Lane connection will be completed. There are some detached garages on the river side that will be pretty much earth bermed. Mr. Donaldson showed the drawings as proposed, with an overlay showing current plans. Mr. Donaldson stepped up to Council's bench and further discussion followed with numerous people speaking at one time and am unable to transcribe. Mr. Donaldson commented on the proposed public improvements. Hurd Lane will be completed from end to end, with curb and gutter and drainage, reconstruction-of Metcalf Ditch and the piping of that; bus stops in two locations on either side. The soft path will be constructed along the river; there will be access in three locations. 2 0 • Mr. Donaldson introduced Dr. Olgeirson. Dr. Olgeirson stated he is a plant ecologist and added his specialties are in wetland _ . biology and riparian areas. Dr. Olgeirson defined riparian area as the transition between the wetland and the It is usually woody-in character although it can be grassy•in,character in some-situations; not'in the Rocky Mountains; it is usually woody. Cottonwood defines-it at these elevations. The planning line is really a vegetation definition; it may be inside the 100 year flood plain.and may be a little out and over by the wetland if there is some"along the river or if there., isn't Dr. Olgeirson spoke very softly and do not have a`clear transcription. The basis of the extent of the riparian area is the extent'of the high water mark. It is infrequently flooded. In the case of the-Eagle, it is somewhat infrequently flooded, which is evidenced by the lack of regeneration of the cottonwoods. The Eagle River doesn't behave well in terms of regenerating these cottonwoods, because-of the structure of the river. The reason, I was called in, was to identify the resources and to try to minimize the damage to them. Dr. Olgeirson showed the projected disturbance of the riparian area on a map. The riparian area on one side of the river is more developed than the other. Agriculture and industrial activity probably destroyed it on the north side. Some areas are shown as potential mitigation sites for replanting; the notion being the riparian area will be restored in character in terms of vegetation. We are estimating that approximately 15-20 cottonwood trees would be removed by this disturbance. We would establish the same number or possibly more, along with shrubbery. Dr. Olgeirson stated the riparian area on the south side is much more dense than the north and allows an opportunity to put in some young trees. It is sort of an artificial regeneration, but it is a regeneration. There shouldn't be any influence on the corridor, in terms of animal movements. Of course, we are staying out of lands. Estimated total acreage of this disturbance is 24 acres I haven't calculated the percentage it is of the ripari a. e y aerdg Mayor Pro-Tem Nottingham expressed concern of the continuing disturbance; what will it do as development encroaches on the riparian zone; what will happen if we keep moving into it? Dr. Olgeirson replied these rivers have become sort of ditches with development on either side. One of the difficulties is something I addressed earlier; is that they are now almost urbanized, in a sense. Whether a development happened along this river or not, there are going to be gradual changes in the river that are not necessarily going to be good, simply because,of the confinement of the channel. The river isn't taking care of itself, because it is not regenerating cottonwood the way it should be. It is, from Minturn - down, becoming urbanized. So, actual management of the river has some benefits - management such as replanting trees. If the channel is not altered greatly, than the river will do at least what it is doing today, regardless of development. Mayor Pro-Tem Nottingham asked what "urbanized" means to the layman. Dr. Olgeirson stated urbanized means you are developing along the river corridor. Traditionally, in the west, development occurred along the river corridor and still does. Encroachment on the river is the important thing. This particular development isn't going to do anything to the river. There are no actual alterations to the channel. Councilor Hines stated the cottonwood is the ultimate in the chain of the riparian environment - its nitch is more vital than any other component of the bank system; and questioned, is that right? Dr. Olgeirson stated not necessarily. In the river system, you might think of the cottonwood as climax - meaning the end point. But, rivers are so active they are constantly being set back, so there is no true climax. 