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TC Minutes 11-27-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 27, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and, Council members present were Rich Carroll, Dave Dantas, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Kristi Ferraro absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe asked that the following changes be made: • Ordinance No. 07-17 be considered first in order to receive public input • Add to unfinished business the holiday lighting and public input at meetings discussion • Remove Resolution No. 07-42 from consent agenda and consider under Resolutions Town Attorney John Dunn asked if there were any ex parte conversations related to Village at Avon. Councilor Carroll noted a conversation; Councilor Underwood noted a conversation with Bobby Bank related to the agreement, Councilor Phillips noted a conversation with Bobby Bank related to process. CITIZEN AND COMMUNITY INPUT Mayor Wolfe asked for any public input on Ordinance No. 07-17, Amending Sections 3.12.020, and 3.12.060 of Avon Municipal Code, relating to exemptions from the Real Estate Transfer Tax, the following comments were heard: ➢ Chris Green, Avon resident, supported the compromise of the ordinance written and asked that consideration be given to all opportunities to assist the community with housing ➢ Leslie Rubising, resident of Avon, asked that the town reduce the transfer tax to 1 % ➢ Phil Struve, Avon resident, supports compromise on this topic, -supports reduction for local homeowners, but not for second homeowners; suggests building more Miller Ranch complexes as the real answer to the valley's housing problem ➢ Bill Carty, Vail Valley realtor, supported a compromise on this topic, sees it has having a larger impact on the buyers ➢ Buz Reynolds, Avon resident, supports compromise and providing incentives for keeping residents in Avon Mayor Wolfe closed public input on the topic. PUBLIC HEARING ON 2008 BUDGET Scott Wright, Asst. Town Manager Finance, noted that the Town Charter requires a public hearing prior to the 2008 budget adoption. Citizens have had access to the budget through budget retreat meetings, Avon Library, Avon's website. Major Highlights were noted on the following topics: General Fund and Department Services, Revenues, Expenditures, Balanced Budget, Property Tax Mill Rates and Revenues, Debt Service, Personnel, Subsidy in Transit Department increase. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. It was noted that if RETT revenues were decreased due to adoption of the proposed Ordinance No. 07-17, the 2008 budget may need to be revised during the 2008. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION PUBLIC HEARING on Village at Avon PUD Amendment: Eric Heidemann, Community Development Director, presented Ordinance No. 07-10 on second reading; An Ordinance recommending approval, with conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto. Mr. Heidemann noted that a letter to table the ordinance until January 22, 2008 was submitted by Munsey Ayers, Often, Johnson, Robinson, Neff and Ragonetti (letter dated November 21, 2007). He noted that at the last meeting on November 13, 2007, council approved the ordinance on first reading and staff was directed to work with the applicant to further negotiate the conditions set forth in the ordinance based on conversations held that night. A brief review of the timeline was made, noting that almost six months have passed since the application was deemed complete by the Community Development Department. It was noted that notice would be made again for the next public hearing on the ordinance. Mayor Wolfe opened the public hearing and the following comments were made: ➢ Bobby Bank, Avon resident, did not support the PUD amendment; requested a master . plan of the development asking that council deny the ordinance Mayor Wolfe closed the public hearing. Dominic Mauriello, on behalf of Traer Creek, addressed the. length of time passing in part is due to the holiday season. Council discussed the- suggested timeline for consideration of the application, noting that a progress update should be provided at the December 11th meeting. Councilor Dantas moved to table the consideration of Ordinance No. 07-10, Ordinance recommending approval, with conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, . Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto, to January 8, 2007; Councilor Phillips seconded the motion. Councilor Carroll asked that the notice would be made again to the public of the new hearing date and' recommended that the new hearing date be January 22, 2008. Both Councilors Dantas and Phillips agreed to the amendment to the motion and to change the date to January 22, 2008. The motion passed with a four to one roll call vote (Underwood- nay; Ferraro - absent). ORDINANCES Scott Wright, Assistant Town Manager Finance presented Ordinance No. 07-17, Series of 2007, First Reading, Ordinance Amending Sections 3.12.020 and 3.12.060, Avon Municipal Code, Relating to Exemptions from the Real Estate Transfer Tax. He noted that the legislation Amends Chapter 3.12 of the Town's Municipal Code by adding an additional exemption for town residences who have previously utilized the primary residence exemption and who are' now purchasing a subsequent primary residence within the Town as long as the applicant has met the requirements of the first exemption. The Town amended the code to allow for one year after the- date of closing to apply for the exemption. Some of Council's comments included the following: ➢ The language of the ordinance should align with that of Miller Ranch Project ➢ Some of the language does not coincide with language related to Avon's proposed housing guidelines ➢ Noted that RETT funds are used for capital projects that everyone benefits from ➢ Limit the language to the "buyer" only ➢ Limit the language to a maximum amount Regular Council Meeting Page 2 of 6 07-11-27 Councilor Underwood moved to approve on first reading Ordinance No. 07-17, Series of 2007, Ordinance Amending Sections 3.12.020 and 3.12.060, Avon Municipal Code, Relating to Exemptions from the Real Estate Transfer Tax with the following changes: 1. Eagle County Employee means an employee, working in Eagle County who works an average of at least thirty (30) hours per week 2. typo sisty to sixty 3. who has worked a minimum of five years in Eagle County for an average of at least thirty (30) hours per week on an annual basis 4. Section (16) b 1: An affidavit that the applicant's current primary residence used to satisfy the requirements of paragraph 15 is within the Town, that the applicant meets the definition of an Eagle County Employee, that the real property is being purchased for use as a new primary residence and not for investment, and the applicant is the purchaser of the primary residence; and, Mayor Pro Tem Sipes seconded the motion and it passed unanimously by those members_ present (Ferraro absent). John Dunn,, Town Attorney, presented Ordinance No. 07-11, Series of 2007, Second Reading, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon. He made a review of the proposed legislation which will establish regulations governing existing and new "Title 32" special districts, such as metro districts, water & sanitation districts, fire districts & recreation districts. He noted that it was tabled from the last meeting per a request fro Darlene Sisneros representing Traer Creek Metro District. He noted that further revisions, were made and outlined per his memo included in council's packet and that a further tabling has been requested by Darlene Sisneros, McGeady Sisneros. Further suggested changes were made by attorneys and incorporated into the ordinance, i.e. Page (7) of the special district ordinance - change from 42 days to 55 days; and reflect the change as well to the model service plan (page 7, section 16). Darlene Sisneros, McGeday Sisneros, further recommended changes to Page (4) to mill levy & the "mill levy cap" language, some discussion ensued on that request. Mayor Wolfe opened the public hearing and the following person spoke and letter were submitted into the record: • Michael Neary, Madison Partners who are the developers for the Folsom property, commented on the need for flexibility on this topic, asked for changes to the cap on the mill levy, encourages them to make development more feasible in Avon. Mayor Wolfe closed the public hearing. Further discussion ensued on the mill levy cap language and financing ability related to that language.. Councilor Underwood moved to approve Ordinance No., 07-11, Series of 2007, Second Reading, An Ordinance Relating to the Establishment of Special Districts within the Town of Avon with the following changes: ■ Page 3: 18.01.04 marked change per council packet enclosure Page 4: 18.01.05 Model Service Plan: (b)(2) The mill levy assessed by the District on real or personal property within the District shall be in an amount sufficient to satisfy only debt service and operations of the District. The burden shall be on the applicant to justify a proposed mill levy which exceeds the maximum mill levy set forth in the Model Service Plan. If a mill levy cap is imposed, the mill levy cap may be adjusted by the District to' take into account legislative or constitutionally Page 7: 18.01.05 Model Service Plan: (b)(20) include 55 days Page 16: 18.01.15 Amendment (last paragraph) - add "only" Page 17: Delete effective date section Regular Council Meeting Page 3 of 6 07-11-27 Councilor Dantas seconded the motion and it passed unanimously by those members present (Ferraro absent). Brian Kozak, Police Chief, presented Ordinance No. 07-14, Series of 2007, First Reading, An Ordinance Repealing And Reenacting Section 9.08.030 Of The Avon Municipal Code Relating To The Definition Of Larceny. Kozak noted that by changing the definition of Larceny in the Avon Municipal code, crimes with less than $1,000 can be heard in the Avon Municipal.Court; currently Avon Municipal Court is limited to hearing crimes involving a value of $30 or less. Mayor Pro Tern Sipes moved to approve Ordinance No. 07-14; Councilor Phillips seconded the motion and it passed unanimously by those members present (Ferraro absent) Brian