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TC Minutes 06-24-19970 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 24, 1997 - 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 Mayor Jack Fawcett at 5:42 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Dave Gilman, Buz Reynolds, Jr., and Mayor Protem Judy Yoder present. Councilor Bob McIlveen was absent. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Community Development Mike Matzko, Planner Karen Griffith, Planner George Harrison, and Administrative Assistant Jacquie Halburnt, as well as members of the press and public. Citizen Input: Request to overturn the denial of Real Estate Transfer Tax Exemption (Tiffany Truitt & Linda Guerrette) Mr. Peter Lord, real estate agent representing Ms. Truitt and Ms. Guerrette, explained what he thought to be the snafu; a fairly new Town of Avon employee sent the application, without the guidelines. Mr. Lord noted the application was given to the Town approximately ten days after the closing. Mr. Lord informed that the purchasers are entitled to the exemption under the Town's policy of residency. Further discussion followed on the application procedures. Director of Finance Scott Wright noted the forms will be changed. In bold, capital letters, the words "the approved application for exemption must be on hand or the funds must be escrowed" will be added. Finance Director Wright estimated the approval of 100 exemptions this year, with only three most recent concerns. Councilor Gilman motioned to approve the exemption. Councilor Benson seconded the motion. Council asked Finance Director Wright to research if the three concerns were from the same title company and suggested he contact that title company. Council's consensus was, if this was the same title company, this will be the last exception to the rule. The motion carried with Councilor Yoder opposed. Citizen Input: Bridgewater Terrace Noise Complaint Town Manager Bill Efting informed they did not show up. Ordinances: 0 • Second Reading of Ordinance No. 97-5, Series of 1997, AN ORDINANCE APPROVING THE COURT AT STONEBRIDGE, PUD AMENDMENT NO. 1, TRACT B, EAGLEBEND SUBDIVISION, FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO Planner George Harrison reviewed Ordinance No. 97-5. Planner Harrison stated the highlight, of the Ordinance, was the relocation of the building footprints - the five remaining un- built units at the Stonebridge Townhome project. Staff recommended Council table this Ordinance a couple of times due to lack of proper signatures on the application. Those details have now been cleaned up and the Ordinance is ready for Council's approval. Councilor Benson motioned to approve on second reading Ordinance No. 97-5, Series of 1997. Councilor Yoder seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 97-6, Series of 1997, AN ORDINANCE AMENDING THE CHAPEL SQUARE PUD, (ORDINANCE NO. 96-25), TO ALLOW INCREASED BUILDING HEIGHT AND INCREASE THE NUMBER OF COMPACT PARKING SPACES ON TRACTS A & B, LOT 22, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, LOCATED EAST OF BEAVER CREEK PLACE Councilor Buz Reynolds and Councilor Judy Yoder expressed a conflict of interest, stepped down from Council's bench, and left the Chamber prior to the Ordinance discussion. Planner Karen Griffith reviewed Ordinance No. 97-6. Planner Griffith stated the highlights, of the Ordinance, were to allow increased building heights and to allow an increase in the number of compact parking spaces. Councilor Benson announced he is interested in possibly renting space in the proposed development and requested Town Attorney John Dunn interpret the code. Attorney Dunn reviewed the code of ethics and felt Councilor Benson did not have a conflict of interest. An architect with OZ reviewed the project. Due to audio difficulties, unable to transcribe details of the review. Councilor Benson motioned to approve on first reading Ordinance No. 97-6, Series of 1997. Councilor Gilman seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried with Councilor Reynolds and Councilor Yoder abstaining. Resolutions: Resolution No. 97-37, Series of 1997, A RESOLUTION APPROVING THE PRELIMINARY PLAN, FINAL PLAT AND AGREEMENT FOR DEDICATION AND MAINTENANCE OF PUBLIC ROADWAY FOR CHAPEL SQUARE SUBDIVISION, A RESUBDIVISION OF LOT 22, BLOCK 2, BENCHMARK AT BEAVER CREEK AND TRACT B, COMMUNITY SHOPPING CENTER, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Fawcett announced this is a public hearing. 2 • • Councilor Buz Reynolds and Councilor Judy Yoder earlier expressed a conflict of interest, with regards to Ordinance No. 97-6 and Resolution 97-37, and remained outside the Chambers. Town Engineer Norm Wood reviewed Resolution No. 97-37. Town Engineer Wood informed the public roadway would be dedicated at the recording of final plat but, it would not become a public maintained roadway at that time. It would be part of the PUD, maintaining circulation for vehicles and pedestrians as well as some parking, until such time either the Town or the developer requests conversion and upgrade to a public road right of way. The upgrade would include changing the perpendicular parking to angle parking and adding a short section of road to tie it to the adjoining property to the East or the construction of a cul-de- sac. Mayor Fawcett asked for public comment. Mr. Peter Jamar, representing EMD, LTD, stated it is good to see the-public roadway is included within the plans for the development. Mr. Jamar stated the roadway is included in the Avon Transportation Plan and in the Avon Comprehensive Plan and reviewed such. Mr. Jamar asked, is this intended to be a public roadway?. Town Attorney Dunn stated yes. Mr. Jamar asked for a definition to what the "useable" portion of the road means. Town Attorney Dunn felt Mr. Jamar was reading too much into the word "useable". The only intent of the word "useable" - it could as easily say so as to be "part of" the Town's road system. Mr. Jamar asked about the width of the road. Mr. Jamar asked does the Town prefer to not have a through road in that location. Mayor Fawcett stated the document-speaks for itself - it could be a through road or a cul-de-sac. Engineer Wood reiterated Mayor Fawcett's statement of the two options. Engineer Wood stated the width of the road is in the preliminary plans, in the PUD - it calls for two 12' driving lanes. Engineer Wood stated there are sidewalks throughout the site and reviewed maps with Council and Mr.