3 The trees grow up; the trees fall down; if the flood happens often enough, then it is refresh - it is some kind of pulse, normally 15-20-years. Councilor Hines interjected it could be we- are in a cycle now where it may be that-you start to hit that regeneration somewhere down the road. I haven't been here twenty years so,_I don't know if that is the case. Dr. Olgeirson stated the rivers are linear and they kind of.shift up and down so something might -be happening twenty miles down stream: Cottonwoods may be regenerating twenty miles down stream and degrading twenty miles up stream and the river makes a move for some reason, or somebody built a bridge, or something like that, and the whole thing shifts. It can either shift by natural . causes or it can shift by man-made if you like. But, it is going to shift. In our life time, we might not see alot of those shifts. They tend to happen around the twenty year period. Councilor Hines stated a lot of what you are looking at is based upon the view of a bank to bank type of deal; you are talking about the channel and the flood plain and you talked about banks and the degradation of banks being one of the problems that may exist. Dr. Olgeirson interjected, degradation of the bed; of the river bed. Councilor Hines asked isn't that important; related to the degradation of the bank? Dr. Olgeirson stated I am not a hydrologist, but it doesn't appear to be on the Eagle, cause it, is so well armored. Councilor Hines stated so that question would be better put to a hydrologist, in terms of; where I am going with this is, in terms of development; I am going to hypothesize; in terms of development - as you develop along - as we urbanize, as you call it, that river corridor - we are creating more and more impervious surface which changes the natural action of - I don't know whether you can address this - I think this is more specifically put to a .hydrologist - that has several impacts. One, you're dumping water in areas instead of the natural assimilation that used to take place in the past; you're changing what gets dumped, you're changing the volume of how that - and also, by creating impervious surface, you are removing to some extent an inter-related system that may lead itself to the composition of that bed - correct? Dr. Olgeirson stated I don't know that there is any direct relation to the impervious surface in the bank of the Eagle. If water is being added to the Eagle River, it is not influencing the riparian system; it is influencing the flu hill system - the river itself. But that would be large, large quantities of water. You are referring to increase base flow from roots and roads, etc. Councilor Hines stated exactly - on site specific to address this lot - and Mark you may want to jump in if I am wrong - there'is 35% coverage - building coverage - with the total impervious area of 75t. To some extent, and I guess this would relegate itself to mitigation, not minimizing the mitigation - what you replace or what you add to that bank system because you're creating all that impervious area - it is more of a load on that riparian system through there - in my mind. And, I am definitely a layman on this - that it is more of a load on that.riparian system when you create that impervious area adjacent to - . So, that would relegate itself to how you would proceed mitigation of riparian environment. Dr. Olgeirson stated we would replace it in similar environments to those that support riparian. Councilor Hines stated but you've changed that entire nature of that area adjacent to - would it require - in terms of mitigation - more instead of just replacement of? You see where I am going? Dr. Olgeirson stated well, it might. It might for attrition, if no other reason - to make sure, that you get back, what you had, to begin with. Councilor Hines questioned would it require more? Dr. Olgeirson stated think of how the riparian zone forms and what its boundaries are, which I should have explained better. The reason that it has a limit, an upper limit,,'is related to water." Cottonwoods are free attifights and free attifights simply mean they are deeply rooted. 4 When they get into a zone where there is competition for water, that is so strong that they can't reach it by producing roots, that is where they set their boundary. So, they are not operating much from surface water at all. The Eagle River is not being supplied by water from the surface or very much water, from ground water discharge; it is all the water that flows down the Eagle. So, there is this little pool of water down in the gravels that the cottonwoods are rooted in. So, rainfall and increased,',impervious'surfaces above the riparian area, in this particular instance, are not influencing the riparian zone. Councilor Yoder stated she has information the way she wanted at this meeting. Mr. Donaldson stated it is our goal of this evening is to set Donaldson requested to hear an,. not had time to review the to and would just like to listen understanding that the primary a date for a public hearing. Mr. issues of Council this evening. Mayor Pro-Tem Nottingham stated my whole point in going into this discussion, especially on this site, is because I want you to understand, I didn't want to do something that we would regret in a further time; making some decisions that would impact us in a way that there was no turning back and degrading our riparian area. I am concerned about the idea that if you dig into banks and put foundation, its got to - and especially if you are in a riparian zone - it has got to have an effect; in my layman's mind, on the way the river and the wetlands and the riparian areas are going to react - not immediately, perhaps - but shortly thereafter. I am concerned about the stability of it. I am concerned about what it is going to do to the aesthetics because now; OK we are an urbanization of this river channel whether we like it or not. And, it is going to have some effects. Can we do something these days or be sensitive in a way that it is,going to minimize the effects. I am not real comfortable. What