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TC Minutes 10-08-19960"4 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 8, 1996 - 5:30 P.M. A regular meeting of the 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 Mayo.,.-,Albert J. Reynolds at 5:31 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, Tom Hines, and Judy Yoder present. Also present were Acting Town Manager Larry Brooks., Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Administrative Assistant Jacquie Halburnt, and Director of Community Development Mike Matzko, as well as members of the press and public. Citizen Input: Appeal of Driveway Decision / Dantas Builders, Inc. Dave and Mike Dantas presented their appeal of the driveway decision, with support of maps and pictures. Their presentation was made at Council's bench. Transcription is not available due to too many people speaking at one time and no one speaking directly into a microphone. Town Engineer Norm Wood stated there is an approved plan that was submitted in July, that had the radius on the north side as well as the south side. Staff felt that it addressed all the safety issues. The revised plan cuts off the one radius and puts a bull noise on it, leaving it wide open and does not provide the safety features of the approved plan. Staff recommends staying with the approved plan. Mr. Dantas felt he did not receive clear direction from the Town: Mr. Dantas exampled another drop off in Wildridge and his proposal is less of a drop off. Discussions followed on the safety issues of the approved plan versus the revised plan. Councilor Fawcett motioned to deny the appeal of Dantas Builders, Inc. Councilor Yoder seconded the motion. The motion failed with Councilors Benson, Carnes, and Hines opposed. Councilor Hines motioned to uphold the appeal of Lot 65, Block 3, Wildridge with the,20' radius to the - per the revised plan - Norm is that correct does the revised plan show just an end cap - is there anything on paper that shows a 20' on the south side of the driveway with an end cap on the north side? The revised plan that was received in Community Development on September 6th. Councilor Benson seconded the motion. The motion carried with Councilors Yoder and Fawcett opposed. Citizen Input: Mr. Michael Corral informed Council he has been sited into Municipal Court, by the Community Development Department, for operating a home based business and for having a sign in his window. He is a log home distributor and has an office in his home. Mr. Corral felt he is not the only one doing business in his home and thought Council should revisit the definition of a home business. '4k; 4% Town Attorney John Dunn understood the complaint has been filed in municipal court and thought the matter should get resolved in municipal court. Mr. Corral, after any appeal he may wish, may then come back to the Council to amend the Ordinance if the result is inequitable. Councilor Fawcett requested Mr. Corral to come back before Council, should he be found guilty of the infraction. Councilor Fawcett thought the court may find that this type of business is exempted and we may not have an issued at all. Mr. Corral wanted to bring this to the attention of Council. Citizen Input: Celeste C. Nottingham, Avon property owner, addressed the issue of compensation for the Avon Council. Ms. Nottingham compared the volunteer work of the Council with the volunteer work of the non-profit organizations. Ms. Nottingham asked Council to share the wealth with the non-profits. Councilor Hines reminded of the time it takes to be an effective leader and thought the issue of donations is a completely separate issue. Councilor Carnes mentioned compensation for council'has not been touched in sixteen years - this is a minimal raise. Citizen Input: Ms. Jill Kovacevich, representing the Coalition, inquired as to the status Transportation issue. Mayor Reynolds participate this year. Eagle Valley Leadership of the Regional informed the Town will Ordinances: Second Reading of Ordinance No. 96-16, Series of 1996, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL,OF LAND LOCATED IN THE NW 1/4 SE 1/4, SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO DESCRIBED 'ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND PROVIDING FOR PLANNED UNIT DEVELOPMENT ZONING Second Reading of Ordinance No. 96-17, Series of 1996, AN ORDINANCE APPROVING A PUD DEVELOPMENT PLAN FOR CHATEAU ST. CLAIRE ANNEXATION, TOWN OF AVON, EAGLE COUNTY, COLORADO, LOCATED SOUTH OF HIGHWAYS 6 AND.24 AND EAST OF AVON ROAD Resolution No. 96-41, Series of 1996, A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAT FOR CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Town Attorney Dunn informed the applicant has requested that the Council table Ordinance No. 96-16 until the next meeting of the Council, as well as Ordinance No. 96-17, and Resolution No. 96- 41. They did not close on the property. Councilor Hines motioned to table second reading of Ordinance No. 96-16, second reading of Ordinance No. 96-17, and Resolution No. 96-41. Councilor Yoder seconded the motion. The motion carried unanimously. 