-Jamar. Mr. Jamar stated they have prepared a plan for their adjacent property to the east that is 100% in conformance with that provision'-of a connection in the Avon plans. Mr. Jamar asked why wouldn't the Town, at this point, as was required and requested previous to this evening's meeting, be providing for those connections in that location? Attorney Dunn believed the Town is. Mr. Jamar asked - on page three, under section 9 - it talks about, "not withstanding the use of the roadway as part of the Town's road system the area of the-roadway may continue to be used for angle parking and with the reduction of not-more than three parking spaces in accordance with the approved site plan submitted with the preliminary plat and with a'configuration to be approved by the Town's'Engineer the roadway may also-be used for landscaping and any other improvements or purposes permitted in such approved PUD plan" - once this,becomes a part of the town's road system, which areas of the roadway are going to continue to be used for other uses other than a roadway? Engineer Wood responded with review of the map. Mr. Bill Post, representing EMD, LTD, mentioned the sidewalk issue and reviewed at Council's bench with a map. Mr. Post asked, this is a dedicated public right of way to,the property line? Mr. Post understood that, for some reason or another, 20' off of-the property line there is curb and cutter that is built across the road and the last 20' is not finished. Mr. Post asked, this being a public -right of way, does the public, in your opinion, have the right to-come in and take-care of these improvements? Mr. Post asked, if it is dedicated public right of way, can we come in and pay to have those improvements done so that the road can be connected or is that going to be left to the discretion of the Town.Council whether that last 20' can be done? Mayor Fawcett felt the discretion lies with the Town Council and the developer. 3 Mr. Post asked if he has the discretion, mainly as they design their project, can they rely upon that as though that is a connection that the Town wants to connect to his property? Town Attorney Dunn understood the whole purpose of the agreement was to preserve the roadway for potential access to Mr. Post's property. Mr. Post asked is it a public right of way that the public, being Mr. Post included, are entitled to use, when the improvements are done? Town Attorney Dunn stated certainly if the roadway..is dedicated and accepted by the Town as a public roadway up to Mr'. Post's property, putting aside the 201, generally speaking Mr. Post would have the right of access at that-point. -Mr- Leo Palmos, developer of Chapel Square, informed his first ,plans did not include the access. Mr. Palmos changed his plans to accommodate the access. Mr.,Palmos added he met with Mr:, Jamar and informed that Mr. Jamar:stated he did not-need that" road there. Mr. Palmos expressed confusion - now Mr. Jamar is saying he wants-,the road. Mr. Palmos stated the road will be there and be dedicated. Mr. Palmos asked Mrs. Jamar to be fair- Town Attorney Dunn noted in the second line of paragraph 9, the phrase "the area of the roadway" really,doesn't quite make-sense. Town Attorney Dunn asked Council to change that'to "an area of the roadway". Councilor Gilman motioned to approve Resolution No. 97-37, Series of 1997, with the change in the agreement as testified by the Town Attorney. Councilor Benson seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 97-40, Series of 1997, A RESOLUTION APPROVING THE PRELIMINARY PLAN FOR A RESUBDIVISION OF TRACT B, LOTS 13, 14, 15, 16 AND 19, AND GARAGES F, G, H, AND I, EAGLEBEND SUBDIVISION,- FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Fawcett announced this is a public hearing. Town Engineer Wood reviewed the Resolution. Councilor Benson motioned of 1997. Councilor Gilman carried unanimously. Town Manager.Report: to approve Resolution No. 97-40, Series seconded the motion and the motion Town Manager Efting announced he will be at CML the rest of the week. Town Engineer Wood will be in charge Thursday and Friday and Assistant Town Manager Larry Brooks will be in charge Wednesday. All will have cellular phones and pagers. Other Business: Councilor Reynolds stated he would leave information with Town Clerk Lambert for all council members to review regarding the I- 70 Mountain Corridor Technological Fair. Consent Agenda: 4 pwrove'Q~- YM'k n~J es we r (12, Cot(ec.kc Qhs . 0 i a.) Approval of the June 10, 1997 Council Meeting Minutes b.) Approval of Quickbeam Contract for Salute to the USA c.) Approval of the 1996 Audit Report d.) Resolution No. 97-36, Series of 1997, A RESOLUTION AMENDING THE 1997 BUDGET e.) Resolution No. 97-38, Series of 1997, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 74, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO f.) Resolution No. 97-39, Series of 1997, A RESOLUTION APPROVING FINAL PLAT, LAKESIDE SUBDIVISION, A RESUBDIVISION OF LAKESIDE TERRACE TOWNHOMES, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO g.) Resolution No. 97-41, Series of 1997, A RESOLUTION APPROVING THE FINAL PLAT, FIRST SUPPLEMENT TO CONDOMINIUM MAP FOR CANYON RUN (BUILDING A), LOT 4, NOTTINGHAM STATION, PUD AMENDMENT NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO h.) Financial Matters Councilor Yoder motioned to approve the consent agenda. Councilor Benson 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 Benson moved to adjourn. The motion was seconded by Councilor Gilman. The meeting was adjourned by Mayor Fawcett at 7:00 PM. Patty Lamb Town Clerk APPROVED: Y SUBMITTED: , CMC 5