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TC Minutes 04-09-1996Av'A MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 9, 1996 - 5:30 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 J. Reynolds at 5:35PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, 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: 208 Water Plan / Robert Ray Mr. Robert Ray, water quality director for Northwest Colorado Council of Governments (NWCCOG), requested Council consider adopting, either by resolution or by motion, the 208 Water Plan, which is the regional water quality management plan, as revised and approved by NWCCOG. Mr. Ray stated the 208 plan is referred to as that, because it is required by Section 208 of the Clean Water Act. That section requires regional water quality management plans to be developed. An existing plan was last approved by the governor and the Water Quality Control Commission, a state body, in 1989. Mr. Ray discussed water quality - why should we be concerned about water quality, where we do have good water quality - how the 208 plan can be used by various governing bodies - how the 208 plan was revised - the land use impacts and issues identified with respect to water quality - and some of the recommended approaches to minimizing those impacts at the local level. Mr. Ray summarized by informing the 208 Water Plan may used as a reference, a planning tool for water quality in the region. Councilor Hines compared the Watershed Plan to the 208 Water Plan. Mr: Ray stated the Eagle River Watershed Plan is referenced in the revised 208 Water Plan, as an example of what all of the basins in the region may undertake, as an appropriate tool to address concerns. Mr. Ray noted he used the public out- reach that was developed through the Eagle River Watershed Plan. Mr. Ray is trying to put together a basin group that continues to meet on a regular basis to discuss water quality issues. NWCCOG has received a capacity building grant and Mr. Ray hoped to put together a couple of workshops to move forward with the next step of the Eagle River Watershed Plan. Mr. Ray asked Council to use the 208 Water Plan as a reference document and a planning document. The plan has no regulatory authority. It only makes recommendations. Mr. Ray noted that if Council adopts this plan by resolution, Council will not be adopting any new regulations. Council would be acknowledging the 208 Water Plan document as an appropriate planning tool. Mr. Ray noted that within the Eagle River basin, Eagle County and the Towns of Eagle and Minturn have endorsed the plan. The Town of Vail is planning a public hearing on the plan. Councilor Hines wished certain items in the plan were more strongly addressed and compared the 208 plan to what the Town of Avon has already on the books. Councilor Hines referenced set backs, slopes, management plan, pollution up stream, sedimentation, stream flow, construction activities, and storm water management plan. Councilor Hines would like to see stronger language. Councilor Nottingham was very concerned about the protection of the Eagle River. Councilor Nottingham questioned what the purpose of the 208 Water Plan was as there is no regulations . it has no teeth to it. Councilor Nottingham presented pictures of a sewer plant construction site in the Town of Avon, along the Eagle River. Councilor Nottingham explained the pictures of dirt and boulders being pushed up to and in the river and silt fences almost covered in the river. Councilor Nottingham again questioned what good does the plan do; if there is no enforcement. Counc:ilor'Nottingham added, even with the laws we have, there is no compliance. Councilor Hines echoed Councilor Nottingham's concerns of the construction site. Councilor Hines noted the high water run off is not going to cure the problem, it is an accumulative effect. Councilor Nottingham interjected that it was suggested to her that all the dirt needs to be removed from the sewer plant construction site, a.s.a.p., prior to spring run off. Councilor Nottingham thought it to be obvious . . . there is no way a trail can ever be built, along the river now. Councilor Nottingham added she can bless this plan and pray for it, because it takes more than just saying this is a good idea . . . it needs teeth to it. Councilor Nottingham thought perhaps, with the new comprehensive master plan, the town can interface some of the items in the plan and create some regulations. Councilor Hines motioned to draft a Resolution to support the 208 Management Plan. Councilor Nottingham seconded the motion and the motion carried unanimously. Councilor Hines asked if any one was in attendance from the sewer plant. Director of Community Development Mike Matzko stated he spoke with Dennis Gelvin, general manager of Upper Eagle Valley Sanitation District. Mr. Gelvin was not able to attend this evening's meeting. Mr. Gelvin invited the Council to meet with him on site, as early as tomorrow, if Council would like. Avon's building official did go over to the site today and instructed them to pull back those portions of the bank that are encroaching and to repair the silt fencing. Matzko stated they will have to restore the river banks through replanting at the completion of the project. Councilor Fawcett asked what the Town can receive from them by way of documentation / contractual agreement, whatever, that they will do this . . . what assurances are legally binding? Matzko felt, under the building code, there are some enforcement powers. Councilor Hines reiterated his concern of the destruction of the river bank caused by the construction. Councilor Nottingham reiterated her concern of getting the dirt out of there prior to high water / spring run off. Council requested a meeting with Dennis Gelvin for tomorrow afternoon. Councilor Fawcett requested a plan, formulated as soon as possible, as to revegetation. Matzko clarified his statement . . revegetation is possible - it's feasible and if we,exercise our police powers that is something we could require. Councilor Fawcett thought we should work toward a plan now. Councilor Fawcett asked when they will complete the project. Matzko stated he needs to discuss completion with Mr. Gelvin and noted the fact that they have not completed some of the back filling that was anticipated, suggests that they are a little off schedule. Councilor Hines noted his primary concern was the allowed staging area turned into more than just a staging area. 2 Citizen Input: Winston & Associates Park Plans Mr. Paul Kuhn and Mr. Rick Fields, with Winston & Associates, gave history of the. projects, recapped the public input session, and presented current schemes of park plans for Lot 16 and Wildridge. Lot 16 is 6/10 of an acre and ties into the existing Nottingham Park. The master plan concept for Lot 16 is for 21 parking spaces on the north end, leaving 2/3 of the site for park land type uses. Horse shoe pits are included. Extensive screening is planned for the adjacent uses. The split rail fence is extended. A path is included, which makes the connection down to the volley ball beach area. There is an option shown to relocate the volleyball facilities, when the recreation center is expanded. Phase I needs to be defined. Mayor Reynolds asked if any one would like to comment on Lot 16. Buz Reynolds, Jr. asked if there was a possibility to put more parking than the 21 spaces. Mr. Kuhn responded that he would have to reconfigure the parking lot and thought the neighbors would not be as pleased if we were to come north / south into the site. Plus, the grade would produce a lot of fill. Mr. Kuhn added a two tiered parking lot would be feasible but, it would take up most of Lot 16. Councilor Nottingham asked about lighting. Mr. Kuhn recommended sensitive path lighting to balance public safety with the desire of the neighborhood. Mr. Kuhn stated the planning steps are a.) approve the master plan with any changes and b.) approval to.proceed with construction documentation for Phase I. Phase I needs to be more carefully defined. The bid process comes after the construction documents are done. Mr. Kuhn continued with the Wildridge plans. The area is approximately 10 acres and is a fairly steep site. The master plan concept includes 18 parking spaces, an open turf area, an opportunity for tennis courts, bast-etball, or street hockey, a large picnic shelter to house approximately 6 picnic tables, play areas on each side of the picnic shelter, composting rest room facilities serviced by a path accessible by a pickup, multi- purpose paths winding through the site, and a smaller picnic area. Phase I needs to be fit to the monies available. Mayor Reynolds asked if any one would like to comment on the Wildridge park plans. Buz Reynolds, Jr. asked about the possibility of tiering tennis courts on the upper portion with adjacent parking. Councilor Fawcett mentioned the wind might be a concern on the upper portion of the site. Mr. Reynolds thought if you put parking up top and tiered the courts down lower, it would minimize the wind problem. Tennis courts could be figured in Phase II and in Phase I just turf the area. Councilor Carnes questioned, wasn't the general consensus against tennis courts? Councilor Benson stated there were about fifteen or so Wildridge residents at the public input session. One person stated she was interested in seeing tennis courts on the site and everybody else was indifferent. Councilor Benson thought the price tag of tennis courts would be a factor. Councilor Hines thought needs of the neighborhood may change further down the road and this could perhaps offer up more options. Discussions followed on cost of tennis courts. Director of Public Works Larry Brooks informed four tennis courts cost the Town approximately $240,000 or $60,000 per court. 3 avacns .1sX~`s, Councilor Yoder interjected, we are being a little premature here . . . what we are trying to do is get a master plan and not exclude tennis courts and things that we may want in the future. Councilor Yoder added we are starting pretty basic, with some grass and paths and. a little bit of parking. Then let's go from there. We have to see how it all costs out. Mr. Robert Mattereese, resident of Wildridge, mentioned a school bus turn-around that should be addressed in the master planning. Mr. Mattereese added the master plan looks good and requested low light or no light and tennis courts would be OK. Mr. Burt Rewall, resident of Wildridge, a park is meant for kids. A play area is needed. A tennis court is great but, only two people can play . . . a basketball court would be better. Mr. Rewall would like to see grass and shrubs. A gentleman named Bill noted green space is most important- A multi-use court for basketball and/or tennis would be good. He would rather see a basketball court. Mayor Reynolds closed the public hearing. Councilor Yoder motioned to approve these basic master plans for Lot 16 and TractD to go forward. Councilor Nottingham seconded- the motion and the motion carried unanimously. Council recessed at 7:22pm and reconvened at 7:27pm. Councilor Yoder announced that this evening is Mayor Reynolds' Birthday. Attendees in the Council's Chambers erupted into a sing along of "Happy Birthday" for Mayor Reynolds' 66th Birthday. Ordinances: Second Reading of Ordinance No. 96-5, Series of 1996, AN ORDINANCE REPEALING AND REENACTING SECTION 10.04.060 OF TITLE 10 OF THE AVON MUNICIPAL CODE First Reading of Ordinance No. 96-6, Series of 1996, AN ORDINANCE REPEALING ORDINANCE NO. 95-23 AND REENACTING CHAPTER 10.04 OF TITLE 10 OF THE AVON MUNICIPAL CODE Mayor Reynolds announced this is a public hearing. Town Attorney John Dunn informed Ordinance-No. 96-5 is before Council on second reading. Attorney Dunn presented a substitute for Ordinance 96-5 of Ordinance No. 96-6. When the model traffic code, 1995 edition was adopted, it was adopted by reference and without consideration of the additions to the model traffic code which were in place at that time. Those additions were repealed. Thus, Ordinance No. 96-6 re-adopts those additions to the model traffic code. Council may want to consider eliminating some of those provisions. Attorney Dunn recommended Council adopt Ordinance No. 96-6 on first reading, but delete 10.04.050, 10.04.010, and 10.04.080. As far as Ordinance No. 96-5 is concerned, just withdraw or defeat it . . . it will be replaced by Ordinance No. 96-6. Discussions followed on parking on private property, "no on' street parking" signage, and adjusting parking limits, such as allowing on-street parking in Wildridge 4 Councilor Yoder motioned to deny on second reading Ordinance No. 96-5, Series of 1995- Councilor Hines seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Councilor Yoder motioned to approve on first reading Ordinance No. 96-6, Series of 1995, deleting 10.04.050, 10.04.070, and 10.04.080. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Council's consensus was that staff look into on-street parking at trail heads in Wildridge. Ordinances: First Reading of Ordinance No. 96-7, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN CENTER THROUGH OCTOBER OF 1996 AND THE STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko reminded that in October, 1995 Council adopted Ordinance 95-22, allowing the temporary sale of Christmas trees and storage of nursery materials. At that time, the applicant stated they would be moving to a permanent site in Edwards.. Since then, the applicant has run into some difficulties and the applicant is now requesting approval for a temporary garden center and storage of landscaping materials. The temporary garden center would be through October, 1996 and the storage would be through October, 1997. Staff has recommended denial of this application. The Planning & Zoning Commission (P & Z) unanimously recommended approval with conditions that are reflected in the Ordinance. Mr. Marty Jones, applicant, informed it is two lots. The temporary sales is proposed to be on lot 1. The tree storage