Kozak, Police Chief, presented Ordinance No. 07-15, Series, of 2007, First Reading, An Ordinance Enacting Section 1.08.015 Of The Avon Municipal Code Relating To A Law Enforcement Training Surcharge. It was noted that the proposed surcharge imposed, for violations of the Avon Municipal Code would be used to reimburse the Town for training expenses of the police department. Mayor Pro Tern Sipes moved to approve Ordinance No. 07- 15; Councilor Phillips seconded the motion and it passed unanimously by those members present (Ferraro absent) Town Engineer Justin Hildreth presented Ordinance No. 07-16, Series of 2007, First Reading, An Ordinance Amending Section 17.44.040 Of The Avon Municipal Code To Reference The December 4, 2007 Flood Insurance Rate Map (Firm) For Eagle County And Incorporated Areas He noted that the FIRM is a map provided by FEMA which delegates the floodplain; the current municipal code refers to the FIRM dated August 19,1987 and should refer to the new map dated December 4, 2007 The most recent passage adopted the 1987 version; this ordinance adopts a newly revised map. Councilor Underwood moved to approve Ordinance No. 07-16; Councilor Dantas seconded the motion and it passed unanimously by those members present (Ferraro absent) RESOLUTIONS John Dunn, Town Attorney, presented Resolution No. 07-39, Series of 2007, Resolution approving Service Model Plan noting some of the following proposed changes that need to be made to the resolution based on the earlier discussion about'the ordinance. Councilor Underwood moved to approve Resolution No. 07-39, Series of 2007, Resolution approving -Service Model Plan with changes noted as follows: Page 7: Section V (16) should be 55 days not 42 days Page 9: Section VI (D) for both debt service & operating purposes and other typos as noted by town attorney Councilor Phillips seconded the motion and it passed unanimously by those members present (Ferraro absent). Town Manager Larry Brooks presented Resolution No. 07-42, Resolution approving a down payment assistance program, as requested by the Town Council during the budget retreat. He noted that the program is for selected employees of the town, for commissioned police officers & department heads. He noted the exhibit which explains the loan format of the program and the funds come from Avon's housing fund. He noted that other documents from other agencies are being compiled, the program has been reviewed by Sherman & Howard, and the town will recover funds from interest or appreciation of the property. Again, he noted that this is an Regular Council Meeting Page 4 of 6 07-11-27 opportunity to help vital employees to keep the communities functioning as a town - directly affecting the health & safety of the citizens and in response the difficulties that exist with recruiting and retention. Councilor Dantas noted that it should be- clear that the employee pays for the appraisals and to include language to that effect. Councilor Underwood noted that the residency requirements be outlined in the guidelines & not in the resolution. Mayor Pro Tem Sipes moved to approve Resolution ;No. 07-42, Series of 2007, A Resolution approving the Town of Avon Down Payment Assistance Program. Councilor Underwood seconded the motion and it passed unanimously by those members present (Ferraro absent). NEW BUSINESS John Dunn, Town Attorney, presented the information related' to the Eaglebend Exclusion, a review of Citizens' Petitions requesting exclusion from Eagle-Vail Metropolitan District and proceedings related to the request. He noted that a meeting would be arranged with EVMD to discuss the request. He noted that the meetings will take place prior to meeting in district court in order to work with parties to agree to mutually agreeable situation. The council would be kept updated as to the progress on this effort. UNFINISHED BUSINESS Two topics were discussed: 1) when to obtain Public comments and the ,holiday lighting contest. MAYOR REPORT Mayor Wolfe reported on a meeting with the USFS appraiser; he provided an updated on that meeting. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Mayor Pro Tern Sipes commented on the agreement with Victor Mark Donaldson, noting several concerns related to contract administration; Budget contingency, costs estimating, and a request to include more LEED speck building parameters. The item was removed from the consent agenda. Councilor Underwood moved to adopt the consent agenda without the proposal from Mark Donaldson; Councilor Carroll seconded and the motion and it passed unanimously (Ferraro absent). a. Minutes from November 13, 2007 b.' Proposal for Base Mapping and Design Services for,*Avon Recreation Center from Victor Mark Donaldson Architects (Shane Pegram, Engineer 1), c. -Proposal of Budgetary Changes to 2007 Capital Improvements Projects (Justin Hildreth, Town Engineer) Regular Council Meeting Page 5 of 6 07-11-27 ' There being no further business to come before the Council, the meeting was adjourned at 8:30 PM. RESPECTFULLY SUBMITTED: APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe _ Regular Council Meeting 07-11-27 - , Town Clerk Page 6 of 6