can you do to make me more comfortable with digging in and removing river banks that are in riparian ways? I know that is a ton of stuff, and I don't know that you will be here at next meeting. Dr. Olgeirson stated that in this particular case, the disturbance is occurring at the upper fringe of the riparian - the very high banks. You can think of these banks in terms of zones as the river comes up, the ground water comes up along with it. So, the ground water level is sort of a dampened image of the topography. In other words, the ground level water doesn't match the steep bank; the ground water doesn't match that bank - it goes off at an angle. So, as you go up to the top of that bank, the ground water is farther away. So, you can think of different levels of stress; as you go down-the bank - probably the mid point of the bank is the least stressful, because cottonwoods don't like to be to wet. That is why they don't occur in the wetland area, because the wetland area is to wet. The top of the bank is the most stressful on the other side because of routing conditions and having to produce more root material to go deeper. So, one of the things that we can concentrate, in terms of minimizing disturbance, is to avoid those particularly well suited areas of the riparian, which is that mid bank position. If there is a place to disturb, its on the upper bank. You can't disturb it on the lower bank because you'run into the river. There is another sensitive issue there. If that answers your question. Mayor Pro-Tem Nottingham stated I know who you are working for and that type of thing. But, what about - what happens when we remove this bank - the edge of these banks? Dr. Olgeirson asked of the top bank? Mayor Pro-Tem Nottingham stated yes, the edge of these banks - dig in and put foundation - it is going to effect. Dr. Olgeirson stated not entirely, if my information is correct - it is out of the 100 year flood plain, which is where the riparian zone typically reacts and functions the best. 5 You also need riparian zone, are more trees others. That to avoid, the F_ -7 L--.A to look at actually what is happening in that because it is not homogenous throughout. There in certain suitable situations than there are in is just the process of trying to minimize, if not damage to the riparian area. Councilor Hines stated that is an interesting point, though. Hundred year flood plain; to us, it is a line drawn on a map. In relation to-a bank - how does that physically apply. Dr. Olgeirson stated it depends on the river. It depends on the cross section of the channel, it depends on what the average or normal high flow volume is - what the crest stage of the river is - as it fills up that volume. So, in a flatter flood plain, the hundred year flood plain could be 50' wide, a mile wide, a 1/4 mile wide. In a steep bank like this its pretty controlled, but it is controlled by the level of the river - steepness of the bank and the level of the river. Councilor Hines stated if you cut down into the bank to the point where you are approaching - I mean to us it is just a line on a picture. Mr. Jeff Spanel interjected but the volume of water that is discharge during a hundred year storm is going to determine the dept the water rises to and thus the width of a narrow channel. Councilor Hines - asked, so it is definable. Mr. Spanel stated it is definable. Councilor Hines added, in terms of the actual elevations and Mr. Spanel stated it is a statistical analysis, Tom. I mean it is based on statistics that were - records have been kept and statisticians determined what the likelihood. Another term for hundred year storm is a one percent chance storm - there is one percent chance that a storm of that magnitude would happen. OK? It is the volume of water that would be in the river channel under that one percent chance. So, it is a mathematical and determinable body.of water. Councilor Hines asked if that is ever adjusted. Both Councilor Hines and Mr. Spanel spoke at once and am unable to transcribe responses. Mr. Spanel stated the state office keeps records of floods and the nearest gauging station we have here is in Eagle and they monitor the flood stage every year. Based on that, and historic records, they determine what volume of water will be coming through the Eagle River during a hundred year storm. Councilor Hines asked, that is changed every year? Mr. Spanel stated no, it is not changed every year - it is monitored. I honestly don't know the frequency of monitoring - they publish a book of what their records are and I don't know the frequency of how often they publish that information. Councilor Hines thanked Mr. Spanel. Dr. Olgeirson stated as an illustration of where that zone really is, I have a good friend that is a hydrologist - a river hydrologist. He said you have to remember that there are two kinds of hydrology - hydrology and regulatory hydrology. Regulatory hydrology is always much bigger than real hydrology, because it is a legal issue. That hundred year-flood plain you have. to,: stay out of. Mayor Pro-Tem Nottingham asked,-,on this riparian vegetation thing, are we able now to consider that this area, specific to this site, this is basically,a certified riparian mapping of this - for us to'consider-.from here on? Dr. Olgeirson stated, I would say so, sure. Mayor Pro-Tem Nottingham stated, OK, so, we can stand by this. I see the date on this of just a few days ago and that type of--"thing - is there any concern about the timing of the year that you.do this?~ Dr. Olgeirson stated, no there really isn't. Riparian areas are harder to look at in the summer as it is in the winter, if you want to look at the canopy, because the canopy obscures the area that you are=using. You can actually look at it.better without vegetation, although it helps to look at it at all times of year. I mapped the Eagle River corridor for the Denver Water Board about fifteen years ago, so I also have that information available. 6 J u Mr. Mauri Nottingham asked, are you considering the cottonwood trees on the high ground as a riparian area? Dr. Olgeirson stated the very upper limit, but some of those might be ditch related. Mr. Nottingham stated they are entirely ditch influenced - those trees wouldn't be there if it wasn't for the irrigation ditch. Both Mr. Nottingham and Dr. Olgeirson were talking at once and am unable to transcribe. Mr. Nottingham stated, but all the rest of them are on the high ground, next to that irrigation ditch. If that irrigation ditch were ever shut off, those trees would disappear. I have some concern about that and I have a feeling that they are going to be irrigated one way or the other. That ditch influences the growth of those trees and that ditch, I understand is going to be moved. Dr. Olgeirson noted there is some ditch influence on the other side too. Mayor Pro-Tem Nottingham stated, I have a few comments, since you are an expert here, that as far as comparing this to how it relates, in your opinion, to the Town of Avon goals that we have set, at this point in time. And, one of them is that we are charged with insuring the high quality and the natural environment is preserved and integrated into the developed areas of-the town.: And, we are charged with protecting-and enhancing the water quality of the Eagle River and Nottingham Lake. And, we are charged with providing special controls for development on the hillside areas to,minimize environmental degradation to preserve the visual.character of the unique area. It has been pointed out to us, at the Eagle River assembly, which is a river water group that meets and is very concerned, that this is one of the biggest,assets the Town of Avon has,. And, I am concerned of meeting our-goals,by allowing encroachment to come this close. Will we be doing negative things - in your opinion? Dr. Olgeirson questioned in particular? Mayor Pro-Tem Nottingham stated, in particular or to this site. Dr. Olgeirson stated, I think that all of the projects that I work in offer opportunities and constraints - there is always something that is constraining in terms of the environment and there usually is an opportunity in the environment. I mentioned the opportunities, maybe some regeneration of the cottonwood. Some of the constraints would be working in the channels and altering that relationship that the channel has to the riparian area. I think that they have avoided doing that. I think, in projects, that would be a pretty important thing to avoid in all situations, is to maintain - not rigidly maintain because remember the system has got to flux - it is not staying the same - it is always changing. In all of the rivers that I look at, in Colorado, there is always some garbage and this project has some garbage left over from agricultural activities. Its got some collapsed buildings and some other things of that sort. I don't know what manipulation was made from agricultural kinds of things - by the railroad, by irrigation ditches, etc. I think that it is important to, in a sense, clean up those river channels. You have several ways of doing it, but its all a management project, because the Eagle River does need some management from lots of different directions. But, you do have opportunities from developments, if you can direct them well enough to use that development to help preserve, or conserve would be a better word, the river channel and the riparian area. There is also a recreational and educational component that probably shouldn't be forgotten in terms of rivers. Alot of rivers and wetlands in this country are unaccessible because of certain kinds of things like agriculture ground or being fenced, or whatever, and development can offer some trail opportunities and things like that to get people down to rivers so that they understand rivers, which tends to foster people being more generally concerned about conserving rivers. That goes for wetlands, too. That goes for any kind of natural vegetation. Awareness really breeds alot of thoughtfulness. We unfortunately have a nitch in this world, or fortunately, and we have to live somewhere, so there is always a compromise. 