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TC Minutes 08-24-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 24, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director Tambi Katieb, Finance Director Scott Wright, Recreation Director Meryl Jacobs, and Public Works / Transit Director Bob Reed as well as members -of the press and public. Citizen Input Special Events Coordinator Fraidy Aber addressed _the Council with regard to the upcoming triathlon event and summary on the Lakeside Cinema Friday night event. Caroline Bradford, Eagle River Watershed Council, requested funds from Avon_ to support the Eagle River Cleanup event on September 19, 2004. After further description of the event, Councilor D. Buckley moved to fund the event in the amount of $1000. Councilor Sipes seconded the motion and it passed unanimously. She proceeded to provide the Council with information about a research project the Watershed Council was conducting with Colorado State University to preserve the Eagle River, research that might produce a document / tool for decision makers to use when making long-term preservation decisions about the river. Kristi Wolfe, resident on Nottingham Road, addressed the Council with questions regarding the proposed roundabout on Nottingham Road / Mountain Star Road. She expressed concerns about whether or not this improvement was needed at this time, if funding was available and what other options had been explored to construct a roundabout. Discussion ensued about the development slated to take place in that area and how the Town might move in another direction rather than construct another roundabout. Asst. Town Engineer Anne Martens provided some details about the implementation of the roundabout, noting that it the plans were reviewed by engineering experts familiar with the design of roundabouts. Resident Kristi Ferraro asked if the trees in the area would be saved; it was noted that the question is still being researched with regard to relocating them. Ordinances Community Development Director Tambi Katieb presented on first reading Ordinance No. 04- 14, Series of 2004, First Reading, An Ordinance amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code, the 2003 International Building Code for One- and Two- Family Dwellings, the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Hereof. He noted that the ordinance adopts the 2003 International Building Code, the 2003 International Residential Code for One and Two Family Dwellings, 2002 Edition of the National Electrical Code, 2003 International Mechanical Code and the 2003 International Fire Code. These Codes published by the International Code Council will replace previously adopted codes published by the International Conference Building Officials. He noted that the Codes are considered as new national standard codes and have been adopted by Eagle County and other towns in the area. A public meeting with special notice was held with the building, design and construction professionals in the area; all were in favor of the updates. Further details about revisions were noted in Council's memo in the packet. It was also noted that there were dramatic format changes addressed by Town Engineer Norm Wood. As well, an intergovernmental agreement would be presented at the next meeting addressing services provided by the Eagle River Fire Protection District with regard to code compliance. Katieb also noted that the building permit fees will increase roughly 10% which is consistent with other jurisdictions and recovers more of the costs of doing business with regard to building plan reviews, etc. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-14, Series of 2004. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. A public hearing was scheduled for the next meeting on September 14th. Mayor Reynolds noted that the next item for consideration was Ordinance No. 04-15, Series of 2004, First Reading, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 54, 55, 89, 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Both Mayor Reynolds and Mayor Pro Tern McDevitt recused themselves from the meeting at this time. Councilor P. Buckley moved to appoint Councilor D. Buckley as chairperson for the meeting. Councilor Wolfe seconded the motion and it passed unanimously. Community Development Director Tambi Katieb presented applicant Jay Peterson's amendment to the Wildridge PUD for the four residential properties, Lots 54, 55, 89 and 90. The application was being reviewed in conjunction with a preliminary subdivision application and subdivision variance application in order to create the private access drive as proposed. In summary, Katieb explained that the applicant proposes to rezone four lots that are currently zoned for duplex and triplex development to create eight single-family lots. The rezoning represents a reduction of existing vested rights for 11 dwelling units to 8 dwelling units, a 27% reduction in development rights. He referred to the prior application submitted that requested access to all eight lots from an extension of Longsun Lane and the request to move the platted "non-developable