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TC Minutes 08-27-20020 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 27, 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 Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Mayor Pro Tern Buz Reynolds present. 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, and Planner Tambi Katieb, as well as members of the press and public. Citizen Input Julie Kessenich, Recreation Center Coordinator, presented an update to the Council on the triathlon that takes place on Sunday, September 8, 2002. Currently there are over 200 entries in the race. It was noted that this date was also the same date as that of the fundraiser bike race for ECO Trails. Councilor P. Buckley requested that next year maybe the planners of the two events could coordinate so that the dates would not be the same. Ron Wolfe, resident of Avon, P&Z Commissioner, and candidate for Town Council, was present to address the Council about the, budgeting process and the need for leadership at this time. He also made a recommendation that Council members consider returning their compensation due to the current budget constraints. Ordinances Town Attorney John Dunn presented Ordinance No. 02-18 for second reading and highlighted the changes made to the Ordinance- between first and second reading. He reviewed the memo included in Council's packet and explained the revisions made in the following sections: Section 3:08.030E.(20 Sections 3.08.030E. (2) (a), (b), and (c) Section 3.08.030 E. (4) and (5) Section 3.08.030 E. (3) Section 3.08.035 Mayor Judy Yoder opened the public hearing and comments were taken from the public. George Pavlick, Avon resident, does not support the use tax and believes it targets one group of people, the building community. He thinks that is unfair and consideration should be given to other increases in other taxes. Ron Wolfe, Avon resident, commented that the question is a fundamentally good idea; however, he had a few issues with the definition and the question. He thought that there should have been some additional fine-tuning to the question before sending it to the ballot. He believes it should be a decision of the town's residents. • Mayor Yoder closed the public hearings and opened the floor to Council discussion. Councilor McDevitt asked for the definition of "construction materials". Attorney John Dunn read the definition from the Municipal Code Book.. In essence, the definition includes construction materials to mean everything that comes to make the building. Councilor McDevitt commented on his reservations about the issue, especially in light of his candidacy for Town Council. In summary, he thought it was not really a tax on the construction industry per se but rather a tax on growth for both the residential and commercial industry. He encouraged fellow Council members to vote in support of the Ordinance. Councilor Reynolds commented on the issue by showing support of the builders of the community. He thinks the cost of construction has gotten way out of hand and this tax just adds to that cost. He believes that users of certain services should be responsible for paying for those services, i.e. bus service. He would prefer to find other avenues to balance the budget. Councilor D. Buckley supported the Ordinance and also agreed with Council McDevitt. She thinks the voters of Avon should decide whether or not to implement the tax. Councilor P. Buckley does not support any new taxes. He does not think the Council has done its due diligence yet. He believes there are other alternatives for revenue sources. Councilor Brown does not support the use tax. He believes it targets people wanting to build a house. He does not think that Avon should be in a panic mode and that implementing this tax is just a knee jerk reaction to the budget problems. Councilor Sipes, also a candidate for Avon Council, endorsed this tax. He does not believe that growth is over. He prefers to close the loop on growth and would prefer passage of this consumptive tax rather than the passage or increase of other taxes. He believes the voters of Avon should decide this issue. Judy Yoder supported the question and believes it is a growth question. Councilor D. Buckley moved to approve Ordinance No. 02-18, Series 2002 - An Ordinance Adding a Use Tax on Construction Materials. Councilor McDevitt seconded the motion and it passed with the majority of votes as follows: Aye: Buckley, McDevitt, Sipes, Yoder Nay: P. Buckley, Reynolds, Brown Ruth Borne presented Ordinance No. 02-19, Series 2002 for first reading. She noted the applicant, LB Chapel Square, LLC submitted a PUD amendment to amend the Chapel Square PUD to