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TC Minutes 07-11-1995i 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 11, 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 Albert Reynolds at 7:30PM. A roll call was taken with Councilors Richard Carnes, Jack Fawcett, Tom Hines, and Judy Yoder present. Councilors Jim Benson and Celeste C. Nottingham were absent. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Engineer Norm'Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Director of Community Development Mike Matzko, and Planner Karen Griffith, as well,as members of the press and public. Citizen Input: Cassidy's Application for Outdoor Use of Sound Amplification System (Jane Tobler) Ms. Jane Tobler presented a cover letter, (see attached Exhibit A) which Mayor Reynolds read in it's entirety. -The five additional letters were of neighboring businesses expressing approval of the application for outdoor use of sound. Ms. Tobler mentioned the volume would be kept low. The sound was intended only for background music for guests on the deck. Ms. Tobler noted a separate amplifier would be kept in a lock closet and access would be limited to management staff. Councilor Hines asked what the noise decii town. Town Attorney Dunn stated the town decimal level. Councilor Hines expressed to the surrounding neighbors. Ms. Tobler for her to remain a good neighbor as some her best customers. nal level is, for the has never established a his concern with regard noted it is important of the neighbors are Councilor Yoder expressed concern of perpetuity in case Ms. Tobler leaves or Cassidy's changes hands. Councilor Yoder suggested to approve on a temporary basis and if it works then review on an annual basis. Ms. Tobler had'no problem with that suggestion. Councilor Fawcett motioned approval of Cassidy's application for outdoor 'use of a sound amplification 'system on a trial basis" for thirty days from today's date and request that Cassidy's come back and indicate to us how the system has performed. Councilor Yoder seconded the motion and the motion carried unanimously. Citizen Input: Eaglebend Drive Fence (Walter Dandy) Mr. Walter Dandy requested Council to take the plastic strips out of the chain link fence recently installed along Eaglebend Drive. Mr. Dandy is circulating a petition of the neighboring property owners. Mr. Dandy gave a sample of the petition (see attached Exhibit B) to Mayor Reynolds. Discussion followed on costs of the fence and the strips, and possible reimbursement of the strips. Mayor Reynolds suggested Mr. Dandy complete the petition process, so that there is a consensus of the neighborhood, to take the strips out. Council's consensus was to leave the fence as a necessary barrier. Once the petition is completed, Council will review again for possible removable of the plastic strips. 0 • Second Reading of Ordinance No. 95-11, Series of 1995,- AN ORDINANCE AMENDING-CHAPTER 9.12 OF THE'MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO CONSUMPTION OF MALT, WINE AND SPIRITUOUS LIQUORS IN PUBLIC PLACES AND PROVIDING PENALTIES 'FOR THE VIOLATION HEREOF Attorney Dunn thought the three suggestions of Police Chief Gary Thomas, that,were outlined in.his memo.; were good ones and presented an amended Ordinance 95-11 incorporating those comments. Attorney Dunn detailed-the changes in the amended- Ordinance. Councilor Hines stated that the way the amended Ordinance reads, any individual 21 years or older can consume 3.226 as long as there are signs posted. Attorney Dunn stated that is right. Councilor Hines thought the intent was to permit, per the recreation department. Councilor Carnes asked what was Police Chief Thomas's point in adding the deal with the signs. Attorney Dunn did not-know. Councilor Fawcett echoed Councilor Carnes thoughts. Town Manager Bill James thought the reason behind Chief Thomas's ideas was so that they did not have to go through the permitting process. Recreation Director Meryl Jacobs added enforcement reasons. Town Manager James thought the suggestion came from Gary Bates - that is what they do in other community parks - they.allow consumption of 3.2% beer during specific hours. Councilor Hines did not think it was a good public image to have that kind of signage in the-park. Town Clerk Neyhart thought one of the ideas was that it would allow a couple to enjoy a beer or wine cooler with their picnic. However, the 3.2% beer would need to be changed to 3.2% alcohol, because there are 3.2% wine coolers. Town Manager James reviewed the progression-and reasonings of discussion this evening. 