TC Minutes 07-09-2002MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 9, 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. . 'I
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors
Michael Brown, Debbie Buckley, Peter Buckley, Buz Reynolds and Brian Sipes present. Absent
was Mac McDevitt. Also present were Town Manager Bill Efting, Assistant Town Manager
Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource
Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs,
Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development
Director Ruth Borne, as well as members of the press and public.
Citizen Input
Julie Kessenich, Avon's Recreation Coordinator, presented a status report on the 4th of July
celebration and an update to two special events, the Thunderbird Artist Festival and the Triple
Bypass Bicycle Race.
Scott Fulton, Charter Sports, presented a letter to the Council in response to the article in the
newspaper addressing transit issues. He indicated their concern over charging the guests for
transit services and that it was sending the wrong message. He asked that Charter Sports be
included on future discussions on the topics of revenues sources and transit services.
Public Hearing
Post Boulevard Public Right of Way Annexation:
Community Development Director Ruth Borne presented Resolution No. 02-27, Series 2002.
The Resolution is designed to determine that the Colorado Revised Statues have been complied
with regarding eligibility for annexation and other statutory requirements in the Petition for
Annexation filed by Traer Creek Metro District, Edinburgh Corporation and Margaret Beyer,
Personal representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for
the Post Boulevard Public Right of Way.
Mayor Yoder opened the public hearing for comments, no comments were made and the hearing
was closed. Councilor D. Buckley moved to approve Resolution No. 02-27, Series 2002 - A
Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the
annexation of certain property as described in the Post Boulevard Public Right of Way Petition
for Annexation. Councilor Brown seconded the motion and it passed unanimously by those
present (McDevitt absent).
Community Development Director Ruth Borne presented on second reading Ordinance No. 02-
09, Series 2062. The purpose of the Ordinance and the public hearing is to finalize the
annexation of the property contained in the petition to the Town.
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Mayor Yoder opened the public hearing for comments, no comments were made and the hearing
was closed. Councilor D. Buckley moved to approve Ordinance 'No. 02-09, Series 2002 on
second reading - An Ordinance Concerning The Annexation To The Town Of Avon, Colorado,
Of Certain Property As Described In The Post Boulevard Public Right Of Way Petition For
Annexation. Councilor Brown seconded the motion and it passed unanimously by those present
(McDevitt absent).
Lot 6, McGrady Acres Annexation:
Community Development Director Ruth Borne presented Resolution No. 02-28, Series 2002.
The Resolution is designed to determine that the Colorado Revised Statues have been complied
with regarding eligibility for annexation and other statutory" requirements in the Petition for
Annexation filed Edinburgh Corporation.
Mayor Yoder opened the public hearing for comments, no comments were made and the hearing
was closed. Councilor Reynolds moved to approve Resolution No. 02-28, Series 2002 - A
Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the
annexation of certain property as described as the Lot 6, McCrady Acres Petition for
Annexation. Councilor Sipes seconded the motion and it passed unanimously by those present
(McDevitt absent).
Community Development Director Ruth Borne presented on second reading Ordinance No. 02-
10, Series 2002. The purpose of the Ordinance and the public hearing is to finalize the
annexation of the property contained in the petition to the Town.
Mayor Yoder opened the public hearing for comments, no comments were made and the hearing
was closed. Councilor D. Buckley moved to approve Ordinance No. 02-10, Series 2002 on
second reading - An Ordinance Concerning The Annexation To The Town Of Avon, Colorado,
Of Certain Property As described As Lot 6, McCrady Acres Petition For Annexation. Councilor
Brown seconded the motion and it passed unanimously by those present (McDevitt absent).
Community Development Director Ruth Borne presented on second reading Ordinance No. 02-
15, -Series 2002. Applicant Edinburgh Corporation owns Lot 6 of the McCrady Acres
Subdivision and are seeking to assign Neighborhood Commercial Zoning to the property which
is being annexed into the Town concurrently with this application.
Mayor Yoder opened the public hearing for comments, no comments were made and the hearing
was closed. Councilor Sipes moved to approve Ordinance No. 02-15, Series 2002 on second
reading - An Ordinance approving Neighborhood Commercial Zoning for Lot 6 of McGrady
Acres Subdivision, Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the
motion and it passed unanimously by those present (McDevitt absent).
Ordinances
Community Development Director Ruth Borne presented on first 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
Regular Council Meeting Page 2 of 4
July 9, 2002
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without lapsing the currently approved PUD, which expires august 3, 2002. A public hearing
will be scheduled in 2 weeks.
Councilor Reynolds moved to approve Ordinance No. 02-17, Series 2002 - An Ordinance
Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision.
Councilor D. Buckley seconded the motion and it passed unanimously by those present
(McDevitt absent).
Town Attorney John Dunn presented on first 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. It was noted that further
discussion would be held and some minor changes might be made, so the agreement would be
considered at the next meeting.
Councilor D. Buckley moved to approve on first 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 Brown moved to second the motion and it passed
unanimously by those members present (McDevitt absent).
Finance Director Scott Wright presented on first reading Ordinance 02-14, Series of 2002
pertaining to the real estate transfer tax. 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).
Councilor Reynolds moved to approve on first 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 D. Buckley seconded the motion and it passed unanimously by those members present
(McDevitt absent).
Ordinance 02-18, Series of 2002 - An Ordinance-Adding a Use Tax• on Construction Materials
on first reading was presented to the Council. 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.
Councilor Reynolds moved to approve Ordinance 027-18, Series of 2002 - An Ordinance Adding
a Use Tax on Construction Materials on first reading. Council D. Buckley seconded the motion
and it passed with a three to two vote (D. Buckley, Reynolds, Sipes - yea; Brown, P. Buckley -
nay; McDevitt absent).
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July 9, 2002
New Business
Mayor Yoder asked for Council consideration of the Intergovernmental Agreement (IGA) with
Eagle River Water & Sanitation District (ERWSD) as a new business item instead of as a
consent calendar item. Due to some possible changes in the agreement, Councilor Reynolds
moved to table consideration of the IGA with ERWSD. Council D. Buckley seconded the
motion and it passed unanimously by those pre sent (McDevitt absent).
Town Manager Report
Town Manager Bill Efting reported that the Town's community picnic would be rescheduled to
August 8, 2002 at which time a 20-year time capsule would be opened.
Mayor Report
Mayor Judy Yoder elaborated on the time capsule which was buried 20 years ago at.Benchmark
Plaza. She invited the public to join the Council at the community picnic when the capsule
would be opened.
Consent Agenda
a. Approval of the June 25, 2002 Council Meeting Minutes
b. Resolution No. 02-34, Series 2002 - An Easement Agreement Between the Town of
Avon and Tanavon Corporation for a Portion of Tract A, Wildridge Subdivision, Town of
Avon, Colorado
C. Approval of I.G.A. with Eagle River Sanitation District (moved to New Business)
Mayor Pro Tem Reynolds asked for a motion on the Consent Agenda. Councilor Brown moved
to approve the Consent Agenda. Councilor D. Buckley seconded the motion. The motion was
carried unanimously. (McDevitt absent).
There being no further business to come before the ggncil, the meeting adjourned at 6 PM.
y, Town
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Ay
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Regular Council Meeting
July 9, 2002
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