TC Minutes 06-22-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 22, 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 Halbumt, 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
Special Events Coordinator Fraidy Aber presented an update to the events that have taken
place and the events that will be taking place over the remainder of the summer, i.e. Great Race
Event, July 0 celebration, Triple Bypass Bicycle Tour, Thunderbird Art and Wine Affair.
Senior Planner Tambi Katieb presented an update to the Avon's Comprehensive Plan Process.
A meeting is scheduled for June 2e whereby the steering committee is asking for community
input. He noted the meeting would be held in the Council Room.
Mayor Reynolds acknowledged that most of the people in the audience were present to provide
their input on the raising of the flagpole by Traer Creek, LLC. The following people approached
the podium with comments regarding this action by Traer Creek: Paul Helens who read a letter
from the Eagle-Vail Homeowner Association, Jeb Jennings read letter from Steve Sheldon,
Craig McLeod, Andrew Catford, Henri Stone, John Perkinds, Ken Pierson, Jim Newsom, John
Ladwau, Brett Pierson, Walter Dandy, Charlie Penwheel, Don Schefeck, Dave Svabik,
Camerson Hancock, Tom Bassatt, Clark Shively, Magnus Lindholm, Tamara Underwood. (The
minutes try to reflect the majority of the people who spoke on this topic, note some spellings of
names may not be correct). At this time, Town Attorney John Dunn made a brief statement and
noted for the public that most often "flagpoles" are considered as a "use by right" and owners of
property have a right to use a flagpole and that there is no review process for this use. He
noted that the height has been the concern, but under the PUD zoning guide, the Village does
not have a height limitation for this type of structure. Town staff concluded that no height
limitation existed with regard to this and therefore, there is nothing the Town can do about this
situation. The property owner has the right to do this and it does not violate any of the Town's
ordinances. Almost all of the comments were in opposition to-the flagpole erected by Traer
Creek, LLC mostly due to its height, concerns over lighting of the flagpole, noise associated with
the size of the flag, exploitation of the flag, etc. Some requests were made of the Town Council
to ask the developer to remove the flagpole and some requests were made that the Council not
attend the dedication ceremonies on July 3rd. There were a couple of people who spoke out in
support of the flagpole. Magnus Lindholm spent a few minutes explaining the reason behind the
flagpole. Mayor Reynolds thanked the audience for attending and providing input.
Ordinances
Town Attorney John Dunn presented on first reading Ordinance No. 04-08, Series of 2004, An
Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a
Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the
Council requested that legislation be drafted to accommodate a refund for those people who
paid the exemption in error. Finance Director Scott Wright noted that a line item in, the CIP
Fund would provide the accounting mechanism to handle this type of transaction. He also
noted that a letter has been sent to the title companies in Eagle County alerting them to this
exemption. Some discussion ensued about the- responsibility of the title companies to manage
this piece of the transaction. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-08,
Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of
Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error.
Councilor Wolfe seconded the motion and it passed unanimously.
New Business
Finance Director Scott Wright noted that auditors Clifton Gunderson presented the Town's 2003
audited Financial Statements at the earlier held, work session and a motion to accept them was
in order. He noted that the Town complied with all of the reporting requirements as required by
GASB. Councilor Wolfe moved to accept the Town of Avon's 2003 Audited Financial
Statements. Councilor D. Buckley seconded the motion and it passed unanimously.
Other Business
Councilor P. Buckley noted that the 2004 Beaver Creek Rodeo Series begins on Thursday and
invited all to attend this fun event. Mayor Reynolds highlighted the festivities of July 4t'
weekend.
Unfinished Business
Councilor Wolfe made a statement regarding the erection of the flagpole in that he objected to
the design of the flagpole, but supported the dedication services of the flagpole. He asked that
everyone support the dedication service to be held on Saturday, July 3 . He expressed his
reasons for not liking the pole and expressed that a step was missed on behalf of the town in
the process. Resident Tamara Underwood expressed that not only was the size of concern but
the location was of concern as well, she had understood that it was to be erected in the park
and was very disappointed in its current location.
Town Manager Report
Town Manager Larry Brooks invited all interested citizens to attend & provide input on a
feasibility study on a community recreation center at Berry Creek / Miller Ranch at meetings to
be `held on Thursday, June 24th and Wednesday, June 30"'. He expressed concern in that
duplication of services provided in Avon at that location would have an impact on the existing
facility in Avon. He also mentioned the that there would be a public meeting to be held this next
Thursday to discuss Nottingham Road improvements.
Attorney Report
Town Attorney John Dunn noted that the Town & Traer Creek, LLC have reached an agreement
on the calculation of the municipal services invoice. A meeting will take place next week to
further discuss this topic. He will be attending CIVIL conference next week.
Mayor Report
Mayor Reynolds spoke about the difficulty with the flagpole issue and that maybe the developer
would listen to some of what was said that evening.
Regular Council Meeting Page 2 of 3
June 22, 2004
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. - Mayor Pro Tern McDevitt moved
to adopt the consent agenda. Councilor Sipes seconded the motion and it passed unanimously.
a. Approval of the June 8, 2004 Regular Council Meeting Minutes
b. East Beaver Creek Blvd. Street Improvements - Easement Appraisals Valuation Consultants, Inc.
Appraisal Services Proposal
c. Resolution No. 0422, Series of 2004, Resolution Declaring the East Beaver Creek Boulevard
(East Avon Phase II) Streetscape Improvements to be in Pursuance of a Public Purpose, and
Authorizing all steps necessary and proper for acquisition of all Interest, Rights of Way and/or
Easements, needed to construct such Improvements
d. Resolution No. 04-23, Series of 2004, Resolution Declaring the Nottingham Road Improvements
(Phase 1) to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and
Proper for Acquisition of All Interests, Rights of Way, and/or Easements needed to Construct
Such Improvements
e. Resolution No. 04-24, Series of 2004, Resolution approving the Final Plat, A Resubdivision of Lot
75, Block 1, Wildridge, Avon, Eagle County f. 2004 Street Repair & Improvements, B&B Excavating, Inc. - Construction Contract
g. 2004 Street Repair & Improvements - Change Order One
h. Music Contracts for Salute to U.S.A.
There being no further business to come before the Council, the meeting adjourned at 7 PM.
RMECT LLY SUBMITTED:
Pa enny, wn Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
June 22, 2004