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TC Minutes 09-30-19970 0 MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 30, 1997 - 5:30 P.M. A special 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 Mayor Jack Fawcett at 5:34 PM. A roll call was taken with Councilors Richard Carnes, Bob' McIlveen, Buz Reynolds, Sr., Buz Reynolds, Jr., and Mayor Protem Judy Yoder present. Councilor Jim Benson was absent. Also. present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Patty Lambert,"Town Attorney John Dunn.,. Police Chief Gary'Thomas, Town Engineer Norm.Wood, Director-of Community,Development Mike Matzko, and Administrative Assistant Jacquie Halburnt, as well as members of the press and public. Citizen Input: Dr. Doug Bryant / Recreation Center fees Dr. Bryant requested Council review the Avon resident versus Avon property owner recreation center fees. Dr. Bryant felt a property owner should receive the same discount as a resident. Council's consensus was to review this at a future work session. Ordinances: Second Reading of Ordinance No. 97-11,.Series of 1997, AN ORDINANCE AMENDING TITLE 8 OF THE MUNICIPAL CODE OF THE TOWN OF AVON; DECLARING ODOR POLLUTION TO BE A PUBLIC NUISANCE; PROVIDING REGULATIONS WITH RESPECT THERETO; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Mayor Fawcett announced this is a public hearing. Town Attorney John Dunn stated this Ordinance is before Council on second reading and for public hearing. There is a blank--on page two of the Ordinance in.8.31.030 (a) (1) and the recommendation of staff is that the number 5 be inserted in the blank. The Greeley Ordinance was 7 and this will be a somewhat more restrictive Ordinance. The other requested changes have been made to the Ordinance. Mr. Larry Gardner, owner of a Sunridge Phase II unit, stated he has been putting up with the smell for over a year. Mr. Gardner supported any efforts of Council to get this thing over with quickly. -Mr'. Gardner added he is tired of.calling Eagle River and informing them it smells again; they say thank you and hang up. So many nights Mr. Gardner has gone to sleep, this summer, and he can't open his windows because of the smell. Mr. Gardner stated he is pretty frustrated with the whole deal and wants to' flip everybody the bird that drives one of those red trucks. Mr. Gardner noted he doesn't do that but,-he is really frustrated. Mr. Gardner added it is a great day when'you don't smell it. Mayor Fawcett asked Mr. Gardner to call the town when he smells the odor. Mr. Gardner noted it tends to be worse when the weather is inclement. Mr. Joe Hepler, owner at Sunridge Phase I and a boardmember, informed the'odor is a lot worse at night than during the'day. Mr. Hepler stated he has made num_erous'phone calls to Upper Eagle River as well as the State Board of Health. • Mr. Hepler added the Sunridge Board met with the water and sanitation district back in the spring and were informed at that time everything would be taken care of. Prior to that, around September, the district asked permission to go across Sunridge property to lay down water lines and what-not to expedite the whole thing. Mr. Hepler was told at that time everything would be taken care of. Mr. Hepler noted it has not gone away. Mr. Hepler informed they've had problems with tenants requesting to cancel leases. Mr. Hepler stated he knows of at least two people that were trying to sell their units that were turned down by respective buyers because the odor was so bad. Mr. Hepler felt it is a financial problem to all residents of Sunridge. Mr. Hepler asked for something, with some teeth in it, to get something accomplished. Hearing no further public input, Mayor Fawcett asked if Council would like to take some action. Councilor Yoder motioned to approve, on second reading, ordinance No. 97-11, Series of 1997, with the addition on page two under 8.31.030 (1) in the blank we add number 5. Councilor Reynolds, Sr. seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 97-10, Series of 1997, AN ORDINANCE AMENDING TITLE 5 OF THE TOWN OF AVON MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF PAWNBROKERS Town Attorney Dunn reviewed Ordinance No. 97-10. This ordinance is very similar to the City of Lakewood's ordinance. It is somewhat less restrictive than the Lakewood ordinance in so far as the financial information that is open to inspection. The purpose of the ordinance is to provide regulation of the pawnbrokering business and to require reporting of pawnbrokering transactions to the Police Department. It has some similarity to liquor licensing; an application must be filed, the applicant must be demonstrated to be of good character, annual renewal of the license is required, and any offenses will be dealt with similarly as problems are dealt with from the liquor licensing procedure. Councilor Reynolds, Sr. motioned to approve, on first reading, Ordinance No. 97-10, Series of 1997. Councilor Reynolds, Jr. seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Resolutions Resolution No. 97-49, Series of 1997, A RESOLUTION APPROVING THE PRELIMINARY AND FINAL CONDOMINIUM MAP FOR WESTGATE, A RESUBDIVISION OF LOT 3, BLOCK 3, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Fawcett announced this is a public hearing. Town Engineer Norm Wood stated this Resolution regards the existing Westgate Building, which is next to Sunridge. This is being proposed as a commercial condominium project. 