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TC Minutes 09-25-20010 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 25, 2001 A regular meeting 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 Judy Yoder at 5:32 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Mayor Protem Buz Reynolds present. Councilor Rick Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Director of Community Development Ruth Borne, Police Sergeant Bernie McGovern, Youth Activities Director Ron Moreno, as well as members of the press and public. Citizen Input: Victim's Benefit Run Ms. Linda Jones informed the Council of the Run for Strength, Courage and Hope. She stated that she put the benefit together to benefit the United Way September 11 th fund. The event will take place on Saturday, October 6th in Nottingham Park. Citizen Input: Real Estate Transfer Tax Appeal, 5183 Longsun Lane Councilor McDevitt stepped down from the bench due to conflict of interest. Mr. Michael Hayes, owner of 5183 Longsun Lane, stated that he purchased his home around August 1St and was unaware of the transfer tax exemption. He stated that he found out about the exemption when he went to get a mortgage after closing. Mayor Yoder asked if Mr. Hayes used a local title company, which is generally relied upon to inform the purchaser of the transfer tax exemption. Mr. Hayes stated that he went through Stewart Title. Mayor Protem Reynolds stated that the title company has been given information numerous times telling them that they are responsible for telling their clients. Mr. Hayes stated that they did not do that. 9 • Mr. Hayes stated that he closed around the 1 St of August and about the 11 th he was informed about the exemption. He stated that when he came to the office to pick up the application and read it, he realized that he was after the specified date for filing but was told that he should at least apply and then appeal to the Town Council. He stated that he has made a commitment to be in Avon, and is not going anywhere. He also has a business in the Brookside building. He added that Avon is going to be his home. Councilor Debbie Buckley motioned to approve the appeal of the real estate transfer tax. Councilor Brown seconded the motion. The motion carried with Mayor Protem Reynolds voting nay. Citizen Input: Public Hearing - McCrady Acres Annexation Mayor Yoder described the process for the meeting. She stated that the public hearing for the annexation will be first. This is only a public hearing as to whether or not it meets the legal criteria for annexation. Second will be first reading of an ordinance approving the zoning. That issue is not a public hearing. Then there will be a public hearing on a resolution for the preliminary subdivision plan for the resubdivision of McGrady Acres. Town Attorney Levin stated that this is a public hearing on* the McGrady Acres annexation petition. He stated that the procedure for annexation is a three step process governed by Colorado State Statutes., First, the applicant submitted a petition for annexation to the town. Second, is the hearing as to whether the annexation petition does comply with law and if the property is eligible for 'annexation. Third, is the ordinance to decide whether or not to annex the .property. Mr. Levin stated that the only requirements to determine that the property is eligible for annexation is whether 1 /6 of the land to be annexed is contiguous to the town boundaries. He stated that approximately 1/3 of the lurid is contiguous.. Also, they have to show a community of interest between the land to be annexed into the town and the town land. They have satisfied that aspect. Mr. Levin stated that a resolution for the findings of facts will be voted on later in the meeting. , He stated the resolution states .that a hearing was held, and the land is eligible for annexation. If approved, an ordinancewill go before Council at a later meeting annexing the land. Mr. Rick Pylman of PJ Land Planning, representing the applicant, stated that the criteria that must be met for eligibility to annex into the town are that there is not less than 1/6 of the perimeter of the area proposed to be annexed contiguous with the existing town boundaries. He stated that approximately 1/3 of the land is contiguous. Also, is there a community of interest that exists, is the property urban or can it be urbanized in the near future, and is the area capable of being integrated with the town. Regular Council Meeting September 25, 2001 Ms. Kathleen Walsh asked how this portion of the annexation will effect the lot (Lot 6) that is not being annexed into the town. Mayor,' Yoder stated that it does not. Ms. Walsh asked if that leaves a portion-of land that is not in Avon,, but surrounded by the town. Mr. William Post, representing Traer Creek, LLC, stated that Lot 6 has a public road on one side and the opposite side of the road is still; county so it is not deemed surrounded by town of Avon. There being no further comments, Mayor Yoder closed the public hearing. Citizen Input: Mr. Mike Bowen, owner of Lot 6 and Lot l,'stated that he is involved in this annexation because there is a new road that will run, along Lot 6, and part of Lot 1- may be taken by a cul-de-sac. Mr. Bowen stated that once Lot 3 has been annexed, he will be contiguous to Avon and also the county. He stated ihat he would not be interested in annexing Lot 6 into Avon unless it has commercial zoning. Councilor McDevitt asked Mr. Bowen if he would be willing to have the same conditions put on Lot 6 as Traer Creek if he annexed into the town as neighborhood commercial. Mr. Bowen stated on most