TC Minutes 07-23-20020 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 23, 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 Mayor
Judy Yoder and Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, Buz Reynolds and
Brian Sipes present. Absent was Michael Brown. Also present were Town Managet Bill Elting,
Assistant Town Manager, Town Attorney John Dunn, Town Clerk Patty McKenny, Human
Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl
Jacobs; Public Works 'D irector Bob Reed, Transit Director Harry Taylor, Community
Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Jacque Halburnt noted that the Avon Community picnic and the opening of the 20-year-old time
capsule would take place on August 8, 2002 at noon. and 3 pm respectively. Mayor Judy Yoder
presented the following employees with bonus awards for jobs well done, Dorothy Martinez,
Chris Phillips, Michelle Schlund, Ken Smith, and Shawn Weisensel. She thanked them for their
extra efforts on behalf of the Town of Avon. ,
Ron Wolfe, resident of Avon, presented his comments about the proposed use tax questions. He
asked that the Council clarify how the tax will work with respect to materials purchased outside
of the Town and within the Village at Avon limits.
Rick Sackbauer, Chairman of the Eagle River Water and Sanitation District Board, submitted a
letter to Town Council addressing a number of issues the Town and the District have been
working on cooperatively. He also presented an executed original of the Agreement between
ERWSD and the Town which addresses the odor control situation to be considered at tonight's
meeting.
George Pavlik, builder in Avon, opposed the use tax and also asked for some clarification on the
tax. He did not think the Town would collect a substantial amount of revenue from this tax.
Kathleen Walsh, resident of Avon, presented her comments on several topics, i.e. dust control
that needs enforcement, the timeframe for completion of the cul-de-sac, and the proposed use tax
and the possibility of getting back some of the sales tax from the Village project.
Chris Evans, resident & Chairman of Planning & Zoning Commission expressed his concern
about the use tax. Requested some clarification on the ordinance. Presented his examples of
how the tax will impact the building costs and process. He does not support the use tax.
Dave and Mike Dantas, builders in Avon, are both against the use tax and see the Town targeting
one type of business to raise revenues.
0 •
Ordinances
Community Development Director Ruth Borne presented on second reading Ordinance No. 02 -
17, Series of 2002. The applicant Michael Hazard submitted a PUD amendment for the purpose
of extending the expiration deadline for another six months. She informed Council the staff had
met with the applicant several times to discuss the relationship of the Lot 61, PUD to the adopted
Town Center Plan. The applicant would like to explore the opportunities in relation to the Plan
without lapsing the currently approved PUD, which expires august 3, 2002.
Mayor Judy Yoder opened the public hearing, no comments were made, and the hearing was
closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-17, Series
2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver
Creek Subdivision. Councilor Sipes seconded the motion and it passed unanimously by those
present (Brown absent).
Town Attorney John Dunn presented on second reading Ordinance 02-16, Series of 2002 - An
Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon
Relating to odor Pollution. He noted that discussion had taken place between Town and
ERWSD on an intergovernmental agreement regarding odor control within the Avon town limits
vs. enforcement through the Town's code. If the agreement were signed then this Ordinance
would repeal the , section of the Code pertaining to odor control. If the agreement is approved,
the District also agreed to dismiss the pending lawsuit with the Town. The agreement was
included as a Consent Item for Council consideration later in the meeting.
Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was
closed. Councilor P. Buckley moved to approve on second reading Ordinance 02-16, Series of
2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of
Avon Relating to Odor Pollution. Councilor McDevitt moved to second the motion and it passed
unanimously by those members present (Brown absent).
Council considered on second reading Ordinance 02-14, Series of 2002 pertaining to the real
estate transfer tax. John Dunn noted that the Ordinance was written to add and clarify language
within the primary residence exemption from real estate transfer tax (several specifics were
noted per the memo in the packet). No changes were made from first reading.
Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was
closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-14, Series
2002 - An Ordinance Amending Chapter 12 of Title 13 of Title 3 of the Municipal Code of the
Town of Avon Relating to the Primary Residence Exemption From the Real Estate Transfer Tax.
Councilor McDevitt seconded the motion and it passed unanimously by those members present
(Brown absent).
Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials
on second reading was presented to the Council by Town Attorney John Dunn. The use tax on
construction materials would provide an additional revenue source to be used for transportation
and recreation services. In order for the question to be placed on the November 5, 2002 ballot,
two readings and a public hearing are required. At this time, staff requested that Council table
the Ordinance until the next Council meeting (August 13th) due to ongoing discussion the Town
is having with the Village at Avon people about the implications of such a tax.
