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TC Minutes 11-25-1997L , MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 25, 1997 - 5:30 P.M. A regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Jack Fawcett at 5:34 PM. A roll call was taken with Councilors Jim Benson, Buz Reynolds, Sr., Buz Reynolds, Jr. and Mayor Protem Judy Yoder present. Councilors Richard Carnes and Bob McIlveen were absent. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Fire Chief Charlie Moore, Police Chief Gary Thomas, Finance Director Scott Wright, Director of Community Development Mike Matzko, and Administrative Assistant Jacquie Halburnt, as well as members of the press and public. Citizen Input: Avon Arts Council Presentation Ms. Gloria McRory thanked the Council for their support of the Avon Arts Council and detailed the locations of the various sculptures' through out town. Mayor Protem Judy Yoder, as recipient of an award from the National Center for Small Communities, donated the $1,000 award to the Avon-Arts Council. Citizen Input: Transfer Tax Exemption Request Mr. Mitchell Murad informed he has a,closing-; on.a Greenbrier'' unit, set for December 1st. Mr. Murad asked'Council what-the, effective date would be for the increase to the transfer tax exemption. Mayor Fawcett stated the effective date will be January 1st. Mr. Murad stated his developer,,Bobby Warner, thought it'would be December 16th or 17th and offered"to allow them to move in before closing and to charge them a $35 daily fee. Mr. Murad asked if there was any way, the January 1st date could be moved up. Mayor Fawcett-stated Couricil';would like to please every one, however there does-need to be a date specific. Mayor Fawcett added the Ordinance needs to be read twice; first tonight and then at the next Council meeting in two weeks - the second reading with public hearing. Once approved, on second reading, the Ordinance becomes effective seven days after posting and, this will be,past Mr. Murad's closing date. Mr. Murad thought this increase should have been done years ago. Ordinances: First Reading of Ordinance No. 97-12, Series of 1997, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO EXEMPTIONS FROM THE REAL ESTATE TRANSFER TAX Finance Director Scott Wright reviewed Ordinance No. 97-12, Series of 1997. In essence, this Ordinance would double the exemption from $80,000 to $160,0000. • • Councilor Benson motioned to approve first reading of Ordinance No. 97-12, Series of 1997, with Section 2, the effective date to be January 1, 1998. Councilor Yoder seconded the motion. Councilor Reynolds, Jr. expressed a conflict of interest, as a developer, and abstained from voting. Town Attorney Dunn read from the Municipal Code, "provides that for every member excused from voting, the quorum and total membership of Council shall be reduced by one for the purpose of action on each and every Ordinance . . . So, there is still a quorum with three and the Mayor does not vote. Mayor Fawcett called for a roll call vote. The motion carried with Councilor Reynolds, Jr. abstaining. Ordinances: First Reading of Ordinance No. 97-13, Series of 1997, AN ORDINANCE AMENDING THE BROOKSIDE PARK PLANNED UNIT DEVELOPMENT (PUD) TO LIST RESTAURANTS AS AN ALLOWED USE LOT 1, BROOKSIDE PARK, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko reviewed the Ordinance. Councilor Yoder asked about potential parking problems. Matzko responded they meet the Town parking code. Councilor Reynolds, Sr. motioned to approve first reading of Ordinance No. 97-13, Series of 1997. Councilor Yoder seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 97-14, Series of 1997, AN ORDINANCE AMENDING SECTION 17.20.020 C. OF THE AVON MUNICIPAL CODE TO ALLOW MEDICAL CENTERS / HOSPITALS AS A SPECIAL REVIEW USE IN THE TC (TOWN CENTER) ZONE DISTRICT, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko reviewed Ordinance No. 97-14. Councilor Benson motioned to approve first reading of Ordinance No. 97-14, Series of 1997. Councilor Reynolds, Jr. seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. 2 0 Ordinances: E First Reading of Ordinance No. 97-15,"Series of 1997,'AN ORDINANCE AMENDING SECTION 17.24.020 6. AND 17.24.020 8. OF THE AVON MUNICIPAL CODE'TO ALLOW PROJECTS WITH_RESERVED'PARKING SPACES TO BE ELIGIBLE FOR PARKING REDUCTIONS AND TO'CLARIFY'THAT SPECIAL REVIEW USES ARE ELIGIBLE FOR PARKING REDUCTIONS, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike'Matzko informed the applicant, Alfred Williams / ATS Joint Ventures, requested this matter be~withdrawn. Town Manager Report: Town Manager Bill Efting informed that he will know by tomorrow if Council is having dinner with the Vail Town Council next week.' The dinner is tentatively planned for December 4th. Consent Agenda: a.) Approval of the November 11, 1997 Council Meeting Minutes b.) Resolution No. 97-62,_Series of 1997, A RESOLUTION APPROVING'. THE FINAL PLAT, A RESUBDIVISION OF LOT 70, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO c.) Resolution No. 97=63, Series of 1997,,A RESOLUTION ADOPTING TRAFFIC CONTROL SCHEDULES FOR AVON ROAD PURSUANT'TO SECTIONS 1101 AND 1102 OF THE'MODEL TRAFFIC CODE d.) Approval of the Travis Creek Fire Contract e.) Financial Matters Councilor Reynolds, Sr. motioned to approve the consent agenda. Councilor Yoder seconded the motion and the motion carried unanimously. There being no further business to come before Council,. Mayor. Fawcett called for a motion to adjourn. Councilor Benson moved to adjourn. The motion, was seconded by Councilor,Yoder The meeting was adjourned by-Mayor Fawcett at 5:48 PM. Y SUBMITTED: Patty Lambe, CMC Town Clerk 3