items he would, but would have to look more closely at the conditions. Ordinances: First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado, Town Engineer Norm Wood stated this is the zoning ordinance for the proposed annexation of McGrady Acres. The zoning ordinance has been before the P&Z Commission where a public hearing was held. It was also reviewed in conjunction with a preliminary plan, when at the time, showed Eaglebend Drive going through and connecting with the new Post Boulevard. At the last Town Council meeting there was also a public hearing on this zoning ordinance where the Council received considerable input regarding the proposed zoning as well as comments regarding the proposed preliminary plan. The preliminary plan has since been revised to reflect a cul-de-sac at the end of Eaglebend Drive from the proposed area. The proposed zoning still calls for Govern ment/Park/Employee Housing for Lot 1, which is the park. Lots 2 and 3 are proposed as Neighborhood Commercial. Lot 3 is adjacent to and between the park and Post Blvd., Lot 2 is on the east side of Post Blvd. away from the park. Mr. Wood stated that Council's action, based on the public hearing and information received, is to determine whether this is appropriate zoning for the area or if a different Regular Council Meeting September 25, 2001 • 0 type should be proposed. If it concurs with the neighborhood, commercial zoning as proposed, the recommendation would be to approve the ordinance on first reading. If that is not the desire and Council feels anothei zoning would be appropriate, then the recommended action would be to deny the ordinance on first reading. Mr. William Post, representing Traer Creek, LLC, stated that the question still stands as to whether Lot 3 should be Neighborhood Commercial or whether it should go to some form of residential: Mr. Post stated that they have worked with the Eaglebend residents when they asked to move the rock crusher, to not use Stonebridge Drive for a secondary access, and also to install and pay for a cul-de-sac. He does not feel that it is good planning to make Lot 3 residential because they will be too close to a busy road. He stated1hat he does not want to build a cul-de-sac voluntarily if he is forced to put in residential, which the Council can force him to do. Mr. Post stated that he would also install a fence or wall between the two neighborhoods if zoned commercial. He stated that he would do both the cul-de-sac and the fence if the property is zoned Neighborhood Commercial. Councilor McDevitt was concerned about allowing the commercial zoning because of the uncertainty of Lot 6, but since the owner of Lot'6 stated that he would be willing to abide by the same stipulations as Traer Creek, he is no longer concerned. Mayor Protem Reynolds motioned approval of Ordinance No. 01-08, Series of 2001 on f rst reading. Councilor McDevitt seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated that this is a public hearing. Comm. Dev. Director Borne stated that this is the second reading of the ordinance where Mr. Rogel is losing his development right on Lot 24 and is creating a larger lot on Lot 27. He has an existing home on Lot 27. Staff recommends approval. There being no comments, Mayor Yoder, closed the public hearing. Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001 on second reading. Councilor Brown seconded the motion. Regular Council Meeting September 25, 2001 • 0 Mayor Protem Reynolds asked if this lot would be zoned single family or primary/secondary. Ms. Borne stated single family. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 0140, Series of 2001, An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution Town Attorney Levin stated that the current ordinance, that the Town has was nullified by the Municipal Court Judge's ruling. Councilor Debbie Buckley motioned approval of Ordinance No. ~ 01-10, Series of 2001 on first reading: Councilor Brown seconded the motion. Mayor Yoder asked for a.roll call. The motion carried unanimously. Ordinances First Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending Chapter 8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution Town Attorney Levin stated that this ordinance states the Town can collect no more than $300 upon conviction of the Town's violation of the.odor ordinance, which is prescribed by State law. He stated that while the Town can have a more stringent odor ordinance, they cannot fine more than $300 per incident. Mayor Protem Reynolds motioned approval of Ordinance No. 01-11, Series of 2001 on first reading. Councilor Debbie Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously.. Regular Council Meeting September 25, 2001 Ordinances: First Reading of Ordinance N6.'01-12, Series'of 2001, An Ordinance Approving the Barrancas Planned Unit Development (PUD) for Lots"38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision,. Town of Avon, Eagle County, Colorado Mayor Yoder stated that this item has been tabled. Resolutions: Resolution No. 01-26, Series of 2001, A Resolution Approving Preliminary Subdivision Plan'for a Resubdivision of McCrady Acres, Lots 1, 2, 3, 4 and 5, Eagle County, Colorado Mayor Yoder stated that this is a public hearing. Town Engineer Wood stated that this is the second presentation before Council of the preliminary plan for the resubdivision of McCrady Acres Lots 1 through 5 in conjunction with the proposed annexation of this section of McCrady Acres. He stated that previously there was a request for consideration of zoning and based on public input the recommendation was that the plan be modified to include a cul-de-sac at the end