Loading...
TC Minutes 04-23-1996MINUTES OF 'THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 23, 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 5:31PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, Torn Hines, and Judy Yoder present. Councilor Celeste C. Nottingham was absent. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Police Chief Gary Thomas, Director of Municipal Services Larry Brooks, Director of Community Development Mike Matzko, and Planner Karen Griffith, as well as members of the press and public. Citizen Input: Leash Law Concern / Mike Corral Mr. Mike Corral, a resident of the Town.of Avon since 1989, stated he received a call from Community Services Officer Mr. Steve Hodges, regarding a complaint of Mr. Corral's dog being off leash. Mr. Corral informed he was playing Frisbee with his dog, in the street, in front of his house, when Councilor Yoder complained to Mr. Hodges that the dog was off leash. Mr. Corral asked Council to see what the process is to get open space and drainage areas opened up to take a dog off lead to get exercise and / or training. Council discussed the leash law . . . what constitutes control - leash control, voice control, wildlife issues, and safety. Community Services Officer Hodges noted that the Wildridge covenants discourage the ownership of dogs in Wildridge due to wildlife concerns. A leash free zone should be somewhere out of a wildlife area, a fenced area, and a volunteer organization to take care of the area. Mayor Reynolds, Councilor Hines, and Councilor Carnes complimented Community Services Officer Hodges on doing a very good job. More discussion followed on the leash law. Councilor Fawcett invited Mr. Corral to exercise his dog on Councilor Fawcett's Wildridge property. Mayor Reynolds added he takes his dogs down valley to a friend's ranch to exercise. Councilor Benson suggested contacting owners' of open lots to see if they would let Mr. Corral exercise his dog on their private property. Mr. Corral stated he is going to continue business as usual because his dog is not out loose attacking garbage cans. The only time the dog is outside is when Mr. Corral is with it. Mr. Corral noted if he incurs problems, Council will see him again. Mr. Corral added he will continue to walk his dog out on Beaver Creek Point, like everybody else does. Mr. Corral stated hopefully he can get some good neighborship going and thought there just needs to be a little bit more tolerance in the world. Mr. Jack Hunn, a 12 year resident of the Wildridge subdivision, spoke in favor of the leash law and mentioned the Wildridge covenants. Mr. Hunn asked Council to step up the enforcement of the leash law. Ms. Sue Fontanese, resident of Wildridge, spoke in favor of the leash law. Ms. Fontanese echoed.Mr. Hunn's request to step up enforcement of the leash law. Community Services Officer Hodges explained offensives and fines. Mayor Reynolds announced that presently, it remains the same. Mr. Corral asked if Council would reconsider, if there was a substantial petition drive to allow dogs off lead for training purposes. Mayor Reynolds responded Mr. Corral is entitled to come before Council with a petition at any time. Citizen Input: Eagle Valley's Centralized Vehicle for Community Health & Service Giving / Ry Southard Mr. Southard discussed Eagle County's grass-roots effort to develop a United Way. Mr. Southard asked Council for public support and to appoint a representative to be part of the planning. Councilors Fawcett and Yoder expressed support and thought United Way is a great idea. Councilor Carnes thought United Way was a great idea as they focus just on health and human "services. Councilor Hines thought it not necessary to appoint a member of Council. Councilor Hines thought a member of Council might volunteer, plus any member of Council might attend their meetings. Councilor Hines asked. about seed money. Mr. Southard stated there is a possibility seed money will be requested, but not at this time. Ordinances: Second 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 st'n~'.-.Pd this Ordinance re-adopts the current edition of the model traffic code. The Ordinance includes provisions of the Town's ordinances which should not have been repealed the first time the model traffic code was adopted. Councilor Hines motioned to approve, on second reading, Ordinance No. 96-6, Series of 1996. Councilor Fawcett seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: Second 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 Mayor Reynolds announced this is a public hearing. 2 Town Planner Karen Griffith informed the request is to amend the PUD to allow a temporary garden center on Lot 1 through October, 1996 and to allow thE' storage of nursery materials through October, 1997. Currently, the applicant has approval to have the storage of nursery materials through October, 1996. Staff originally recommendEd denial based on concerns that it was not in compliance with the comprehensive plan, because the site location is at a key entrance to the Town and concerns of a temporary business. The Planning & Zoning Commission (P & Z) held a public hearing and recommended approval. Their finding was temporary landscaping could be installed to address the aesthetic concerns. P & Z recommended approval with five conditions. The Ordinance tonight has been amended to reflect the concerns of Council at first reading.. The Ordinance now has seven conditions of approval. Planner Griffith read all seven conditions. Mayor Reynolds asked about water rights. Planner Griffith stated that has not been reviewed with the applicant. Planner Griffith understood that if the water rights are a problem, the applicant has mentioned he is able to truck in water. Councilor Carnes asked if all seven conditions have been met. Planner Griffith informed the applicant has not amended the plan to address these. They could easily be done. Some of them are conditions to be done during the operation. Discussions focused on the work that has occurred already on the property. Planner Griffith added a stop work order was issued. Work has ceased and follow up action has not been determined. No other work has proceeded except the storage of plant materials. Mayor Reynolds voiced concern about the vehicles being stored on the property. Mr. Jones stated the landscape trucks are on the property, as well as some flat bed trailers and an office trailer. Mr. Jones thought the truck storage is not clearly defined in the uses. Mr. Jones' intent was to be open in Edwards and the vehicles would have been there in March. As he progresses on the site in Edwards, Mr. Jones will be moving the vehicles there. Mr. Jones talked with Mr. Jen Wright, as he was concerned with the vehicles. Mr. Jones will move the vehicles down valley as soon as he -an. Mr. Jones hopes to be open in November in Edwards. Councilor Hines mentioned traffic. Councilor Hines asked how many vehicles Mr. Jones has for his business. Mr. Jones stated four pickups and a water truck, a backhoe and a skid steer. Mr. Jones noted he may have eight, possibly ten employees come in, park, and take the company vehicles. Mr. Jones thought the vehicles were less obtrusive if they were back on Lot 2. Discussion centered on storage of vehicles. Councilor Yoder thought if Council was going to allow the storage of vehicles on Lot 2 then the Ordinance should be written accordingly. Planner Griffith thought, with regard to Lot 1 use, the vehicles could be consider accessory to that use, as a garden center. Planner Griffith thought, with regard to Lot 2, the Ordinance really wasn't written to authorize the storage of vehicles. As written, it is for storage of nursery stock and Planner Griffith didn't really see storage of vehicles as accessory to the storage of nursery stock. Councilor Fawcett asked what will happen to those vehicles in October, 1996. Mr. Jones stated currently his plan is to move the entire operation to Edwards. Councilor Fawcett asked about the storage of nursery stock through October, 1997. Mr. Jones noted he has a limited capacity as he has only one acre in Edwards. 3 Mr. Jones continued_ he is currently looking for another site where he can permanently store larger quantities of trees and that is the reason for the request to extend until October, 1997. Mr. Jones reiterated, the trucks and vehicles will go to Edwards and he will take as much as will fit on the site. Councilor Fawcett suggested, with Mr. Jones' unsurities and Council's unsurity of how it is going to look, leaving the seasonal garden center through October, 1996 and storage of plant materials only until October, 1996. Then see how it looks. Mr. Jones can come before P & Z and Council, at that time, if he needs future relief. Councilor Hines interjected there is no current lease. Mr. Jones noted the lease corresponds with the request of the PUD. Mr. Jones added he is waiting for the lease from Mr. Tang. Discussions centered on both uses expiring at the end of October, 1996. Councilor Hines motioned to approve on second reading 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, with the following amendment, the storage of trees and nursery stock through October of 1996 on Lot 2, Wildwood Resort, Town of Avon, Eagle County, Colorado and that all dates therein, within the Ordinance comply with the title of the'Ordinance. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote'. The motion carried unanimously. 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 Councilor Hines motioned to approve Resolution No. 96-8, Series of 1996. Councilor Benson seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds announced that he, as well as Town Manager-Bill James, has been appointed to the Organizing Committee for the 1999 World Championships. Mayor Reynolds noted a couple of Council members wanted to know if the Council was going to be represented and Mayor Reynolds added Council is represented. Mayor Reynolds announced he received an invitation to the second annual Bobfest in Oregon in July. Other Business: Councilor Hines gave an update on the County's public hearing on the airport issue - the building of a second terminal. Mayor Reynolds announced the newly appointed Planning & Zoning Commissioners are Andrew A. Karow, Suzanne Railton, and Michael J. Schneider. 4 Councilor Carnes informed the Marketing,Board will be coming before Council with a report within the next six weeks. Councilor Hines noted the Transportation Committee will be coming before Council the first meeting in May to present their quarterly report. Consent Agenda: a.) Approval of the April 9, 1996 Council Meeting Minutes b.) Resolution No. 96-10, Series of 1996, A RESOLUTION SUPPORTING THE REVISED 208 WATER QUALITY MANAGEMENT PLAN AS PREPARED BY NWCCOG AND ADOPTING THE EAGLE RIVER WATER QUALITY MANAGEMENT PLAN PORTION OF THE 208 PLAN AS A GUIDELINE FOR DEVELOPMENT WITHIN THE TOWN OF AVON c.) Commercial Credit Card Account Agreement d.) Eagle Valley Temps, Inc. Contract for Community Development e.) Street Use-Permit Between Town of Avon & Colorado Mountain Express f.) Annual Audit Contract with Van Schooneveld & Co., Inc. g-) Winston & Associates master planning for Lot 16 & Wildridge Tract D park sites h.) Restructuring Personnel in Recreation Center i.) Alteration - Bridge over Lazy River in Recreation Center j.) Financial Matters k.) Expanded Summer Bus Service Councilor Benson motioned to approve the Consent Agenda. Councilor Yoder seconded the motion. The motion carried with Councilor Carnes opposed. 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 Benson. The meeting was adjourned by Mayor Reynolds at 7:14PM. Y SUBMITTED: Patty Neyh Town Clerk APPROVED: ,E.Z'YYZ 5