7 • • My job is to generally make that compromise, if it needs to be made. Sometimes it is my job to make sure the compromise doesn't exist - that happens in some cases. Councilor Hines questioned, since they hired you to specifically address the issue, what recommendations have you made to them in terms of how to minimize mitigation? Dr. Olgeirson stated, yes, that we replace at least tree for tree. That that replacement be a replacement - in other words, if we plant fifteen trees and one of them dies, then that tree will be replaced. There has to be some boundaries on that obviously, if it dies in twenty five years. Councilor Hines asked, what about beyond the trees? Dr. Olgeirson questioned, you mean restoring other parts of the riparian areas? Councilor Hines stated, yes. Dr. Olgeirson stated it would be a systematic restoration of the riparian area - it would not just be a tree planting - this is not a treescape - a row of trees - it is an actual creation of a cottonwood gallery - it is that high ceiling appealing. The understory will be native. shrub, basically. And,-the groundstory as well, which are basically grasses. There may be some other areas on the property where some remediation can be done where no disturbances happened - this could be beneficial to the developer - just to enhance the natural view of the river - maybe to close some views in some ways of the river - to replace some vegetation in sparse areas and in this case it is not cottonwood because you get cottonwood to close to the channel and it becomes a hazard and you will.have the water people on your back because you will be floating trunks down the stream. But, it could be shrub material and things like that. Removal of the collapsed building, for example, would be a good opportunity to do some kind of remediation - it will want to be done anyway. Mayor Pro-Tem Nottingham stated this may seem like we delved a little deeply into that, but I do recognize that you did bring an expert on this area and I did not know if during the public hearing we would have that opportunity, so I wanted to go into it. I just wish more of our council would be here because this is a real important decision for us and I appreciate your efforts on that. Mr. Donaldson stated Dr. Olgeirson will attend the next hearing. Mr. Spanel stated that if there is anything that comes up, to let them know, so that Dr. Olgeirson can be prepared to address those concerns. Mr. Donaldson noted from here to the next meeting, Dr. Olgeirson will be working with the landscape architect, Glen Elleson, and working with different plant species. They will give a more formal presentation on the impacts of those plantings and that sort of thing. Mr. Donaldson summarized Dr. Olgeirson's presentation of this evening. Councilor Hines mentioned maximum site coverage - building coverage. Discussion centered around developable area. Councilor Hines asked if staff could draft language in terms of mitigation of lost riparian or the enhancement of riparian vegetation. Mr. Donaldson suggested they submit Dr. Olgeirson's recommendations and Glen Elleson's input for town staff to review rather than staff having to generate documents. That was acceptable to Councilor Hines. Councilor Hines questioned the feasibility of removal of Building A entirely and to shift the project linearly down? Councilor Hines asked the possibility of stepping the buildings? Mr. Donaldson stated on the areas of the deeper cuts, the reason for that is that we are establishing floor elevations on the entry level, the garage, and the lower elevations, that are consistent with existing grade. This is something that the P & Z felt was very important in terms of stepping the buildings with the topography and working with the grade. We have done just that. We have eliminated length of buildings substantially. 8 0 • The architecture is more off-set. The buildings fit into the grade. We have pulled buildings back and'we have reduced the canyon effect in almost every way imaginable along the river.- During the design review process, building heights that have been established will be kept under control. Mr. Donaldson 'stated they have looked at eliminating Building A before and will look at it again. Mr. Ed Smith, architect with Shapiro Development, stated we did look at eliminating Building A, cause that was suggested previously. Unfortunately, there is a bubble of wetland that goes up right between A and B. If you eliminate Building A, you can not slide the whole thing down. So, we took the approach of reducing other buildings farther down. So, we've. taken two other buildings from four bays wide to three bays wide. Councilor Hines stated that if you took out Building A you could reduce the asphalt that you have and you could rotate the other building. Mr. Smith noted it certainly opens that end, but it, doesn't offer the opportunity to open the other end of the site - it doesn't carry on to the east - it opens up the west only. Mr. Smith noted that when they did the drainage study, this particular site, unlike other riparian areas along the river, has such a run off now because of the surface that is up there,.that building on the site actually is a reduced run off, from what is there,existing. There are no grasses, meadows,, etc. to absorb the site: 'Ironically, landscaping that'we will be adding for the project, will actually enhance the absorption of run off. Councilor Yoder questioned projection for, phasing and projected build-.outs .'Mr. Donaldson stated,=on Lot 3.we expect to do that in one phase. Mr. Spanel added it could potentially be two phases - it is obviously going to be dictated by sales. If it is phased; it will be split - Buildings.l,_'2, & 3 would be phase 1 and Building 4 would be phase 2. Mr. Smith noted we would start* with the second building and build contiguously. Mayor Pro-Tem Nottingham expressed concern, during design review, of aesthetics to the river