2 0 • Mayor Fawcett asked for public comments. Hearing none, Mayor Fawcett asked Council to take action. Councilor Reynolds, Jr. motioned to approve Resolution No. 97-49, Series of 1997. Councilor McIlveen seconded the motion and the motion carried unanimously. New Business Appeal of P & Z - Lot.9,•Block 3, Benchmark at Beaver Creek Sunridge Condominiums Phase I - Storage Shed Mr. Darryl Cooter, manager of Sunridge Association, stated Mr. Jeff Stephens is legal counsel for the Association-and is unable to attend this evening. Mr. Cooter will be filling,.in for Mr. Stephens. Mr. Cooter informed the Association approached the Design Review Board on July 1, 1997 to seek approval ,.for a storage shed that they had'already placed in the west. lot of the Sunridge Phase I complex. At that time;-the Association-supplied P & Z with pictures of the situation and their views of the practicality of it; being close to the manager's office, being in the parking lot made it easily assessable, security, etc. With great discussion, the Association listened to the concerns of P & Z. Staff's biggest concern was parking. Because the shed is sitting on 1 1/2 parking spaces, technically taking up two spaces, Staff felt that parking was an issue. The Association does not think parking is an issue. Staff's comment was that the Association was not up to parking code, with the shed taking up the two spots. Mr. Cooter was under the impression that the Association had 348 spaces, the town advised the Association had 333. The Staff informed they need 330 to meet code and-10 guests; this is new code, by the way. Mr. Cooter questioned what it was in 1978/79 when Sunridge was built. The next concern was aesthetics; they felt the colors of the shed and the incorporation into the landscaping, etc. was not acceptable. The shed was painted and trimmed with the-same colors'as the buildings. Mr. Cooter noted P & Z did not vote unanimously to deny; there were some favorable comments. Mr. Cooter distributed pictures, to Council, of the shed and included pictures of other sheds in the area. At the end of the P & Z meeting, the P & Z voted to table the issue until the Association could meet with the town staff to come up with a better location and/or somehow incorporate the landscaping into it. Mr. Cooter informed the Association was very receptive to this but, the Association has a big capitol improvement plan going on. Mr. Cooter displayed drawings of the proposed improvements.- The Association wanted to incorporate the shed with the new dumpster enclosures. That was going to be done at the same time as the capitol improvement. The capitol improvement is in the design stages and the approval stages from the Association membership. At the annual meeting on December 6th, this project will be voted upon. If the project doesn't get approved, Mr. Cooter told the Staff, the-Association would be glad to work with them on re-landscaping and moving the shed. 'Mr. Cooter requested, in a letter dated August 11, 1997, Staff give the Association some extra time until the Association can vote on the capitol improvement. Mr. Cooter reviewed the pictures. Mr. Cooter received a letter from the town, since the Association did not respond with alternatives to a new location, requesting the Association remove the shed by September 28th. The Association thought it a waste of time to move it temporarily with all the expenses involved, etc. Mr. Cooter stated they are here today appealing this decision with the fact that the Association would just like to work with the town. The Association would like to use this shed as it has snowblowers and other yard equipment that is needed for the Association. 3 • • Mr. Joe Hepler, resident manager and homeowner of Sunridge, commented that the complex is too big_without,,having some kind of a collection of all of the, tools needed. - Mr' . • -Hepler„,stated,, before the shed, the tools were in various-closets,and. build ngs and was a hassle. Also, they seemed to get feet and either be lost or stolen. They did look around town and thought about, building a storage shed but, with the major vote that is- 'coming-in December that became a problem to invest-a' lot.of time and money into a shed that may not fit the architectural plans coming up. The Association has a long range plan-but,,it hasn't been executed because it takes a vote of all the homeowners and,that won't be until December. Based upon that, the Association will have several options. If the capitol improvement is approved then they will come back with a major scheme o,f things and the storage shed will be incorporated into that. If the capitol improvement is not approved, then they would be more than willing to work with the Staff on options of placement-,'and landscaping of_ the shed. Mr. Hepler felt they were being pushed into a corner. Ms. Janie Riders, a boardmember, pointed out there are other .sheds in the town that aren't as attractive as the shed Sunridge has put up. Councilor Reynolds, Sr. believed this situation to-be.going on for five to six months-and felt the town just asked Sunridge to do what was right. If this was done right in the first place-, by coming before P & Z and asking for application and getting approval, there would not have been a problem . . . whether they would have approved it or not. In all fairness to the town, Councilor Reynolds felt the town had been working with the Association a lot. Mr. Cooter agreed it has been a long time'and admitted it was their fault. They were under the understanding you did not need a building permit for this. And, it was their fault for not coming to P.