is proposed to be on lot 2, behind where he sold Christmas trees. Councilor Hines questioned the lease agreement. Mr. Jones noted the owner of the property is working on developing the site. Councilor Hines questioned the applicant using water from Buck Creek for irrigation. Mr. Jones assumed that Oscar Tang has certain water rights on the site. That is an issue we need to clarify. If for some reason that water is not available, Mr. Jones would truck the water. Mr. Jones mentioned there is a hydrant right along the street there. Mr. Jones stated the storage area is for trees, shrubs, tool boxes, and other related landscape materials. Councilor Benson voiced concern that the area be kept neat as this is the entrance to Mountain Star. Mr.'Jones noted he has been in contact with Mr. Jen Wright, as he had the same concerns. Councilor Benson asked what lot 1 and lot 2 are currently zoned. Town Planner Griffith announced it is zoned PUD for a hotel. Mr. Jones noted he is running into problems with the land in Edwards. The parcel, that he has under contract, has some problems with how it was created in 1963. Mr. Jones is having difficulties with the county planning staff and their relationship with B & B. 5 Mr. Jones continued that this basically set him back about five months. Mr. Jones added he should be open in Edwards by November. Councilor Hines reiterated his concern of water use and whether Mr. Jones has authority. Councilor Hines voiced concerns about traffic. Mr. Jones did not perceive that the traffic generated by his business would be a significant traffic problem. Councilor Nottingham requested to see the lease. Mr. Jones reiterated his goal is to have everything on the Edwards site*for Christmas tree sales. Mr. Jones has considered doing Christmas tree sales in Edwards and Avon but, he is not sure of the viability. Councilor Nottingham informed that if Mr. Jones was buying this parcel, for a permanent site, she would have concerns as she does not want to develop another Metcalf Road kind of thing. Councilor :Hines echoed Councilor Nottingham's request to see the lease. Mr. Jones noted a copy of the current lease is on file with the town. That lease will be renewed and adding the portion of lot 1 that will be used for retail sales. Mr. Jones added he wants to make the site as attractive as possible, with flowers and shrubs but, not on a permanent basis. Councilor Yoder asked how many people did Mr. Jones used to get in Eagle-Vail. Mr. Jones noted he has more during Christmas than summertime. Mr. Jones estimated five to seven cars at one time . . . three to four was pretty average. Councilor Fawcett-asked what exactly did P & Z approve. Matzko stated they did look at this as two issues and they were focusing on the structure . . . the temporary green house. They felt it was important that that be screened and since that would end-as of October, 1996 then the need for that screening would go away. There is no structure involved for the storage of plant materials, so there is really nothing for them to screen. Councilor Fawcett asked so they did approve through October, '1997? Mr. Jones stated, for plant material. Matzko interjected P & Z recommended approval of this application as the ordinance is presented, with conditions. Councilor Hines noted this is a request for temporary use. Councilor Hines would like ;.o see more input from neighboring property owners such as Pizza Hut and the residents to the south west. Mr. Jones stated the neighboring property owners were notified via the public hearing process. Councilor Hines reiterated his concerns of traffic. Councilor Yoder interjected it is zoned for a hotel. Councilor Hines asked if there was an opportunity to access the property another way. Mountain Star is the access into the property. Councilor Hines asked about sanitation facilities. Mr. Jones responded a portable rest room will be located behind the office trailer, as was done during the Christmas tree sales. Councilor Fawcett motioned to approve on first reading, Ordinance No. 96-7 with the addition of Planning & Zoning Commission's recommendations 1 through 5 as shown in the memo dated April 4, 1996 to William James and the other 2 conditions that Staff is recommending. Councilor Yoder seconded the motion. Councilor Hines requested at least a draft of the actual copy of the lease, prior to second noted that should be available this week. Mayor Reynolds called for a roll call vote. The motion carried unanimously. the lease, if not reading. Mr. Jones 6 Mr. Jones asked if he could begin set up prior to second reading. Councilor Yoder stated that would be OK, with the understanding Mr. Jones would have to