2 Ordinances: 4~~A~ Second Reading of Ordinance No. 96-18, Series of 1996, AN ORDINANCE AMENDING CHAPTER 2.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO COMPENSATION OF MEMBERS OF THE COUNCIL Mayor Reynolds announced this is a public hearing. Town Attorney Dunn stated there were no changes from first reading. Councilor Yoder motioned to adopt Ordinance No. 96-18, Series of 1996, on second reading. Councilor Fawcett seconded the motion. The motion carried with Councilor Benson opposed. Ordinances: First Reading of Ordinance No. 96-19, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PU_D DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN CENTER THROUGH APRIL OF 1997 AND THE STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Karen Griffith reviewed the Ordinance. Issues mentioned were Mountain Star,is in opposition to this extension, the applicant was not present, a water issue that resulted in a fine in municipal court, Staff has not seen the lease, the timing of the requested extension with regard to the expiration date, and the cleanliness of lot 2, the back lot. Councilor Carnes motioned to table first 96-19, Series of 1996. Councilor Hines the motion carried unanimously. Resolutions: reading of Ordinance No. seconded the motion and Resolution No. 96-43, Series of 1996, A RESOLUTION APPROVING THE PRELIMINARY CONDOMINIUM PLAN FOR LOT 24, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Community Development Director Mike Matzko stated Lot 24, Block 2 is the Avon Plaza project. This resolution will divide up the commercial buildings into condominiums. They are proceeding with their original approved plans. Councilor Benson abstained from discussion and voting. Councilor Yoder motioned to approve Resolution of 1996. Councilor Fawcett seconded the motion carried with Councilor Benson abstaining. No. 96-43, Series and the motion 3 ::Ai, New Business: Dust in Wildridge at proposed pocket park. lov- Councilor Fawcett noted he has received three complaints recently about the area in Wildridge where we were planning a pocket park and it relates to the land-fill that the Town has been,dumping there. The complaint is it has never been watered down or is not watered down regularly and-the dust is blowing into all these windows and on to their homes. Councilor Carnes stated he has had three people in the last couple of weeks say something to him, too. Councilor Yoder concurred, as well as Councilor Benson. Acting.Town Manager Larry Brooks suggested he will get the crew to grade it out, seed it in and water it, by the end of next week. New Business: a.) Agreement - Eagle Park Reservoir b.) 5th Addendum to Water Service Agreement Councilor Benson motioned to well as the 5th Addendum to Councilor Yoder seconded the unanimously. table the Eagle Park Reservoir, as the Water Service Agreement. motion the motion carried Mayor Report: Mayor Reynolds stated he has been contacting different entities in the community seeking support for our roundabouts and has been very successful. Mayor Reynolds didn't have any financial figures, as they have to go to their various councils and boards however, they will let us know in the very near future." Other Business: Councilor Hines gave an update on Regional Transportation Authority. Both, Town of Avon and Town of Vail contracts, were approved last Thursday, with additional service hours included. Councilor Hines gave an update on the Berry Creek 5th issue. There was some discussion as to the placement of the road. That was left status quo - in the center of the property. The other issue was whether housing was an intended use on the property and that question is still outstanding. Consent Agenda: a.) Approval of the September 24, 1996 Council Meeting Minutes b.) Metcalf U-Stor It / Lease Agreements'/ Public Works Shops c.) Release of Escrow for Recreation Center Project d.) Recreation Center Advertising Contracts with KVBA TV8 e.) Beaver Creek Resort Company Transportation Contract f.) Alpine Bank Corporate Authorization Resolution g.) Acceptance of 1997 Proposed Budget h.) Financial Matters Councilor Fawcett motioned to approve the Consent Agenda. Councilor Benson seconded the motion and the motion carried unanimously. 4 Adjourn: There being no further business to come before Council, Mayor Reynolds called for 'a motion to adjourn. Councilor Benson moved to adjourn. The motion was seconded by Councilor Yoder_ The meeting was adjourned by Mayor Reynolds at 6:44 PM. LY SUBMITTED: Patty Lambert CMC Town Clerk 5