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TC Minutes 06-22-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 22, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halbumt, Town Clerk Patty McKenny, Community Development Director & Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff Layman, Public, Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Citizen Input Special Events Coordinator Fraidy Aber presented an update to the events that have taken place and the events that will be taking place over the remainder of the summer, i.e. Great Race Event, July 0 celebration, Triple Bypass Bicycle Tour, Thunderbird Art and Wine Affair. Senior Planner Tambi Katieb presented an update to the Avon's Comprehensive Plan Process. A meeting is scheduled for June 2e whereby the steering committee is asking for community input. He noted the meeting would be held in the Council Room. Mayor Reynolds acknowledged that most of the people in the audience were present to provide their input on the raising of the flagpole by Traer Creek, LLC. The following people approached the podium with comments regarding this action by Traer Creek: Paul Helens who read a letter from the Eagle-Vail Homeowner Association, Jeb Jennings read letter from Steve Sheldon, Craig McLeod, Andrew Catford, Henri Stone, John Perkinds, Ken Pierson, Jim Newsom, John Ladwau, Brett Pierson, Walter Dandy, Charlie Penwheel, Don Schefeck, Dave Svabik, Camerson Hancock, Tom Bassatt, Clark Shively, Magnus Lindholm, Tamara Underwood. (The minutes try to reflect the majority of the people who spoke on this topic, note some spellings of names may not be correct). At this time, Town Attorney John Dunn made a brief statement and noted for the public that most often "flagpoles" are considered as a "use by right" and owners of property have a right to use a flagpole and that there is no review process for this use. He noted that the height has been the concern, but under the PUD zoning guide, the Village does not have a height limitation for this type of structure. Town staff concluded that no height limitation existed with regard to this and therefore, there is nothing the Town can do about this situation. The property owner has the right to do this and it does not violate any of the Town's ordinances. Almost all of the comments were in opposition to-the flagpole erected by Traer Creek, LLC mostly due to its height, concerns over lighting of the flagpole, noise associated with the size of the flag, exploitation of the flag, etc. Some requests were made of the Town Council to ask the developer to remove the flagpole and some requests were made that the Council not attend the dedication ceremonies on July 3rd. There were a couple of people who spoke out in support of the flagpole. Magnus Lindholm spent a few minutes explaining the reason behind the flagpole. Mayor Reynolds thanked the audience for attending and providing input. Ordinances Town Attorney John Dunn presented on first reading Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the Council requested that legislation be drafted to accommodate a refund for those people who paid the exemption in error. Finance Director Scott Wright noted that a line item in, the CIP Fund would provide the accounting mechanism to handle this type of transaction. He also noted that a letter has been sent to the title companies in Eagle County alerting them to this exemption. Some discussion ensued about the- responsibility of the title companies to manage this piece of the transaction. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. Councilor Wolfe seconded the motion and it passed unanimously. New Business Finance Director Scott Wright noted that auditors Clifton Gunderson presented the Town's 2003 audited Financial Statements at the earlier held, work session and a motion to accept them was in order. He noted that the Town complied with all of the reporting requirements as required by GASB. Councilor Wolfe moved to accept the Town of Avon's 2003 Audited Financial Statements. Councilor D. Buckley seconded the motion and it passed unanimously. Other Business Councilor P. Buckley noted that the 2004 Beaver Creek Rodeo Series begins on Thursday and invited all to attend this fun event. Mayor Reynolds highlighted the festivities of July 4t' weekend. Unfinished Business Councilor Wolfe made a statement regarding the erection of the flagpole in that he objected to the design of the flagpole, but supported the dedication services of the flagpole. He asked that everyone support the dedication service to be held on Saturday, July 3 . He expressed his reasons for not liking the pole and expressed that a step was missed on behalf of the town in the process. Resident Tamara Underwood expressed that not only was the size of concern but the location was of concern as well, she had understood that it was to be erected in the park and was very disappointed in its current location. Town Manager Report Town Manager Larry Brooks invited all interested citizens to attend & provide input on a feasibility study on a community recreation center at Berry Creek / Miller Ranch at meetings to be `held on Thursday, June 24th and Wednesday, June 30"'. He expressed concern in that duplication of services provided in Avon at that location would have an impact on the existing facility in Avon. He also mentioned the that there would be a public meeting to be held this next Thursday to discuss Nottingham Road improvements. Attorney Report Town Attorney John Dunn noted that the Town & Traer Creek, LLC have reached an agreement on the calculation of the municipal services invoice. A meeting will take place next week to further discuss this topic. He will be attending CIVIL conference next week. Mayor Report Mayor Reynolds spoke about the difficulty with the flagpole issue and that maybe the developer would listen to some of what was said that evening. Regular Council Meeting Page 2 of 3 June 22, 2004 Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. - Mayor Pro Tern McDevitt moved to adopt the consent agenda. Councilor Sipes seconded the motion and it passed unanimously. a. Approval of the June 8, 2004 Regular Council Meeting Minutes b. East Beaver Creek Blvd. Street Improvements - Easement Appraisals Valuation Consultants, Inc. Appraisal Services Proposal c. Resolution No. 0422, Series of 2004, Resolution Declaring the East Beaver Creek Boulevard (East Avon Phase II) Streetscape Improvements to be in Pursuance of a Public Purpose, and Authorizing all steps necessary and proper for acquisition of all Interest, Rights of Way and/or Easements, needed to construct such Improvements d. Resolution No. 04-23, Series of 2004, Resolution Declaring the Nottingham Road Improvements (Phase 1) to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of All Interests, Rights of Way, and/or Easements needed to Construct Such Improvements e. Resolution No. 04-24, Series of 2004, Resolution approving the Final Plat, A Resubdivision of Lot 75, Block 1, Wildridge, Avon, Eagle County f. 2004 Street Repair & Improvements, B&B Excavating, Inc. - Construction Contract g. 2004 Street Repair & Improvements - Change Order One h. Music Contracts for Salute to U.S.A. There being no further business to come before the Council, the meeting adjourned at 7 PM. RMECT LLY SUBMITTED: Pa enny, wn Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 June 22, 2004