remove all if the Ordinance is not passed on second reading. Town Attorney Dunn noted if Mr. Jones, can make preparations which do not require an issuance of a permit, that would be reasonable. Town Manager James noted Mr. Jones has the right to store nursery materials on Lot 2 through July, 1996. Councilor Hines and Nottingham were uncomfortable allowing set up prior to approval of second reading. Councilor Fawcett stated no action will be taken, thus no precedent will be set . . . perhaps the existing PUD allows Mr. Jones the things he wants to do. Town Manager James stated if Mr. Jones goes over there and starts doing things that are not allowed, the Town will enforce it. Resolution: Resolution No. 96-8, Series of 1996, A RESOLUTION ADOPTING TRAFFIC CONTROL SCHEDULES PURSUANT TO SECTIONS 1101 AND 1102 OF THE MODEL TRAFFIC CODE Town Attorney Dunn recommended to table this Resolution until the next Council meeting. Councilor Yoder motioned to table Resolution No. 96-8, Series of 1996. Councilor Fawcett seconded the motion and the motion carried unanimously. New Business: Councilor Nottingham mentioned Public Service of Colorado has a tree planting project and thought the Town should get involved. Councilor Carnes mention Eagle Park Reservoir. The cut off of April 16 for the water district's position on the Eagle Park Reservoir is fast approaching. Councilor Carnes expressed concern of what the Council's position was towards the Eagle Park Reservoir . . . Council h?s asked that Glen Porsack and Gary Greer come before Council to discuss and it hasn't happened. Town Manager James stated Gary Greer did meet with Glen Porsack today. There needs to be an addendum and a clear understanding between all the participating districts and the Town of Avon of what is going to take place with Eagle Park Reservoir. And, there needs to be a service addendum written up that he has not written up and we have not received yet. Town Attorney Report: Town Attorney Dunn gave an update on the railroad abandonment. At last Council meeting, Council gave authorization to join in with Eagle County in expressing an intent to acquire some trackage of the railroad. That was done contingent upon Town Attorney Dunn receiving an assurance from Fritz Conn that there was no obligation on the Town by authorizing that assurance. There was also a concern, with respect to Rails to Trails, and whether that remained an option. Attorney Dunn received assurance from Fritz Conn that there is no obligation, what-so- ever, on the consortium of the County and the other municipalities in expressing that intent,to acquire. Fritz strongly recommended to the County that that expression of intent be conveyed because it is one sided. It places obligations on the railroad to negotiate and also to share all the information that the railroad has, which is relevant.' 7 Town Attorney Dunn continued, as far as Rails to Trails is concerned, that remains an option in the sense that if there is an acquisition, the consortium can step into the shoes of the railroad and would be able to do anything they wished, including starting the process over so that, while'it is somewhat more remote, that does remain an option. Mayor Report: Mayor Reynolds announced special cocktail party is legislators. For further call her. Other Business: the next CAST meeting is April 16. A scheduled at 5:30 to meet with state information, Councilor Yoder stated to Councilor Nottingham noted CML is coming to Vail in June and asked if there is anything the Town of Avon wants to look towards as far as hosting or inviting them down to the recreation center or their families or a party or a discounted visit or something like that? Council discussed flyers in registration,packets, discounts off recreation center passes, promoting Festival of Nations. Councilor Nottingham announced there is a CML meeting in Englewood on May 11 and in Glenwood on May 18 for newly elected officials. Councilor Nottingham stated the Eagle Valley Leadership Coalition is having a meeting on Thursday and the topic is housing. Consent Agenda: a.) Approval of the March 26, 1996 Counc b.) Resolution No. 96-9, Series of 1996, THE FINAL PLAT FOR TTTE RESUBDIVISION WILDRIDGE SUBDIVISION, TOWN OF AVON, c.) Special-Events Sound System d.) Air Compressor contract proposal for e.) Financial Matters it Meeting Minutes A RESOLUTION APPROVING OF LOT 81, BLOCK 4, EAGLE COUNTY, COLORADO Fire Department Councilor Yoder motioned to approve the Consent Agenda. Councilor Hines seconded the motion and the motion carried unanimously. Adjourn: 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 8:50PM. RESP TFULLY SUBMITTED: a Patty Neyha CMC Town Clerk 8