& Z for approval. As far as the town not working with the Association, Mr. Cooter felt they had been talking to them and talking to Karen Griffith over the span of this three, four, five months. Mr. Cooter added they have walked the property and tried to figure out the other two possibilities that he and Karen have talked about. The Association is so involved with the capitol improvement project, that moving the shed now and spending the money to do that just seemed like it wasn't a good idea. Mr. Cooter reiterated that his August 11th letter to the town was a plea to the town asking for time. Councilor Reynolds, Sr. noted that even•if the Association approves the capitol improvement on December 6th,.it.will be a long time before . . . Mr. Cooter interrupted and stated it will be spring. Councilor Reynolds, Sr. thought they over stepped there bounds by not going to P & Z. Councilor Reynolds, Jr. declared that two of the pictures of other sheds that Mr. Cooter distributed are not in the town, they are in the Beaver Creek parking lots. Community Development Director Mike Matzko stated it seems pretty straight forward. The time frame is really unusual. Typically we are able to resolve these things pretty quickly. Staff has not gotten the sense that there was a willingness to do much of anything. Staff tried every avenue possible to allow this to go on and to be able to enforce these regulations for others Staff had to take some action here. Matzko thought from Staff's perspective the due process or the lack thereof may be . . . we saw our involvement a little bit more actively on this trying to help out. Matzko stated Staff went beyond what they are empowered to do. Staff worked hard with this applicant. They met on the site and looked for solutions. We could have taken a hard nose approach and didn't. Maybe that was a mistake. 4 • • Matzko continued, fact.is, Staff hasn't gotten the cooperation and on December they are going to have a meeting . . . they may or may not decide to do this but, everybody else in the town that we are having similar discussions with are going to say how come they get to do that and we don't. Councilor Carnes asked if there were any other problems with storage sheds in town right now. Matzko stated there are a few. This is an unusual case that we have spent this much time and effort trying.to get cooperation. Councilor Carnes asked how much of this boils down to schematics of procedure as opposed to the shed'itself,'having two parking spaces for at least the next nine months. Matzko responded a gentleman earlier said that that was the primary issue; it really wasn't. It was a combination of things; the parking spaces that it was covering is one part of it., The fact is it is not sited in a place that you would normally do that. It does block some access, some parking. It does interfere with circulation to a certain extent. There are a number of issues there, it is not just the .parking. If that was the only issue, we would certainly work with them on'that one. Councilor Carnes asked if the issue was setting precedence. Matzko confirmed precedence is also part of that. The fact is there have been quite a few improvements to that project since 1982. Sunridge has come along ways. It is really a much better looking project that it ever has and this seemed like a step backwards. Councilor Reynolds, Jr. asked if there is any site that would fit this shed or is the•shed'just -incompatible with the project. Matzko responded the'shed could be brought up to'. the few changes that need to be made to the shed-aren't all that difficult and yes, staff believes there are appropriate sites other than where it is now . . . other than-in the-middle of _the parking lot. Councilor Carnes asked if there are places they could move it to if Council were to uphold the P & Z decision tonight. Matzko stated that is staff's.op.inion. Councilor, Carnes stated that would be their only'optio'n:' Matzko--agreed. Councilor Reynolds, Jr. added they could take it down. Matzko agreed. Councilor Yoder asked if Council upholds P & Z's decision, do they need to go back,to P & Z to move the shed. Matzko stated staff will do their level best to work with them at a staff level if we could do that to make it'happen. Matzko sensed that P & Z would support moving the shed. Mayor Fawcett asked Mr. Cooter if he had presented Council with anything not previously presented to P & Z. Mr. Cooter stated P & Z had not seen the drawings of the capitol improvement project. They knew of the project but, had not seen.the drawings. Mr., Cooter informed that Sunridge's parking lot used to be un- striped and there were approximately 350 places. When the parking lot was re-striped, about two years ago, the spaces were made a little-bit bigger. That's where now we have 333. If the parking lot were to be resealed and re-striped, there could easily be 350 spaces. Therefore, parking should not really be the issue. Mr. Cooter noted they would really like to incorporate the shed with the dumpster. The two locations that were looked at with Karen Griffith, one was between A & B buildings and other was on the far east side next to the E building next to the water treatment plant. Those locations would require a pad, taking out a portion of the bike bath, extending it to the parking lot, and taking out a space anyway. The Association felt it was an undue expense to go through this step now. Councilor Reynolds, Jr. asked Mr. Cooter when they plan on bringing the capitol improvement project to P & Z. Mr. Cooter stated it has to pass the Association membership first, at a December 6th vote. Councilor Reynolds, Sr. asked, when the parking spaces were reduced, did that go through P & Z. Mr. Cooter stated no. The question was what was the original design; it was just open, there were no stripes. The striping was striped according to what is required; 91. 5 • i Mr. Cooter reiterated the usefulness of the storage shed. This shed was a good viable solution until the Association could incorporate something more grandeur into the plan of Sunridge, Phase I. Councilor Carnes asked if the shed could be moved temporarily without having to build a pad. Mr. Cooter stated no, the only two solutions Karen Griffith liked was back in the landscaping. Councilor Yoder stated there were four criteria that P & Z used to deny this. It does seem like it is a little broader than what has been discussed. Councilor Yoder felt that P & Z has really worked with them and "felt they could still work with staff. Councilor Yoder did not want to set precedence., Mr. Cooter reiterated they are trying to wait until the December 6th vote and again asked for leniency. Councilor Carnes thought there should be something the town could do just to do something about a storage shed. It is just a - little shed and what they are trying to do in the'long run to improve the site as a whole should be considered. There should be some sort of compromise. Councilor Carneslasked'if the P & Z decision is upheld, how long do they have to remove the shed. Matzko stated at a minimum, two we&ks. The key is they are making an effort to do it. Councilor Reynolds, Sr. motioned to uphold'Planning"& Zoning Commission's decision to deny the storage shed application. Councilor Yoder seconded the motion. The motion carried with Councilor Carnes opposed. Town Manager Report: Town Manager Bill Eft"ing reminded-'everyone'that next week_ is the. Budget'Work Sessions on Thursday and Friday'. There,-wil'l not be a work session next Tuesday. Town'Clerk Patty Lambert added the budget work sessions will be held in Beaver Creek at Saddleridge. The sessions will be posted and are open to the public. . Mayor Report: Mayor Fawcett noted that recently there has been some confusion about the Town of Avon's amendment'or ballot issue which the town has proposed to place on the ballot for a vote by all the . residents in November. Mayor Fawcett stated the confusion is that it has been reported in the press that if the public-passes that particular ballot issue, that the town council will.then be able to increase taxes; specifically' real property taxes. Mayor Fawcett stated that this ballot issue has nothing to do with increasing real property taxes or the mill rate. Mayor Fawcett asked Town Attorney John Dunn to elaborate on what the issue does or what it is intended to do. Town Attorney Dunn reviewed the ballot issue. Consent Agenda: a.) Approval of the September 9, 1997 Council Meeting Minutes b.) Resolution No. 91-48,'Series of 1997, A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE COUNTY TREASURER 6 i i c.) Resolution No. 97-50, Series of 1997, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 55, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO d.) Resolution No. 97-51, Series of 1997, A RESOLUTION APPROVING REPLAT NO. 2, FINAL PLAT, AMENDING TRACT B, LOTS 13, 14, 15, 16, 19 AND GARAGES F, G, H, AND I, EAGLEBEND SUBDIVISION, FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO e.) Resolution No. 97-52, Series of 1997, A RESOLUTION APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION P.U.D., AMENDMENT NO. 2 AND ESTABLISHING WARRANTY PERIOD FOR SAID IMPROVEMENTS f.) Approval of Banquet Prospectus with the Hyatt at Beaver Creek for the Town of Avon 1997 Employee Holiday Party g.) Financial Matters Councilor Yoder motioned to approve the consent agenda. Councilor Reynolds, Sr. seconded the motion and the motion carried unanimously. There being no further business to come before Council, Mayor Fawcett called for a motion to adjourn. Councilor Reynolds, Jr. moved to adjourn. The motion was seconded by Councilor McIlveen. The meeting was adjourned by Mayor Fawcett at 6:43 PM. RES CTFULLY SUBMITTED: -P atty Lamber CMC Town Clerk 7