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TC Minutes 05-28-2002• • MINUTES OF THE REGULAR MEETING OF THE TOWN.COUNCIL HELD MAY 28, 2002 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon,' Colorado in the Council Chambers Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael ~ Brown, Rick Cuny, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz Reynolds . present. Also present were Assistant Town Manager' Larry Brooks, Town Attorney John Dunn, Town' Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Comm. Dev. Director Ruth Borne, as well as members of the press and public. Town Manager Bill Efting was absent. Citizen Input Gerry Sandberg was present to inform the Council of his, Democratic candidacy for Eagle County Commissioner. He spent a few minutes sharing his background experience and answering questions. Resolutions Community Development Director Ruth Borne presented Resolutions No. 02-21 and 02-22, Series 2002. She .noted that petitions;for, annexations have been submitted for portions of land known as the Post Boulevard'Public Right of-Way (02-21) and Lot 6, McCrady Acres (02-22). The purpose of the Resolutions are to determine, that the,.petitions are in substantial compliance with the requirements of the Colorado Statutes and to'set public hearings to determine if the proposed annexation complies with-requirements for annexation. Councilor Reynolds moved to approve Ordinance No. 02-21, Series 2002, A Resolution Initiating Annexation Proceedings For Portions Of The, Land Known. As Post Boulevard Public Right Of Way Into The Town Of Avon; Finding Substantial Compliance Of The Petition For Annexation; And Setting A Hearing Thereon. Councilor McDevitfseconded the motion and it passed unanimously. Councilor Reynolds moved to approve Ordinance, - No. 02-22, Series 2002, A Resolution Initiating Annexation Proceedings.' For A Portion Of The Land Known As Lot 6, McGrady'Acres Into The Town Of Avon; Finding Substantial Compliance Of The Petition For Annexation; And Setting A Hearing Thereon. 'Councilor McDevitt seconded the motion and it passed unanimously. • Ordinances • Community Development Director Ruth Borne presented Ordinance No. 02-08 for first reading. She noted that the Ordinance was drafted as a result of discussions surrounding the compliance deposits. The primary purpose of the Ordinance was to provide more authority to the Building Officials with regard to enforcement. Councilor D. Buckely moved to approve Ordinance No. 02-08, Series 2002 on first 'reading, an Ordinance amending the Municipal Code of the Town of Avon to make more effective the enforcement of the zoning and building regulations of the Town; enlarging the jurisdiction of the Municipal Court of the Town of Avon; authorizing a schedule of fines for certain violations; and providing for the violation hereof. Councilor Brown seconded the motion and it passed with a five to one vote in favor of the motion (P. Buckley - nay)., Community Development Director:,, Ruth Borne, presented both Ordinance No. 02-09 and Ordinance No. 02-10, Series 2002 for, first reading. Both' Ordinances address the annexation of property into the Town of Avon in order to accommodate the road and infrastructure 'improvements for the Village Avon. Mayor' Yoder informed the audience that a public hearing on both Ordinances is scheduled for Tuesday, July 9, 2002. Councilor Brown moved to approve Ordinance -No:,, 02-09, Series 2002 on first reading, an Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Right of. Way Petition for Annexation. Councilor D. Buckley seconded the motion and it passed unanimously. , Councilor D. Buckley moved to approve Ordinance No. 02710, Series 2002 on first reading, an Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as described as Lot 6, McGrady Acres Petition for Annexation. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-11, Series 2002 on first reading. She noted that the applicant TS Properties, Inc. owns Lots 42 and 43, Block 4 in. Wildridge and are seeking a PVD amendment in order to create 3 duplex lots instead of two four duplex lots thus removing two development rights from these lots that are currently zoned for 4 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. Councilor D. Buckley moved to approve Ordinance No. 02-11, Series 2002 on first reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 42 and 43, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-12, Series 2002 on first reading. She noted that the applicant Michael Dantas owns Lots 10 and 11, Block 2 in Wildridge and is seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. Regular Council Meeting Page 2 of 5 May 28, 2002 • • Councilor McDevitt moved to approve Ordinance No. 02-12, Series 2002 on first reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 10 and 11, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-13, Series 2002 on first reading. She noted that the applicants Tom Darcin and Michael Dantas own Lots 47 and 48, Block 1 in Wildridge and are seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. CouncilorID. Buckely moved to approve Ordinance No. 02-13, Series 2002 on first reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 47 and 48, Block 1, Wildridge Subdivision, Town of, Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously by the members present. Unfinished Business Councilor McDevitt briefed the Council on "his role in conversations with the Eagle River Water Sanitation District in the past months regarding the odor- problems in the Town. He proposed drafting and implementing an Intergovernmental Agreement between"the two agencies to try and create a more efficient enforcement process than what is,included in the current Odor Ordinance. He proposed a-"good- faith" moratorium be placed on the-ordinance and, saw the action as a way to reward the positive efforts ` of- the Sanitation District. Several Council members were in agreement that this action would.be a reward for "good-behavior".- Councilor McDevitt moved to put a moratorium on enforcement of an Ordinance in Chapter 8.31 of Municipal Code for a period of 2 months to pursue an Intergovernmental Agreement with the quid pro quo that the Sanitation District not pursue, the constitutionality issue of the Town's current Odor Ordinance for that same time period so that we can work this out. Councilor D. Buckley seconded the motion and it passed unanimously. New Business Mayor Yoder thanked the six candidates participating in, the interview process that afternoon. The people applied to fill the Council seat vacated by Rick Cuny. She reminded the public that the appointment would run until the November election at which time that seat and 3 others would-be open. Councilor D. Buckley moved to appoint Brian Sipes as new Council member: Councilor Brown seconded the. motion and it carried by a majority vote. Brian Sipes will be sworn in at the next Council meeting on 6/11/02. Regular Council Meeting Page 3 of 5 May 28, 2002 0 Town Manager Report Assistant Town Manager Larry Brooks informed the Council, and public that a meeting was held jointly between the'Town and the Catellus`;Group (Village at Avon) to address the airborne dust situation occurring due to construction. An alarm system will be implemented to alert both parties when the levels exceed 25% of the average of the national',standard. Weekly reports would be reviewed by both parties tot "rack the 'proble'i and its severity. He encouraged anyone with questions to contact either the Town or the Catellus; Group at 748-4994. Mayor Report Mayor Yoder took a moment to thank Councilor Rick Curly for his public service as Council member with the Town of Avon. Other Business Councilor P. Buckley welcomed the new Avon Postmaster to Town who was sitting in the audience. His name is Frank Schuster and he moved from Illinois to Colorado, currently residing in Gypsum: The Council welcomed him. Councilor Rick Cuny took a few minutes to say farewell to the general public, thanking the staff, Town Manager Bill Efting and Council members. Consent Agenda a) Approval of the May 5, 2002 Council Meeting Minutes b) Metcalf Gulf Lower Drainage Improvements - Change Order #5 c) 'Eagle River Recreation Path II - Additional Design Services and Contract Management, Peak Land Consultants Mayor Yoder asked for a motion on the Consent Agenda. Councilor McDevitt moved to approve the Consent Agenda. The motion was seconded and carried unanimously. There being • no further business to come before the Council, Councilor Reynolds moved to adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6:30 PM. Regular Council Meeting Page 4 of 5 May 28, 2002 ' APPROVED: Micha.el'Brown Debbie Buckley Peter Buckley Rick Curry . Mac McDevitt Buz Reynolds Judy Yoder RESPECTFULLY SUBMITTED: Regular Council Meeting Page 5 of 5 May 28,2002'