of Eaglebend Drive and eliminate the direct connection' between Eaglebend Drive and Post Blvd. That revision has been made to the preliminary plan. He stated that it is appropriate to continue the public hearing and take the input with regard to the revised plan layout. Mr. William Post, representing. Traer Creek, LLC, stated that he would be available for questions but would not make a formal presentation. Mr. Carol Kreuger, resident of Eaglebend Drive, questioned parking on the cul-de-sac. They, would like as much green space on the cul-de-sac as possible and would like to see no parking. Mr. Wood stated that there is no parking shown on the plan, but there is room to incorporate parking if so desired. Ms. Kathleen Walsh, resident of Eaglebend Drive, questioned how the lot lines were derived under the resubdivision. She questioned how much and why the Town decided to give, a portion of Lot 1 to Traer Creek. Mr. Post stated that the actual park size will be larger than the existing park. Mr. Bobby Banks, resident of Eaglebend Drive, stated that where the cul-de-sac is located wouldn't serve the rest of that lot if in fact the zoning is residential. He stated that the land on either side of the cul-de-sac was supposed to be a buffer. The buffer doesn't even go to the end of the cul-de-sac on the plans. He wonders how much of a buffer it will really be. Mr. Banks stated that Traer Creek is going to have to build a road either way and we are saving them money asking them to build the cul-de-sac. The Regular Council Meeting September 25, 2001 amount of asphalt they have to pour to build a new road is not as must as to build a cul- de-sac. Also, half of the existing road would revert to the park, which is owned by the . town, if they do abandon the road and build a new road. Then they would get half. Mr. Banks asked that the half that would be reverted to Lot 1 be included and bring the boundary of the new Lot 1 so it comes to the edge of the cul-de-sac to add to the buffer. Ms. Chris Ekrem, resident of Eaglebend Drive, asked' Mr. Post the timetable for the cul- de-sac, the bridge and the connection to Highway 6. Mr. Post stated that they propose to have it all completed by spring of 2003. They intend to close the new cul-de-sac at the " time the new bridge is open. He stated that they are not planning to bring any construction traffic down Eaglebend Drive, but he does want to leave it open for non- construction traffic while doing construction traffic on the existing bridge. They want to keep construction traffic separate from non-construction traffic. Once they open the new bridge to non-construction traffic they,will then close Eaglebend Drive and install the cul-de-sac. Ms. Ekrem confirmed that at no time is Eaglebend Drive going to have construction traffic. Mr. Post stated•that is correct. Mr. Craig Ferraro, Eaglebend Drive resident, felt ihat'a.cul-de-sac could be built and still have residential zoning instead of commercial' zoning. He felt that what is being presented tonight will force them into a certain zoning requirement. Councilor Peter Buckley asked Mr. Post to bring back a drawing of the cul-de-sac at the next meeting. Mr. Post will bring a drawing of the cul-de-sac with parking and one without parking. Ms. Krueger asked if the buffer on Traer Creek's lots set a precedence for the owner of Lot 6 to indicate that they would.also get the buffer on-that side of the cul-de-sac. Council stated that it would not. There being no further comments, Mayor Yoder closed the public hearing. Mayor Protein Reynolds motioned approval of Resolution No. 01-26, Series of 2001. Councilor Debbie Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 01-27, Series of 2001, A Resolution Setting Forth Findings of Fact and Conclusions Regarding the Public Hearing Held on the Annexation Petition Filed by EMI) Limited Liability Company and Traer Creek LLC Concerning a Portion of the Land Known as McGrady Acres Regular Council Meeting September 25, 2001 Mr. Levin stated that this resolution states the Findings of Fact of the Town Council based on the testimony as to whether the annexation petition complies with law and whether the property is eligible for annexation.. This resolution recites that the, Council finds that the requirements of the Colorado Annexation Statute are being met, that the property is eligible for annexation, and none of the citizens petitioned for an election on the annexation petition. Councilor Peter Buckley,motioned approval of Resolution No. 01-27, Series of 2001. Councilor Brown seconded the motion. Mayor Yoder'asked for a roll call. The motion carried unanimously. . Consent Agenda: a.) Approval of the September 11, 2001 Council Meeting Minutes b.) Financial Matters c.) Resolution No. 01-24, Series of 2001, A Resolution Approving the Third Amendment, Mountain Star, A Resubdivision of Lot 24 and 27, Mountain Star, Town of Avon, Eagle County, Colorado d.) Resolution No. 01-25, Series of 2001, A Resolution Certifying Delinquent Assessment Payments for Local Improvement District No. 1990-1 (Wildridge Special Improvement District) for Collection by Eagle County Treasurer e.) Contract with The Reynolds Corporation for Mountain Star Bridge Work Mayor Protein Reynolds stated that he will abstain from voting on item a of the Consent Agenda. Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor McDevitt motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion carried unanimously and the meeting adjourned at 6:38 PM. Regular Council Meeting September 25, 2001 APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder • Regular Council Meeting 9 September 25, 2001,