remove "Note 16" and replace it with the note as outlined in the Ordinance and to remove the "Chapel" designation from the zoning documents to allow for the construction of a loading dock to serve Building C. Applicant Dominic Mauriello, BAI/Braun Associates presented some historical information as well as outlined the intent of the application. As everyone was aware, the property reverted back to the lien holders and the current property managers are trying to improve the building. After some discussion regarding the painting of the building and the improvements required at the existing Wa1Mart building, a motion was made. Regular Council Meeting Page 2 of 4 August 27, 2002 i • Councilor Brown moved to approve on first reading Ordinance No. 02-19, Series 2002 - An Ordinance approving an amendment of the Chapel Square Planned Unit Development (PUD) for Lots 22, 22A, 22B, Tracts A; B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Sipes seconded the motion and the motion passed unanimously. Planner Tambi Katieb presented Ordinance No. 02-20, Series 2002 for first reading. He noted that the applicant, Suites at Avon LLC, submitted a PUD development plan to re-establish a PUD Development Plan for Lot B. The history of this proposal includes approval of Lot B PUD via a Development Agreement on September 19, 1998, and subsequent approval of a Preliminary Development Plan for this project on December 3, 1998 by Ordinance No. 98-23. Additionally, a final development plan was, approved by Ordinance 99-3 (effective on February 23, 1999). This final development ,plan has since expired and the project proponents are now seeking to reestablish this final development plan. Stuart Borne, VP of Shapiro development, was present to answer questions from Council. He noted the land was under contract with a group of developers from Florida and that they have hired him as the consultant for the project. Discussion ensued on a number of issues such as the reduction in commercial space, how the residential units work for the project and parking. Councilor D. Buckley moved to approve on first reading Ordinance No. 02-20, Series 2002 - An Ordinance approving a PUD Development Plan for the Lot B Planned Unit Development (PUD) for Lot B, Avon Center at Beaver Creek, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed with a majority vote as follows: Aye: Brown, Buckley, McDevitt, Yoder Nay: P. Buckley, Reynolds, Sipes Resolutions Attorney John Dunn presented Resolution No. 02-39, Series 2002 noting that the Resolution was a requirement in certifying the question for the November 5t' ballot. Councilor D. Buckley moved to approve Resolution No. 02-39 - A Resolution Submitting a Ballot Question at the Coordinated Election of November 5, 2002. Councilor McDevitt seconded the motion and it passed with a majority vote as follows: Aye: Buckley, McDevitt, Sipes, Yoder Nay: P. Buckley, Reynolds, Brown Town Manager Report Bill Efting reminded the Council and public that a public meeting would be held on September 18, 2002 with Avon business owners to discuss revenue options for the Town of Avon. The meeting would be held in the Council Chambers. Mayors Report Mayor Judy Yoder congratulated the 12 candidates running for Avon Town Council. She noted that a "Candidate Forum" would be held on October 8, 2002. Regular Council Meeting Page 3 of 4 August 27, 2002 Other Business Councilor Buckley invited the public to attend a bike race fundraiser for ECO trails on September 8, 2002. - Councilor P. Buckley presented pictures and raised the junkyard issue that exists at the Confluence. He would like to see the area cleaned up as soon as possible. Consent Agenda,, a. Approval of the August 13, 2002 Council Meeting Minutes b. Resolution No. 02-40, Series 2002 - A Resolution Accepting Public Improvements and releasing Securities held during the Warranty, Period in Accordance with the Subdivision Improvement Agreement for the Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado d. East Avon Access & Circulation Streetscape Improvements - Change Order #8 e. The Village (at Avon) Filing 2 - Buffalo Ridge - Dedication of Utility Easement Mayor Yoder noted that Item C be removed from the list of Consent Agenda items. She then asked for a motion on the Consent Agenda. Councilor Brown moved to approve the Consent Agenda. Councilor Buckley seconded the motion. The motion was carried unanimously. There being no further business to come before the Council, Councilor McDevitt moved to adjourn the meeting. Councilor Buckley seconded the motion. The meeting adjourned at 6:45 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting Page 4 of 4 August 27, 2002 RESPKTFULLY SUBMITTED: