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TC Minutes 07-23-20020 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 23, 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. Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Mayor Judy Yoder and Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, Buz Reynolds and Brian Sipes present. Absent was Michael Brown. Also present were Town Managet Bill Elting, Assistant Town Manager, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs; Public Works 'D irector Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Jacque Halburnt noted that the Avon Community picnic and the opening of the 20-year-old time capsule would take place on August 8, 2002 at noon. and 3 pm respectively. Mayor Judy Yoder presented the following employees with bonus awards for jobs well done, Dorothy Martinez, Chris Phillips, Michelle Schlund, Ken Smith, and Shawn Weisensel. She thanked them for their extra efforts on behalf of the Town of Avon. , Ron Wolfe, resident of Avon, presented his comments about the proposed use tax questions. He asked that the Council clarify how the tax will work with respect to materials purchased outside of the Town and within the Village at Avon limits. Rick Sackbauer, Chairman of the Eagle River Water and Sanitation District Board, submitted a letter to Town Council addressing a number of issues the Town and the District have been working on cooperatively. He also presented an executed original of the Agreement between ERWSD and the Town which addresses the odor control situation to be considered at tonight's meeting. George Pavlik, builder in Avon, opposed the use tax and also asked for some clarification on the tax. He did not think the Town would collect a substantial amount of revenue from this tax. Kathleen Walsh, resident of Avon, presented her comments on several topics, i.e. dust control that needs enforcement, the timeframe for completion of the cul-de-sac, and the proposed use tax and the possibility of getting back some of the sales tax from the Village project. Chris Evans, resident & Chairman of Planning & Zoning Commission expressed his concern about the use tax. Requested some clarification on the ordinance. Presented his examples of how the tax will impact the building costs and process. He does not support the use tax. Dave and Mike Dantas, builders in Avon, are both against the use tax and see the Town targeting one type of business to raise revenues. 0 • Ordinances Community Development Director Ruth Borne presented on second 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 without lapsing the currently approved PUD, which expires august 3, 2002. Mayor Judy Yoder opened the public hearing, no comments were made, and the hearing was closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-17, Series 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision. Councilor Sipes seconded the motion and it passed unanimously by those present (Brown absent). Town Attorney John Dunn presented on second 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. If the agreement is approved, the District also agreed to dismiss the pending lawsuit with the Town. The agreement was included as a Consent Item for Council consideration later in the meeting. Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor P. Buckley moved to approve on second 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 McDevitt moved to second the motion and it passed unanimously by those members present (Brown absent). Council considered on second reading Ordinance 02-14, Series of 2002 pertaining to the real estate transfer tax. John Dunn noted that 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). No changes were made from first reading. Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve on second 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 McDevitt seconded the motion and it passed unanimously by those members present (Brown absent). Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials on second reading was presented to the Council by Town Attorney John Dunn. 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. At this time, staff requested that Council table the Ordinance until the next Council meeting (August 13th) due to ongoing discussion the Town is having with the Village at Avon people about the implications of such a tax. Regular Council Meeting Page 2 of 4 July 23, 2002 Mayor Judy Yoder opened the public hearing, there were no comments made, and the hearing was closed. Councilor P. Buckley moved to immediately stop discussing this proposed ballot question and asked for a second on his motion. There was not second. Councilor D. Buckley moved to table Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials to the next regularly scheduled Council meeting on August 13'`. Council McDevitt seconded the motion to table the Ordinance. A roll call was taken and the motion passed with a four to one vote (D. Buckley, McDevitt, Reynolds, Sipes - yea; P. Buckley - nay; Brown absent). New Business Community Development Director Ruth Borne presented an appeal of a final design for the Farr Residence, Lot 40 Block 3, Wildridge Subdivision, 4540 Flat Point Circle. She noted that on June 4, 2002 the Planning & Zoning Commission approved the sketch design plan for single family resident on Lot 40, Block 3, Wildridge, as proposed by owner Michael Farr. The property is zoned for a duplex, however; only a single-family home is being proposed. Adjacent property owners Chris Cook, Dave Wilkison and John Eschenlohr attended the sketch plan hearing and voiced their concerns with the proposed massing and siting of the project. The sketch design plan was unanimously approved. On July 2, 2002, the final design plan was reviewed by the P&Z. Cook and Eschenlohr attended the hearing and objected to the project. Staff and the P&Z found the project was in substantial compliance with the Town of Avon Residential, Commercial and Industrial Design Review Guidelines and the final design plan was unanimously approved. Ruth noted several P&Z members were present at this meeting as well. Chris Cook and Dave Wilkison, adjacent property owners, were both present to make comments. Their concerns centered on the lot grade and how the property should be contoured to the natural slope of the lot. Their position is that P&Z members should have given this issue more attention and provided a chance for some dialogue about their concerns. Council noted that the current plans do comply with the current guidelines. The parties asked that the Council reconsider the decision made by P&Z. Chris Evans presented the Commission's basis for the P&Z Commission's approval. After reviewing the plans, the Commission found that the project was in substantial compliance with the design review guidelines. They did not find any reason to deny this project in its current state. They support an effort made by the applicant and the adjacent property owners to continue to resolve their differences. Councilor Sipes moved to deny the appeal of the decision made by Planning & Zoning for the final design for the Farr Residence, Lot 40, Block 3, 4540 Flat Point Circle, made by property owners, Cook, Wilkison, Eschenlohr. Councilor D. Buckley moved to second the motion and it passed unanimously by those members present (Brown absent). Mayor Report Again Mayor Yoder reminded the public about the Community picnic and the time capsule event on August 8, 2002. Regular Council Meeting Page 3 of 4 July 23, 2002 • • Other Business Mayor Yoder informed the public that during the Work Session the Town Council discussed at length the proposed transit fee increase. The Town Council has decided to reconsider implementing the increase at this time. Council D. Buckley moved to table the plan to charge for buses until after the November election. She is hopeful" that a new funding source will be approved with the use tax. Councilor P. Buckley moved to second the motion. Councilor McDevitt added that this action is only in place as a waiting tactic and that a new funding source is still imperative in order to continue to fund transit services in the current capacity. Councilor D. Buckley asked for another public hearing forum to discuss these issues where ideas can be raised and discussed by the public. Mayor Yoder suggested such a meeting after the vote was taken on the proposed use tax question. A vote was taken and the motion passed unanimously by those members present (Brown absent). Councilor D. Buckley noted that the motion was just to table the increase and that the vote will come before the Council again in the future. Consent Agenda a. Approval of the July 9, 2002 Council Meeting Minutes b. Approval of Intergovernmental Agreement with Eagle River Water & Sanitation District (Odor Control within the Avon Town Limits) C. East Avon Access & Circulation Streetscape Improvements Change Order No. 6 d. Resolution No. 02-35, Series of 2002, A Resolution to Amend the 2002 Town of Avon Budget e. Resolution No. 02-36, Series 2002, A Resolution Authorizing the Town of Avon to participate in the Coordinated Election of November 5, 2002. Mayor Judy Yoder asked for a motion on the Consent Agenda. Councilor Reynolds moved to approve the Consent Agenda. Councilor D. Buckley seconded the motion. The motion was carried unanimously. (Brown absent). There being no further business to come before the Council, the meeting adjourned at 6:25 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting Page 4 of 4 July 23, 2002