3.2% beer is not regulated by the open containers law - by the state statutes. So,-Council can allow 3.2% with picnics in the park. Councilor Fawcett motioned upon second reading the approval of Ordinance No. 95-11, Series of 1995 (original version). Councilor Yoder seconded the motion. Attorney Dunn noted that providing an exception for when a special events permit has been granted pursuant to state law is a valid point. You do not want to have a conflict between the Ordinance and a situation where a special events permit has been issued. Councilor Hines asked Attorney Dunn where that should be inserted. Attorney Dunn stated you can just take the,language contained in subparagraph 1 of the redraft which I have circulated to you and insert that in there. Councilor Fawcett moved to amend the motion Ijust made with respect to Ordinance No. 95-11, Series of 1995 to add a paragraph which states it shall not be unlawful for'any person to consume any malt, vinous,,or spirituous liquor in.any such location when a special events permit has been issued pursuant to Article 4'8, Title 12, Colorado Revised Statutes and as go amended I move the approval of Ordinance No. 95-11, Series of 19-95. Councilor Yoder seconded the motion. Mayor Reynolds opened the meeting for public input. Hearing no one the Mayor called for a roll call vote. The motion carried unanimously. 2 • First Reading of Ordinance No. 95-13, Series of 1995, AN ORDINANCE ADDING CHAPTER 17.08.705, DEFINING "RIPARIAN ZONE", TO THE MUNICIPAL CODE OF THE TOWN OF AVON, AND REPEALING AND REENACTING CHAPTER 17.50.110 AS IT RELATES TO STREAM SETBACK PROVISIONS Mr. Bill James reminded that at last meeting Staff presented Council with a number of alternatives. 'Those alternatives - included the current 30' from annual mean high water mark, 501, 751, and mapping the riparian zone. Mr. Matzko was directed to talk with the property owners. And, based upon that discussion and discussion with staff, Mr. Matzko was to come up with a recommended Ordinance addressing-river setbacks and riparian areas. Mr. James added that when staff reviewed, they looked at trying to protect the riparian zone. And, if that is the wish of Council,, then riparian zones is what we should map - that is what is included.in the Ordinance. Director of Community Development Mike Matzko stated his department did contact various property owners, .for their input. Mr. Matzko added he did not have the length of conversation and in some cases was unable to reach the property owners. Councilor Fawcett stated the crucial thing to him is the taking without just compensation. Mr. Matzko stated he contacted Mauri Nottingham. Town Planner Karen Griffith informed she spent the first couple of weeks just going over the river and mapping the vacant land and developed land. Then they mapped out where the 30', 50' and 75' line would be. Based on that research, there were only approximately four parcels that would be affected if this Ordinance passed. Town Planner Griffith contacted, in one way or another, all four of the affected property owners last Friday. Field research was needed prior to contacting the owners and also to get a handle on what was to be proposed. Two properties were in Riverside. Frank Navaro represented one of them. The other was Golden Buff Enterprises, out of Glenwood Springs. A message was left for Buff Arnold. Town Planner Griffith noted she mailed communication to all four property owners. .Town Planner Griffith continued listing the properties - there were two in Eaglewood, west of Sunridge. Frank Navaro represented the Laurie Family Trust. Tim Garton represented Avon Ranch. Vail Associates was mailed communications, even though that property is not in the town presently. Town Planner Griffith presented maps for Council's review. -Councilor Carnes questioned definition of riparian zone within the Ordinance. Councilor- Carnes noted the Army Corps of Engineers said that there is really no definitive definition. Mr. Matzko stated the definition was taken with minor modification from the Eagle River plan. The source of that definition was the Corps of Engineers, U.S. Forest Service, etc. Councilor Fawcett noticed that a section of the Ordinance states the minimum setback it 75' from the mean annual water level. Mr. Matzko stated that is correct. Councilor'Fawcett questioned 75' is the minimum - it.could be further back? Mr. Matzko stated that is correct. Councilor Fawcett stated if-this Ordinance is passed we are changing the setback from 30' to 751. Councilor Fawcett noted we also indicate the town is going to employ some guru who will be a botanist or soil scientist or biologist or other qualified professional. That guru will then go in and make another determination as to where the setback might be. Not-only is the property owner not assured that 75' will be it, but now-he might be subject to the guru's interpretation. Councilor Carnes added that is because of the vagueness of riparian areas. 