and the stepping of the buildings. Mayor Pro-Tem Nottingham expressed concern of buildings setting on riparian areas. Mayor Pro-Tem Nottingham expressed concern of land dedication to the Town versus strong public use easement. Mr. Spanel stated an easement is not a problem. Councilor Fawcett motioned to approve Ordinance No. 95-7, Series of 1995, on first reading. Councilor Yoder seconded the motion. Mayor Pro-Tem Nottingham called for a roll call vote. The motion carried unanimously. Second Reading of Ordinance No. 95-2, Series of 1995, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.08 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE 1994 EDITION OF THE UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, REPEALING CHAPTER 15.16 OF THE AVON MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO Second Reading of Ordinance No. 95-3, Series of 1995, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.12 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE "NATIONAL ELECTRICAL CODE", 1993 EDITION Second-Reading of Ordinance No. 95-4, Series of 1995, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.20 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM PLUMBING CODE", 1994 EDITION 9 Second Reading of Ordinance No. 95-5, Series of 1995, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL CODE", 1994 EDITION second ;Reading,of' Ordinance-No. 95-6, Series,of 1995, AN ORDINANCE'REPEALING CHAPTER 15.32 OF THE AVON 'MUNICIPAL CODE AND REENACTING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE "„UNIFORM FIRE CODE", 1994,EDITION Mr. James'reminded back in January, Council passed, on first reading, all these Ordinances regarding the uniform building and fire codes. That gave us about six weeks`between first reading and the public hearing tonight, mainly for the building community to have an opportunity to review these and to comment. Mr. James suggested to approve all Ordinances as presented by staff, if there are no real objections during the public hearing process. Mayor Pro-Tem Nottingham opened the meeting to public hearing. Mr. Ed Smith, architect in Colorado, expressed concern that calls for a violation of the building code being considered a misdemeanor. At a minimum, the language is vague; who is that person that is going to be fined or put in jail for not to exceed 90 days? Is it a president of a corporation, or the field superintendent, or etc.? The financial penalties by red tagging a building are a severe financial burden to most. Mr..James stated this is already existing in our current code. Attorney John Dunn added it is consistent with general practice. Attorney Dunn noted corporations can't go to jail; corporations can be fined. Hearing no further public input, Mayor Pro-Tem Nottingham closed the public hearing. Councilor Yoder motioned to adopt Ordinances 95-2 through 95-6, Series of 1995, on second reading, as presented with the written recommendations by staff. Councilor Hines seconded the motion. Mayor Pro-Tem Nottingham called for a roll call vote. The motion carried unanimously. New Business was the Proposal to Provide Refrigerated Air Conditioning Design for Avon Municipal Building: Mr. Larry Brooks reminded that money has been appropriated in the 1995 budget to install air conditioning in the municipal building. Yoder Engineering was one of the original contractors on the building and has submitted a scope of services for the air conditioning. The proposal is for $8,000, leaving a total of $70,125 to perform the actual work. Staff recommends approval. Councilor Fawcett motioned to approve the proposal for air conditioning the municipal building at a budgeted cost, not to exceed $78,125. Councilor Hines seconded the motion. The motion carried with Councilor Yoder abstaining. Other Business was the Vail Valley Tourism & Convention Bureau: Mayor Pro-Tem Nottingham stated the Vail Valley Tourism & Convention Bureau has requested to meet with Council on April 11th. This is a regularly scheduled Council Meeting. Time was questioned. Mr. James will communicate to them to coordinate an available time. 10 • Town Attorney Report: Attorney Dunn informed that he has now received the deed and agreement from Terrence Allen, signed and notarized. Other Business: Councilor Hines announced he attended a NWCCOG meeting and the elevator program seems to be very positive. Councilor Hines announced he attended the Eagle County Transportation Summit. Councilor Yoder announced that she, Councilors Carnes, Fawcett, Hazard, and Hines all attended the CAST meeting in Grand Junction. Consent Agenda: a.) Resolution No. 95-11, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET b.) Resolution No. 95-12, Series of 1995, A RESOLUTION APPROVING THE FINAL PLAT FOR THE RESUBDIVISION OF LOTS 32/33, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON,-EAGLE COUNTY, ,COLORADO c.) Approval of the February 14, 1995 Council Meeting Minutes d.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor Fawcett seconded the motion and the motion carried unanimously. Adjourn: There being no further business to come before Council, Mayor Pro-Tem Nott_inghamIcalled for a motion to adjourn. Councilor Hines moved to'adjourn. The motion was seconded by Councilor. Yoder. The meeting was adjourned by Mayor Pro-Tem Nottingham at 9:32PM RESPECTFULLY SUBMITTED: Patty Neyh rt, Town Clerk 11 r 12