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TC Minutes 05-13-19970 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 13, 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 5:18 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, David Gilman, Bob McIlveen, Buz Reynolds, Jr., and Judy Yoder present. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Fire Chief Charlie Moore, Police Chief Gary Thomas, Director of Community Development Mike Matzko, and Administrative Assistant Jacquie Halburnt,-as well as members of the press and public. Citizen Input: Mr. Bob Gardner, manager of administrative services'in the Glenwood Springs office, of Holy Cross,Electrical,Association,-. asked Council to consider their wind power program. Mr.'Gardner informed any questions may be directed to him or the local district manager, Dick Stratton. Mr.-Gardner presented the Mayor. a check for $400 with the,promise the money would be planted as trees. Council thanked Holy Cross for the money.' Mayor Fawcett assured the money would be spent for trees, in terms of landscaping. Mr. Gardner reviewed the-wind''power program. Ordinances: First 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 Director of Community Development Mike Matzko reviewed the Ordinance. Matzko stated this PUD amendment relocates the building footprints of five un-constructed units in the Stonebridge townhome development. A common private driveway will serve the'five residential units. Each unit will have an attached-garage and a walled courtyard. P & Z reviewed and approved the PUD application, and recommends approval by Council. Councilor Yoder assumed none of the neighbors complained about the proposal. Matzko stated that is correct. The,project is designed to be completed in a way that is compat-ible with the existing development. Councilor Benson asked how well will the proposed buildings blend with the existing buildings - same type of design or slightly different. -Matzko stated slightly different but, generally very similar - the same architectural details, with some variation of materials. The same architect designed the proposed buildings. Mayor Fawcett asked if the original PUD provided for these units. Matzko stated yes, it is the same number of units. Mayor Fawcett asked if the PUD survives forever. Matzko stated unless it is amended or superseded, in this case this is an amendment. Mayor Fawcett asked,'although they take no action, the PUD stays viable twenty years from now? Matzko stated there is a vesting provision by state statute - it is three years unless we specifically grant further vested rights. • 0 Mayor Fawcett asked, just for three years? Matzko stated yes. Mayor Fawcett asked, so there is not really a PUD in effect for these? In other words, this isn't an amendment, this is a new PUD? Matzko stated we are treating this as an amendment to a PUD with the assumption that the zoning remains in place. Town Attorney John Dunn stated once the Ordinance is adopted the Ordinance remains and would require some affirmative act of Council to undo the Ordinance. Matzko clarified - this is a zoning action. And, zoning is not a vested property right, it is actually the construction of the building. There are no building permits outstanding but, since the PUD, as the zone district requires a development plan, it is treated a little bit differently than say a project over here in the town center zone district. They still have to receive final design approval, which is the site specific development plan, and a building permit. Mayor Fawcett stated he is trying to determine whether there is still zoning, by the old PUD, on the property. Matzko stated, in his opinion, yes. Councilor Benson motioned to approve on first reading Ordinance No. 97-5, Series of 1997. Councilor Gilman seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Town Manager Report: Town Manager Bill Efting informed there is a Mayor's Breakfast on Wednesday, May 28th at 7:30am in the Council Chambers. Also, on Wednesday, May 21st, Park Construction will be putting on a breakfast, at 7:30am, for people concerned about the roundabout construction. There is a traffic calming media program on Friday, in Breckenridge and a yet-to-be-determined staff member will be attending. Mayor Report: Mayor Fawcett announced the Town Council selected four new Planning & Zoning Commissioners. Those commissioners selected are Michael R. Dantas, Christopher Evans, Anne M. Fehlner, and Beth Stanley. Mayor Fawcett extended congratulations to all and instructed Town Clerk Lambert to notify the new commissioners. Consent Agenda: a.) Approval of the April 22, 1997 Council Meeting Minutes b.) Approval of Mutual Aid Agreement for Disaster Incidents c.) Approval of Contract with Pat Mendoza for Festival of Nations d.) Resolution No. 97-31, Series of 1997, A RESOLUTION APPROVING THE BROOKSIDE PARK AMENDMENT II, A RESUBDIVISION OF LOT 2 AND 3, BROOKSIDE PARK, TOWN OF AVON, EAGLE COUNTY, COLORADO e.) Financial Matters Councilor Reynolds expressed a financial interest regarding Lot 32, Block 1, of Wildridge, in item a.) April 22nd Council Meeting Minutes, and abstained from voting on that item of the consent agenda. 2 r~ Councilor Yoder motioned to approve the Consent Agenda. Councilor Gilman seconded the motion. The motion carried with Councilor Reynolds abstaining from voting on Item a.). 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 Yoder. The meeting was adjourned by Mayor Fawcett at 5:46 PM. ~ ECTFULLY SUBMITTED: Patty Lambe CMC Town Clerk 3