3 0 0 Mr. Matzko stated the intent staff had was to provide the opportunity for some negotiation and some flexibility, working with the property owner. If you cut off some area from development, what is done in exchange? And, this allows some opportunities for doing that. Councilor Hines stated this definition for riparian zone will probably be a common definition, per the Eagle River Management Plan. Mr. Matzko agreed. Councilor Hines,, f,eIlt the 75' would adequately take care of most of the riparian environment along the river corridor. Mr. Matzko stated it depends on the area - in many.cases it would exceed the riparian zone - :in'other cases it wouldn't. Councilor Hines questioned the "guru". Town Manager James thought we were going to map the area-to take-out the question for the property owner'and for Council.- so,there is not a debate. When you are mapping an area,'you are establishing the riparian zone, rather than have a kind of floating boundary line. Mr. Matzko noted he was not clear in that. Councilor Hines stated that at some point in time we have to establish a minimum to work from. Councilor Hines also noted that this Ordinance would apply to properties currently un-built, not approved, or down the road when we hit the rebuilding process. Councilor Yoder stated the town has had 30' setbacks since the town was incorporated. If we had started with 501, I would have supported it all along. I think that is probably better. To wait until we have the last four property owners that would be affected - I can't support that change. We are talking about taking property rights without compensation and I don't believe that is fair. Councilor Carnes agreed on the reasoning behind the last four property owners, and added we obviously have to think longterm as to which way the town is going to expand. Councilor Carnes suggested to wait for Councilor Nottingham, since she has spent so much time on this issue. Councilor Yoder interjected that she is the first one to say when you have a quorum, you do business. Councilor Fawcett motioned that Ordinance No. 95-13, Series of 1995 not be adopted. Councilor Yoder seconded the motion. The motion carried with Councilor Hines opposed. (Ordinance No. 95- 13, Series of 1995 did not pass first reading). Resolution No. 95-37, Series of 1995, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR EAGLERIDGE TOWNHOMES, A RESUBDIVISION.OF LOT 79, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Town Engineer Norm Wood stated CCI Development Group has submitted an application for preliminary plat,approval for Eagleridge Townhomes, which is a six unit townhome project located on Lot 79, Block 1, Wildridge. This project has been through the design review process of the P &-Z and is under construction. With six units, it does not qualify for consideration as a minor subdivision, so it does require a preliminary plat review. The required notices have been posted and mailed. In response to the public hearing, we did receive a letter from Peter Vavra. Staff recommends approval of Resolution No. 95-37. Mayor Reynolds read Mr. Peter Vavra's letter in it's entirety (see attached Exhibit C). 4 0 0 Mr. Wood, in response to Mr. Vavra's letter, stated the approval is already in place. This is merely a subdivision plat to allow the sale of the units. There are maximum setbacks of 20' in Wildridge and Mr. Vavra mentions 50-60' and that is more than the minimum. This does fit within the perimeters of the town guidelines. Mr. Wood noted that Mr. Vavra's concerns should have been expressed at the design review stage. Councilor Hines motioned to approve Resolution No. 95-37, Series of 1995. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Tennis Courts / Change Order #1 Director of Municipal Services Larry Brooks reminded that Mr. Spanel had informed Council of the need for this-change order. The purpose for this change order is for additional screened rock. The agreed settlement was to pay for 300 tons of screened rock in the amount of $4,500 additional to the contract. Mr. ' Brooks stated the recommended action is to approve Change Order #1 as presented this evening. Councilor Hines said, "So moved". Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Avon Flag Donation to the Library Mayor Reynolds said he would like to bring up a flag being donated by the town to the library - if it is-Council's desire. Mayor Reynolds;=believed the library to display the Country, the State, and the. Town.-Councilor Yoder-added these will be indoor flag stands. Councilor Hines asked if the town was giving the flags.', Mayor Reynolds suggested the town give the library the flags.,..Councilor Yoder interjected just the'Town of Avon'..s flag. Mayor Reynolds°asked',how much a flag cost. Mr. Brooks thoughta flag to be around $70-$80. Mr. Brooks informed he would purchase a banner and put grommets in it, so it,can be displayed either as a flag or banner. Discussion centered on the flag poles at the entrance of town. Mr. Brooks stated the contractor promised he will be here this next week to start work. It will take approximately ten days for four poles to be installed. Town Attorney Report: Terence Allen Town Attorney Dunn asked if Council had seen the letter regarding Terence Allen from Mr. Matzko. Mr. Matzko informed Mr. Allen was issued a certificate of occupancy on June 30, 1995. Consent Agenda: a.) Approval of the June 22, 1995 Council Meeting Minutes b.) Resolution No. 95-38, Series of 1995, ARESOLUTION APPROVING THIRD SUPPLEMENTAL PLAT AND CONDOMINIUM MAP, BRIDGEWATER TERRACE CONDOMINIUM, LOT 8, BLOCK 3, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO c.) Financial Matters 5 Councilor Yoder- motioned to approve the Consent Agenda. Councilor Fawcett "seconded the motion and the motion carried unanimously. Adj ourn : There being no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor Fawcett moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 8:58PM. RESPECTFULLY SUBMITTED: Patty Ney $t,% CMC Town Clerk 6 ~E%HB;IT A - \ OF.E M 'FfM Council Members, July 11, 1995 I want to first thank you for taking the time to review the sound permit for Cassidy's Hole in the Wall. In applying for this permit, I thought it was necessary to visit the neighborhood and discuss with the other business owners/managers our plans to install outside speakers on Cassidy's deck. Although the intent of having outside speakers is strictly for background music, with volume levels that should reach no fiirther than the physical area of the deck, I thought it was important to discuss any possible concerns regarding impact on their business or work environment. Enclosed are letters from five of our closest neighbors. I feel strongly that providing a little bit of music on the deck for our guests will enhance'their experience at Cassidy's. I sincerely appreciate your consideration. Respectively, ane E. Tobler Director of Operations P.O. Box 5770 * 82 East Beaver Creek Boulevard Avon. Colorado 81620 * 303-949-9449 * 303-949-7045 - * office: 303-949-0252 "I I i t~ ~:a t i, I ~ I t I I ~ ' ' ~ . J p, t , ` 1 1 7 1 r _*~i"~' =•Fit'I_•e.~ mss. ~if'~ a`~~•'o.• GREENS INIACEIIN S, U E.~S"1' ER CREEK 1''T\ D. c it t ~7 -S- 17 CIMIMEI~(-JAL IAA NDRY • F1. l'WORh PRESSING • LAIADROi.1IAT.DROP-01:1 LAl:\I RY. Nova-Guides, Inc. Oil' c~ J lei ' ~ GT ~ ~ v r~ ~N ,y f P.O. Box 2018 s Vail, Colorado 81658 • 303-949-4232 • FAX 303-949-4191 I ARROW INSURANCE MANAGEMENT. INC. "The Insurance People" P.O. Box 918 AVON. COLORADO 81620 July 7, 1995 TO: Town of Avon RE: Music at Cassidys To Whom It May Concern: Jane Tobler came to talk to us from Cassidys regarding music on their deck for entertainment to guests. We ve no objection as long as the music is not too loud. he Arrow Insurance Team i Rose Sandoval .Office Manager (303) 949-8110 Opy C'Opy- Colorado Copies, Inc. 4t) bb-A afe-1-6oA4 uc~~ W-et&,4 1-~~ t oi,~ cq~ &0-- CL O-w y A a_ t1►1o,.+~ar.~.~ 142 Beaver Creek Place • P.O. Box.2174 • Avon; CO 81620 • (303) 949-9385 • FAX (303) 949-9387 • • The Goldsmith Shop P.O. Box 1067 • 142 Beaver Creek Place • Avon, Colorado 81620 • (303) 949-1225 %7515 0 - 0 tE%FiI-BIT ---B' Avon Town Council Ladies and Gentlemen: C /(L We the undersigned, are residents and/or property owners of the Eaglebend Drive dwellings east of Stonebridge which directly face the new chain link fence. We petition for the immediate removal of the artificial wood (plastic) strips which are now being inserted in the fence. We share a confidence that any reasonable observer would see-their continuing presence as deleterious to the interests of the neighborhood for the following reasons: 1. There is no advantage to opacity in that fence. Contours of the land make hiding of the railway bed impossible, even if it were desirable. 2. The fence, with its plastic strips, remains somewhat transparent, thus rendering an at best misguided justification spurious. 3. When the old fence was removed, suddenly a walled in effect was replaced by truly pleasant uninterrupted vistas. These enhanced the roadway and the neighborhood. 4. The plastic strips do not justify their aesthetic cost through meaningful contribution to sound insulation. 5. The plastic transforms an unpleasant but nearly invisible eyesore (wire fence) into a truly conspicuous one. 6. The plastic will present an ongoing maintenance problem. Kids will emblazon it with graffiti, remove the odd strip, and throw rocks at it when it gets brittle. The council is surely aware of the assessment and tax levels imposed on this little community. These are in part a function of careful architecture, the use of sensitively selected materials in construction, and the pursuit of high landscaping standards Any time our taxes are applied to injure our surroundings, we would hope for prior thoughtful analysis to ascertain that there is some compensating justification. In this case we believe such analysis has not taken place, with an unfortunate but luckily reversible result. Please take action right away to remove the strips and restore the desirable transparancy of the fence. very truly yours, Name: Signature: Address: 6 '5 Q Eaglebend Drive I Mailing Address: " kj P U t-ftl,~ KS-O-ck- G--u/ Va,t.%t , C, k f L ->--r, Phone: (H): (5Lf3 Comments: V cry v~ 1~►1 l L~ y'il/ t 1-l E. 1i 15 rz~ EXHIBIT C RECEIVED JUL 11 1995 TOWN OF AVON IN- t7= . Gi