Regular Council Meeting Page 2 of 4
July 23, 2002
Mayor Judy Yoder opened the public hearing, there were no comments made, and the hearing
was closed. Councilor P. Buckley moved to immediately stop discussing this proposed ballot
question and asked for a second on his motion. There was not second. Councilor D. Buckley
moved to table Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on
Construction Materials to the next regularly scheduled Council meeting on August 13'`. Council
McDevitt seconded the motion to table the Ordinance. A roll call was taken and the motion
passed with a four to one vote (D. Buckley, McDevitt, Reynolds, Sipes - yea; P. Buckley - nay;
Brown absent).
New Business
Community Development Director Ruth Borne presented an appeal of a final design for the Farr
Residence, Lot 40 Block 3, Wildridge Subdivision, 4540 Flat Point Circle. She noted that on
June 4, 2002 the Planning & Zoning Commission approved the sketch design plan for single
family resident on Lot 40, Block 3, Wildridge, as proposed by owner Michael Farr. The property
is zoned for a duplex, however; only a single-family home is being proposed. Adjacent property
owners Chris Cook, Dave Wilkison and John Eschenlohr attended the sketch plan hearing and
voiced their concerns with the proposed massing and siting of the project. The sketch design
plan was unanimously approved. On July 2, 2002, the final design plan was reviewed by the
P&Z. Cook and Eschenlohr attended the hearing and objected to the project. Staff and the P&Z
found the project was in substantial compliance with the Town of Avon Residential, Commercial
and Industrial Design Review Guidelines and the final design plan was unanimously approved.
Ruth noted several P&Z members were present at this meeting as well.
Chris Cook and Dave Wilkison, adjacent property owners, were both present to make comments.
Their concerns centered on the lot grade and how the property should be contoured to the natural
slope of the lot. Their position is that P&Z members should have given this issue more attention
and provided a chance for some dialogue about their concerns. Council noted that the current
plans do comply with the current guidelines. The parties asked that the Council reconsider the
decision made by P&Z.
Chris Evans presented the Commission's basis for the P&Z Commission's approval. After
reviewing the plans, the Commission found that the project was in substantial compliance with
the design review guidelines. They did not find any reason to deny this project in its current
state. They support an effort made by the applicant and the adjacent property owners to continue
to resolve their differences.
Councilor Sipes moved to deny the appeal of the decision made by Planning & Zoning for the
final design for the Farr Residence, Lot 40, Block 3, 4540 Flat Point Circle, made by property
owners, Cook, Wilkison, Eschenlohr. Councilor D. Buckley moved to second the motion and it
passed unanimously by those members present (Brown absent).
Mayor Report
Again Mayor Yoder reminded the public about the Community picnic and the time capsule event
on August 8, 2002.
Regular Council Meeting Page 3 of 4
July 23, 2002
• •
Other Business
Mayor Yoder informed the public that during the Work Session the Town Council discussed at
length the proposed transit fee increase. The Town Council has decided to reconsider
implementing the increase at this time. Council D. Buckley moved to table the plan to charge for
buses until after the November election. She is hopeful" that a new funding source will be
approved with the use tax. Councilor P. Buckley moved to second the motion. Councilor
McDevitt added that this action is only in place as a waiting tactic and that a new funding source
is still imperative in order to continue to fund transit services in the current capacity.
Councilor D. Buckley asked for another public hearing forum to discuss these issues where ideas
can be raised and discussed by the public. Mayor Yoder suggested such a meeting after the vote
was taken on the proposed use tax question. A vote was taken and the motion passed
unanimously by those members present (Brown absent). Councilor D. Buckley noted that the
motion was just to table the increase and that the vote will come before the Council again in the
future.
Consent Agenda
a. Approval of the July 9, 2002 Council Meeting Minutes
b. Approval of Intergovernmental Agreement with Eagle River Water & Sanitation
District (Odor Control within the Avon Town Limits)
C. East Avon Access & Circulation Streetscape Improvements Change Order No. 6
d. Resolution No. 02-35, Series of 2002, A Resolution to Amend the 2002 Town of
Avon Budget
e. Resolution No. 02-36, Series 2002, A Resolution Authorizing the Town of Avon to
participate in the Coordinated Election of November 5, 2002.
Mayor Judy Yoder asked for a motion on the Consent Agenda. Councilor Reynolds moved to
approve the Consent Agenda. Councilor D. Buckley seconded the motion. The motion was
carried unanimously. (Brown absent).
There being no further business to come before the Council, the meeting adjourned at 6:25 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Regular Council Meeting Page 4 of 4
July 23, 2002