areas" that existed on the Wildridge PUD plat. After significant discussion with staff, the Commission and members of the public, the applicant withdrew that application and submitted the application before the Council today. Highlights of the current application included the following: ■ No change to anticipated access patterns A more contiguous revision to the platted non-developable areas that appears to meet the intent of recent policy guidance provided by Town Council through Resolution No. 04-25. The creation of a private access serving 5 single-family homes from Longsun Lane. Establishing design guidelines through the PUD for the project to complement those found in the Town design review guidelines: Councilor Sipes expressed difficulty in understanding the open space areas. Katieb reviewed the boundaries. Applicant Jay Peterson addressed some of the comments & concerns he received from the neighbors. Council complimented the applicant on his efforts in developing the plan in conjunction with the neighbors. Peterson explained some of the details of the homes, i.e. name of architect, square footage of homes, constraints of topography, etc. Some discussion ensued on whether or not to include additional design guidelines in the PUD. The applicant agreed to further draft additional guidelines. Councilor P. Buckley moved to approve Ordinance No. 04-15, Series of 2004 on First Reading, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 54, 55, 89, 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously with a roll call vote (Reynolds & McDevitt recused). A public hearing was scheduled for the next meeting on September 14th. Regular Council Meeting Page 2 of 4 August 24, 2004 New Business Mayor Reyonlds read the Proclamation announcing Eagle River Fire Fighter Appreciation Week - August 30th through September 5th as submitted by the Muscular Dystrophy Association. Community Development Director Tambi Katieb provided a brief update on the Comprehensive Plan schedule. Town Manager Report Town Manager Larry Brooks provided an update on the capital requests submitted to Eagle County noting that Avon had not heard anything from them at this time. Staff would follow-up next week however. Mayor Reynolds congratulated those candidates running for Avon Town Council. Town Attorney Report Town Attorney John Dunn noted that he would be out on vacation September 11th through September 27th. Dunn,also informed Council that he would confirm the status of the agreement being drafted between Town and Village at Avon. He then informed the Council that a new retail liquor store license application has been submitted to the Town Clerk, i.e. Village Warehouse Wines. He explained that the applicant is required to prove the "needs of the neighborhood" with regard to the new license. Dunn reminded the Council that a Resolution was adopted in 1988 that established the neighborhood into 2 zones, i.e. east of Avon Road and west of Avon Road. His recollection for doing that was related to idea that there was not competition between liquor stores due to the location of the stores off of Avon Road. He suggested that Council should determine the "neighborhood" based on evidence presented at the hearing. Therefore, he recommended that Council adopt a Resolution at the next meeting repealing the 1988 resolution. Dunn noted that the hearing would be a quasi-judicial hearing and Council should not be discussing this matter prior to the hearing. If anyone is interested in commenting on the topic to a Council member, they should do so at the hearing on September 28th. Dunn further noted that unless a license is contested, there 'is usually no need for the °neighborhoods" discussion. Typically, after some research, a municipality considers the entire Town as the neighborhood, and sometimes outside of the boundaries is included. Councilor Wolfe requested historical information on chronology of liquor stores in Avon as well as a history of population. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor Sipes moved to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed unanimously. a. Approval of the August 10, 2004 Regular Council Meeting Minutes b. Coordinated Election Intergovernmental Agreement c. Resolution No. 04-32, Series of 2004, Resolution Certifying Delinquent Payments for Local Improvement District No. 1990-1 (Wildridge Special Improvement District) for Collection by Eagle County Treasurer d. Resolution No. 04-33, Series of 2004, Resolution Authorizing the Use of a previously approved Governmental Lease-Purchase Master Agreement dated March 28, 2003 and approving a Supplement Thereto and Related Documents and Certificates e. Fire Station Lease f. Contract with Revenue Recovery Group g. Renewal of Contract with Qwest Corporation h. Metcalf Basin Drainage Improvements (Nottingham Road to 1-70) B&B Excavating, Inc. - Construction Contract Regular Council Meeting Page 3 of 4 August 24, 2004 There being no further business to come before the Council, the meeting adjourned at 7 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 August 24, 2004 RE$P CTFUULLLY UBMITTED: - Ic Ditty A r nnv Tn%AY ( rle