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TC Minutes 05-26-1998• MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 26, 1998 = 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 5:35 PM. A roll call was taken with Councilors Richard Carnes, Bob McIlveen, Buz Reynolds, Sr., Buz Reynolds, Jr., and Mayor Pro-tem Judy Yoder present. Councilor Jim Benson was absent. Also present were Town Manager Bill Efting, Town Attorney John Dunn, Assistant Town Manager-Larry Brooks,.Town Clerk Kris Nash, Town Planner Karen Griffith, Director of Community Development Mike Matzko, Police Chief Gary Thomas, Public Works Superintendent Bob Reed, Town Engineer Norm Wood, Fire Chief Charles Moore, Director of Recreation Meryl Jacobs as well as members of the press and public. Citizen Input: The Pines of Wildridge Homeowners Association, Jurgen Durrschmidt and Heather Cunningham represent the Association. Councilor Reynolds, Jr. stepped down due to conflict of interest. Mr. Durrschmidt stated they are here to ask for advice from the Council in terms of their townhome association. There, are outstanding code issues at the project and it is close to builders warranty. No action has been taken after'many requests. Ms. Cunningham stated they have talked to inspectors,over the past months and they said they are code related issues, there are structural and electrical .problems. They do have their Certificates of Occupancy, but since then have found serious problems. Councilor Reynolds, Sr. asked if they talked to the town inspectors. They stated yes. Town Attorney Dunn stated his understanding is that Certificates of Occupancy have been issued for the units in question and he doesn't see that the Town has any role with respect to any code issues beyond the issuance of those Certificates of Occupancy. Any such issues would be between the owners and the builder. Attorney Dunn questions how this involves the .Town or the Council. Attorney Dunn also cautioned the Council not to become involved with what seems to be a civil dispute. Town Attorney Dunn stated he does not see' where the Town has a roll in this issue. Town Attorney Dunn stated if there have been some concerns expressed among staff, he will follow up with staff to see if there is anything that can be done. He stated it is very risky for the Council to address code issues. Mayor Fawcett asked Town Attorney Dunn to follow up with staff and contact Mr. Durrschmidt and Ms. Cunningham. Citizen Input: Becky Bultmeier of the Miele Lane homeowners in Homestead approached the Council. Ms. Bultmeier is here to express concern of child safety regarding an incident that took place in their neighborhood with the officers of the Drug Enforcement Agency and the Avon Police Department The Drug Enforcement Agency and the Avon Police Department stopped a vehicle at gun point by the Edwards Elementary School. There were many children present on the athletic field nearby. Ms. Bultmeier read a letter from the parents of Meile Lane addressed to town Manager Elting. Ms. Bultmeier felt the officers could have made a better decision as to where and when to conduct such an incident. Ms. Bultmeier asked why it was the Avon Police Department that responded and there was no notificationf to the county sheriff nor was he aware of it; it is their jurisdiction. Ms. Bultmeier is present tonight for a-response to this incident. Mayor Fawcett asked Ms. Bultmeier if she was present at the incident. Ms. Bultmeier -stated she was not but spoke to at least three eyewitnesses and also her son who was on the athletic field. The actual witnesses were unable to come to the meeting tonight; however, they did sign the letter and would be happy to come forward. Town Manager Elting stated that they are meeting with Sheriff Johnson tomorrow, Kim Andree will be speaking with Mr. Efting tonight. They will come up with an answer, they are reviewing policies and have already made some changes. Town Manager Efting said he would be happy to share them with Ms. Bultmeier as well as fill her in more from another perspective. Ms. Bultmeier asked Council to listen to the recorded message left by Kim Andree and to read'ihe police report. Ms. Bultmeier also requested a copy of the report. Chief Thomas will provide a copy. Mayor Fawcett suggested it would be helpful to have an eyewitness be their spokesperson. Town Manager Efting stated he would talk with Ms. Bultmeier tomorrow and meet this week. Ms: Bultmeier stated she just wanted a safe community. Police Chief Gary Thomas stated the Avon Police Department was working under the umbrella of the DEA at their request. The Avon Police suggested a courtesy phone call to the sheriff, they did not make the call. That doesn't make our position proper, we should have followed up and made the call ourselves. A number of things have been done since the incident. There is new written policy to address these type of concerns. DEA is going to -respond. Chief Thomas has spoken with the director of the DEA and also stated they will be meeting with Sheriff Johnson tomorrow to further discuss the incident. Ordinances: First Reading of Ordinance No..98-5,.Series of 1998, AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE RESIDENCY OF COUNCIL MEMBERS Mayor Fawcett stated this is the first reading of the Ordinance. Mayor Fawcett asked for any comments. There being none, Mayor Fawcett asked for action from the Council. Mayor'Pro-tein Yoder motioned to approve Ordinance No. 98-5,'Series of 1998. Councilor' McIlveen seconded the motion. Mayor Fawcett, asked for a roll call. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 98-6, Series of 1998, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE 96-17, AMENDING THE CHATEAU ST. CLAIRE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, LOTS 1 AND 2, CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Karen Griffith stated this was an amendment to the Chateau St. Claire PUD. The amendment is to add uses to the PUD. Currently it is zoned primarily for commercial, office, and restaurant. The proposed amendment is to allow hotels, residential condominiums for timeshares. The applicants are pursuing a hotel project. The comprehensive plan does designate this area for mixed use so the expansion is in conformance with the comprehensive plan. The Planning Commission voted to recommend approval of the project on May 19'b. Councilor Reynolds, Sr. asked how many timeshare units were allowed. Town Planner Griffith stated a maximum of 110 units. They would have to stay within the existing building height and footprint and not exceed the allowed parking. Councilor Carnes asked if they have 150 hotel rooms, 15 rooms have to be designated as deed restricted affordable housing. Town Planner Griffith stated the Ordinance is written that they could have 150 hotel rooms plus they would need to have 15 reserved affordable housing units. Councilor Carnes stated that they would then have 165 units. Town Planner Griffith stated potentially, but it would have to fall within the height and footprint; otherwise, it is an amendment to the PUD. Mr. Mark Donaldson approached the Council. He stated he is representing Craig Folsum, the owner of the adjacent property to the east. Mr. Donaldson stated when Mr. Folsum received notice of a public hearing, there was no description about an easement that may affect his property. They are in support of the project. They would like notice of the details on the easement changes and the use changes. Town Attorney Dunn stated the easement document has not yet been received. Any impact on the adjacent property will be reviewed and Mr. Donaldson's concerns will be taken into consideration. Mayor Fawcett called for an action. Councilor Reynolds, Jr. motioned approval of Ordinance No. 98-6, Series of 1998, as written. Councilor McIlveen seconded the motion. Mayor Fawcett called for a roll call. The motion carried unanimously. Town Manager Report: Town Manager Efting reported to Council that the safety festival and bike rodeo over the weekend attracted 1200-1500 people. They are talking about making this an annual event. Mayor Fawcett congratulated all the staff involved. 0 Consent Agenda: a.) Approval of the May 12, 1998, Council Meeting Minutes b.) Approval of Intergovernmental Agreement for Dispatch Services C.) Resolution No. 98-31, Series of 1998, A Resolution Amending the Town of Avon Public Employees Money Purchase Pension Plan Adopted November 9, 1990; Police Officers Money Purchase Pension Plan Adopted November 9, 1990; and Firefighters Money Purchase Pension Plan Adopted January 8, 1991 d.) Resolution No. 98-32, Series of 1998, A Resolution Approving the Final Plat, A Resubdivision of Lot 36, Block 4, Wildridge, Town of Avon, Eagle County, Colorado e.) Approval of Change Order #4, Roundabout #5 - Beaver Creek Entrance f.) Approval of Agreement for Transition Legal Services g.) Approval of Agreement for Transportation Network Analysis h.) Approval of Contract for Avon Road Roundabouts Streetscape Dedication Plaques i.) Approval of Contract for Quick Beam Stage, Light and Sound for Summer Events j.) Financial Matters Mayor Pro-tem Yoder motioned to approve the Consent Agenda. Councilor Reynolds, Sr. seconded the motion. The motion carried unanimously. There being no further business to come before Council, Mayor Fawcett called for a motion to adjourn. Councilor Reynolds, Sr. motioned to adjourn. Mayor Pro-tem Yoder seconded the motion. The motion carried unanimously. The meeting was adjourned at 6:14 PM. Y SUBMITTED: Town Clerk APPROVED: