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TC Minutes 06-08-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 8, 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 5:35 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 & Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff,Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Citizen Input Fraidy Aber introduced Bret Hooper with American National Bank who presented Avon's Town Council with a $15K check for sponsorship for the Salute to U.S.A. July 4t' Celebration. Kim Nottingham, representing her husband Terry Nolan who was unable to attend the meeting, addressed the Council with regard to their request for Council consideration of a refund on the transfer tax they paid in January 2004. The letter submitted in the council packet outlined the request. Discussion ensued about how the transaction transpired, and the role of the title company to alert homebuyers of the transfer tax exemption. Councilor D. Buckley moved to grant the Nolan's the exemption retroactively. Council Brown seconded the motion. Staff was asked to contact the title companies regarding this matter. Town Attorney John Dunn noted that currently there are no provisions in the Ordinance allowing for this exemption and that the Ordinance must be amended in order to allow for this. Further discussion ensued. Council directed the Town Attorney to draft the provision and bring it forward at the next meeting so that they can approve the refund of the transfer tax for the Nolans. Brian Vedder, Avon Wildridge resident, addressed the Council with regard to his thoughts on the over population of deer in Wildridge. Mike Cacioppo thanked Council for the revised format of the meetings. Dave Courtney, (Beaver Liquors owner) & Janine Glennon, (Vista owner) asked Council about recently passed legislation regarding liquor laws, i.e. wine tastings and resealing of vinous liquors. They requested that Council address the new legislation in the near future. Council asked that staff return with detailed information about the legislation. Resolutions Town Engineer Norm Wood once again presented a request for a temporary' grading and drainage easement on town owned property, Tract B, Block 1, Benchmark at Beaver Creek with Resolution No. 04-19, Resolution approving Temporary Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. The owner of Lot 30, Block 1, Benchmark at Beaver Creek Steven Grow has approval to construct a new car wash at that location. The requested easement would allow diversion of drainage around the excavation required for construction of the proposed Avon Express Car Wash. Wood noted that the building permit was issued with a condition as noted in the council packet memo and a security deposit was required. Wood recommended approval of the 15 feet wide temporary easement with conditions also outlined in Resolution No. 04-19. Mayor Reynolds also reminded the public that the project was already approved and that just the easement was up for Council consideration. John Perkins, project architect was present to answer questions. Mayor Reynolds noted that a public hearing was not required at this time; however, the Council would take public comments. Several people gave input including residents of Avon & business owners are as follows Matt McGrath, representative for James Tillich (unable to hear name) and Audrey Langin, Janine Glennon, Dan Smith, Dave Courtney, and Mike Thule. Some of the comments are as follows: ✓ Requested more information about the project. ✓ Residents of Grand View Condos next to the site were not aware of the project moving forward and concerned about dust mitigation, noise and traffic that would be a result of the construction and the project. ✓ How and why did the property get approved for an extension? What are the details of the project? ✓ What happens if car wash fails? Require bonding if it fails. ✓ Comments relating to notices regarding projects. ✓ The Town has spent great deal of time on this project and has done a good job with it. Comments were made from Council' -throughout the discussion and included some of the following: ✓ A smaller designed project would not require the need for the easement. ✓ The Town should obtain a fair value for the easement, instead of $10, a very low value. ✓ Most not in favor of the project,per se, however the car wash project has already been approved a couple of years ago with many notices & hearings throughout the process. ✓ Does the granting of the easement benefit the Town. ✓ The savings the owner has if the Town approves the easement should be shared with the Town. ✓ Most members do not approve of the car wash, however, denying this request is not fair to the applicant in light of the fact that easements have been granted to all the property owners along Nottingham. ✓ List of tools the Town provides for obtaining information. Senior Planner Tambi Katieb presented some historical information about the project as well as highlighted the uses by right allowed in a' light industrial / commercial use, which is the zoning for that location. The public was encouraged to contact either John Perkins or Community Development to obtain further details about the'project. Councilor Brown moved to approve Resolution No. 04-19, Resolution approving Temporary Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark' at Beaver Creek, Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion. Councilor Wolfe proposed an amendment that the price of this be increased to fifty percent of the savings to the owner by virtue of having this easement with that cost to be determined by a legitimate professional and cost estimates of engineering in 2 different directions. Councilor P. Buckley seconded the motion and it failed with a two to four vote (Brown, D. Buckley, McDevitt, Sipes - nay; P. Buckley, Wolfe - yea). A roll call vote was then taken on the principal motion to adopt Resolution No. 04-19 as follows: Brown, D. Buckley, McDevitt, Sipes - yea; P. Buckley, Wolfe - nay). The motion carried and Resolution, No .04-19 was approved. Ordinances Finance Director Scott Wright presented Resolution No. 04-21, Resolution to Amend the 2004 Budget which amends the 2004 Budget due to various 2003 audit adjustments and 2004 services related to legal fees & water rights. Wright provided the revised General Fund balance due to the audit. Some discussion ensued about whether or not the revised water expense amount was enough with the potential changes in the water augmentation plan. Town Attorney Regular council Meeting Page 2 of 5 June 8, 2004 John Dunn addressed the need to increase the legal fees amount, explaining in detail the difference between his original contract amount and the additional service required due to recent pending litigation. Mayor Pro Tem McDevitt moved to adopt Resolution No. 04-21, Resolution to amend the 2004 Budget. Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. Town'Engineer Norm Wood presented an update to the status of the process with regard to the application submitted by applicant Jay Peterson. He noted that following a public hearing as requested by the applicant, the Planning and Zoning Commission tabled action on Western Sage PUD Application at the June 1, 2004. He explained that the proposed Subdivision Variance and Preliminary Plan application should be considered in conjunction with final action on the proposed Western Sage P.U.D. application. And therefore, Staff recommended that the attached Resolution No. 04-20, denying the Subdivision Variance and Preliminary Plan approval for Western Sage P.U.D., A Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge be in order at this time. Because notices were already mailed regarding the public hearing prior to the P&Z decision to table the PUD application, he asked that Council hold the public hearing tonight. He then recommended that Council table action on this Resolution pending receipt of the P&Z Commission's recommendation with respect to the corresponding Western Sage P.U.D. application. Some discussion ensued about whether or not Wildridge was originally a P.U.D. Jay Peterson introduced himself as the applicant and offered to answer any questions Council or the public might have. He then presented a brief history on the application. In summary, the proposed P.U.D. application would convert one duplex lot and three tri-plex lots to eight single- family lots. He noted that he has spoken with many of the neighbors of the properties and will continue to do so prior to going back to P&Z. Comments were made regarding traffic impacts & the non-developable area of the project. Mayor McDevitt asked Town Attorney John Dunn about whether or not he should remain with the Council due to his prior involvement on the matter. Town Attorney John Dunn asked specifically if anyone had a conflict of interest on the matter. Some conversation ensued about the need to reveal conflict of interest and ex parte communication and Dunn noted that in the future before the Council moves into a quasi-judicial board, he would ask that question. Both Mayor Reynolds and Mayor Pro Tem McDevitt revealed certain facts about their prior involvement with the applicant/ application and offered to step down at this time. Both Mayor Reynolds and Mayor Pro Tem McDevitt left the room. Councilor P. Buckley moved to appoint Councilor D. Buckley to chair the meeting as acting Mayor Pro Tem. Councilor Sipes seconded, the motion passed unanimously and Councilor D. Buckley chaired the meeting at this time. Councilor D. Buckley opened the hearing and Rick Petrillo, resident of 4131 Long Sun Lane, expressed concerns about the project and the potential impacts of density, traffic, access, and construction. Councilor D. Buckley closed the hearing at this time. Councilor Sipes suggested that Council refrain from making comments until after receiving comment from Planning & Zoning. Councilor Sipes moved to table Ordinance No. 04-20, Series of 2004 and Councilor Brown seconded the motion and it passed unanimously by those members voting (Brown, Sipes, P. Buckley, Wolfe - yea). Mayor Reynolds and Mayor Pro Tem McDevitt joined the Council at this time. Senior Planner Tambi Katieb presented on first" reading Ordinance No. 04-08, Series of 2004, An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it Relates to Outdoor Lighting Standards. He noted that Council heard first reading of the Ordinance on May 25th, and after hearing some public comments provided staff with direction on several considerations. Regular Council Meeting Page 3 of 5 June 8, 2004 The Ordinance was tabled for further discussion. He reviewed some of the revisions including 1) sign lighting hours, 2) holiday lighting, 3). floodlighting, 4) uplighting, 5) clear glass in luminaries, 6) municipal lighting, 7) variance provision. Staff recommended further disucsion and obtaining further public comments on the topic. Council made some comments addressing the ordinance as follows: ✓ Purpose of ordinance is to reduce escaped lighting. ✓ Primary source of problem is uplighting. ✓ Draft legislation due to growth in the valley. ✓ Costs to implement changes within Avon is very high and may not be the priority. ✓ Get some legislation on the books in order to deal with future development. ✓ Safety continues to be an issue. ✓ Enforcement of the legislation. ✓ Use of the model the town adopted when it restricted the use of wood burning fireplaces and asked the community to change them out, there was funding available for doing that. ✓ Identify the specific problems and problem locations. Further discussion ensued about the costs of implementing such legislation. Staff suggested that Council consider using a consultant to assist in this endeavor. Council asked staff to return with an estimate on the cost of hiring a consultant. Mayor Reynolds opened the public hearing and the following people made comments: , Michelle Courtney (written comments from Richard Wheelock), Janine Glennon, Mark Weinrick, Don Marks, Mike Cacioppo, Dave Courtney. Several concerns were expressed regarding the language restricting hours of business lighting and the perception of how tourists would view the business district with no lighting as well as the cost to the business owner to implement. After some further discussion, Mayor Reynolds closed the public hearing. Councilor Sipes moved to table the Ordinance on lighting until further discussion could take place at a work session. Councilor Wolfe seconded the motion. Further discussion ensued about when to reconsider the topic and ° it was decided to bring it back to a work session in 2 meetings. The motion passed unanimously. Town Attorney John Dunn presented on second reading Ordinance No. 04-07, Series of 2004, An Ordinance Amending Titles 2, 15 and 17, Municipal Code of the Town of Avon, as it relates to Appeals from the Decisions of the Planning and Zoning Commission with no changes from first reading. He reviewed the Ordinance noting that it was written to clarify and consolidate the provisions for appeal of decisions by the Planning & Zoning Commission. He noted that the Planning & Zoning Commission recommended approval as well. Discussion was held with regard to Sections 2 and 3 and suggestions were made with regard to how and who to follow up with on the decisions made in appeals. It was decided to use the Town's website as a tool for informing applicants, adjacent property owners, etc. about any of the processes of the Town. Mayor Reyonlds opened the public hearing, no comments were made, the hearing was closed. Councilor D. Buckley moved to approved Ordinance No. 04-07, Series of 2004, An Ordinance Amending Titles 2, 15 and 17, Municipal Code of the Town of Avon, as it relates to Appeals from the Decisions of the Planning and Zoning Commission with one minor change in Section 2 - revise "mayor" to state "majority of council" and in Section 4 as well, a change of "mayor" to "council". Councilor Wolfe seconded the motion and it passed unanimously with a roll call vote. Unfinished Business Council asked staff to send letter to Eagle County asking the Commissioners to ask the voters of Eagle County about a smoking ban in the November Election. Staff noted that the letter was Regular Council Meeting Page 4 of 5 June 8, 2004 send. Senior Planner Tambi Katieb presented updates to some of the Community Development projects, i.e. Cottonwood, Comprehensive Plan, Car Wash. Town Manager Report, Lary Brooks noted that an open fire ban would be imposed by Eagle County Sheriff's office June 10, 2004. Mayor Report Mayor Reynolds provided an update to his trip to Florida with the Vail Valley Foundation to try to obtain the 2009 World Championships that as everyone was well aware was awarded to France. Discussion ensued about the letter to Michael Hazard, Lot 61 owner, regarding water rights requirements that were included on the Consent Agenda. Council agreed to revise the, offer term to 2 years and at a rate of $20,000 per acre foot.. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to adopt the consent agenda. Councilor Wolfe seconded the motion and it passed unanimously. a. Approval of the May 27, 2004 Regular Council Meeting Minutes b. Water Rights - Lot 61, Block 2, Benchmark at Beaver Creek (0075 Benchmark Road) c. Nottingham Road Improvements (1-70 to Buck Creek Road) Inter-Mountain Engineering, Ltd. Geotechnical Services Proposal d. East Beaver Creek Blvd. Improvements - East Avon Phase II, Inter-Mountain Engineering, Ltd. Design and Construction Document Preparation Services Proposal There being no further business to come before the Council, the meeting adjourned at 9:30 PM. RESPE9 T ITTED: 1 T Patty McKe. , Town APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe OF q§~ d,• SEAL L ®~G W Regular Council Meeting June 8, 2004 Page 5 of 5