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TC Minutes 01-28-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 28, 2003 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 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, Town Clerk Patty McKenny, Human Resource Director Jacquie Halbumt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne and Planner Tambi Katieb, as well as members of the press and public. Citizen Input Mayor Buz Reynolds presented 2002 4th quarter bonus awards to Joye Gelo (Finance), Bert Jaramillo, Officer Mike Lundblade, (both from Police), Ron Moreno (Recreation), and Brian Houlihan (Community Development) and thanked them for their extra efforts on behalf of the Town of Avon. Ordinances Public Hearing - Second Reading Community Development Director Ruth Borne presented Ordinance No. 03-01 on second reading. She, noted that the applicant, IDG3 LLC, submitted a PUD amendment for the purpose of extending the expiration deadline for one year. In July, Council granted a 6-month extension (Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD. That expiration date is February 3, 2003. She explained that in 1998 the original PUD was approved and in '2001 the Town Center Plan was approved.. In the interest of continuing cooperation between the Town and the applicant, P8Z Commission recommended approval of the extension for one-year in Resolution 02-01. Staff has met with the applicant several times to discuss the relationship of Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific development plan does not comply with the terms and conditions of the Town Center Plan: Specifically, the necessary road alignments, setbacks, access, and site constraints contradict the Town Center Plan. Because of these concerns with the site-specific development plan, staff recommended only a 6-month extension to the Commission. Councilor P. Buckley noted that he did not think there was a need for this legislation. The public hearing was opened and no comments were made, so the hearing was closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 03-01, Series of 2003, An Ordinance approving an Amendment of the Lot 61, Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and the ordinance passed unanimously. Town Engineer Norm Wood presented Ordinance No. 03-02 for second reading, an ordinance revising the current subdivision review 'fees. He noted that the ordinance revises the subdivision review fee schedule to more accurately reflect the actual costs associated with the review of the various type subdivisions. The costs have been estimated in accordance with the personnel hourly rate calculations and proposed subdivision review fees. The public hearing was opened, no comments were made and the hearing was closed. Councilor Brown moved to approve Ordinance No. 03-02, Series of 2003, an Ordinance Repealing and Reenacting Section 16.12.040 of Title 16 of the Avon Municipal Code (Subdivision Review Fees). Councilor Sipes seconded the motion and it passed unanimously.- First Reading Town Engineer Norm Wood presented Ordinance No. 03-03 on first reading explaining that the action includes. revising the public ways permit review and inspection fee schedule to more accurately reflect the actual costs associated with the review and inspection of various types of permits: This action also revises the acceptable security and duration of surety to be submitted to the Town to guarantee faithful performance of the work permitted. Councilor McDevitt moved to approve Ordinance No. 03-03, Series of 2003, An, Ordinance repealing and reenacting Section 12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 -and repealing and reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets, Sidewalks and Public Places). Councilor Brown seconded the motion and it passed with a unanimous vote. Resolutions Town Engineer Norm Wood presented Resolution No. 03-08, increasing the plant investment fee charged to new customers by Upper Eagle Regional Water Authority. Councilor P. Buckley indicated that he did not fully understand the proposal. Mike Cacioppo, publisher of Speakout, asked them to explain why the increase will exceed the Denver/Boulder Consumer Price Index. Becky Bultemeier, Finance manager for the Authority was present and explained that the Authority had completed a very comprehensive study of the cost to provide facilities for new customers and the PIF charge appropriate to fund such costs. The purpose of the study was to recommend restructuring the PIF so that the funding for growth would be more fairly allocated to the proper customers. She provided some historical information on the fee structure, noting that the majority of the growth related to debt service is being funded by existing customers through service fees. She proceed to explain that the inequity is projected to become worse in the future if PIF rates are not adjusted; therefore the Authority has decided to unanimously support adopting a new PIF=structure hopefully effective April 1, 2003. Because there is an increase greater than the Denver/Boulder Consumer Price Index, the Master Service Contract (dated January 1998) requires each member of the Authority approve. the change. Discussion ensued about the research conducted that helped the Authority arrive at their proposed rate structure change. Becky indicated that the Authority has enacted a service fee rate increase for all existing customers of 2% effective January 2003, with increases 2% each year into the future. If the proposed PIF fee is not approved, additional increases in service fees will be made. Both Councilor Sipes and Councilor Wolfe expressed their concern for the Authority's decision to use square footage as a basis for the plant investment fee and believe that it should be driven by peak or average demand. Councilor McDevitt moved to approved Resolution No. 03-08, Series of 2003, A Resolution approving an increase, exceeding the Denver/Boulder Consumer Price Index, for Plant Investment Fees charged to new customers by the Upper Eagle Regional Water Authority in conformance with the amended and restated Master Service Contract regarding water service i l the Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it passed with a majority vote (P. Buckley - nay). Regular Council Meeting Page 2 of 3 January 28, 2003 New Business The Council discussed the expense reimbursement agreement listed on the Consent Agenda. The formal request comes from The Kroger Company (owners of City Market) for assistance in issuing tax-exempt debt in order to refund previously issues tax-exempt debt for the purpose Councilor McDevitt believes that Kroger Company disregards Avon's comments on their general business practices by replacing their store brand with national brands. The Town has also requested that Kroger pay, sales tax. on A monthly, basis and they have not complied or responded,to that request. He would like to decline their request at,this time. Councilor Brown requested that dialogue be opened with Kroger Company. Councilor D. Buckley commented that, if the company would not comply with Avon's request, that the Town should approve their request and save the money. Staff would try to contact the appropriate people to come to the table. Councilor Brown moved to table the action on this item:- The motion was seconded and passed unanimously. Mayors Report The Council directed the Town Manager to contact the-County Commissioners regarding the use of - magnesium chloride on the roads they are maintaining. The would like the Commissioners to limit the use of this substance on the roads as well as notify the State of Colorado about limiting their use of this substance on their roads. Councilor P. Buckley commented on the fact that there was plenty of statistics stating that the substance is not harmful, but others did not agree with that. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor-D. Buckley moved to approve the consent agenda below. Councilor Brown seconded the motion and it passed unanimously. a. Approval of the January 14, 2003 Regular Council Meeting Minutes b. Pledge Agreement to Fund Summer 2003 Air Service Assistance Program There being no further business to come before the Council, the meeting adjourned at 6 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting January 28, 2003 of 3