TC Minutes 02-08-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 8, 1994 - 7:30 P.M.
The regular meeting of the Avon Town Counciloof 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 Albert J. Reynolds at
7:32PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof and Judy Yoder
present. Also present were Town Manager Bill James, Town Attorney
John Dunn, Director of Community Development Steve Amsbaugh, Town
Engineer Norm Wood, Superintendent of Recreation Meryl Jacobs,
Director of Municipal Services Larry Brooks, Transportation
Director Harry Taylor, Fire Chief Charlie Moore, Police Chief Art
Dalton, Town Clerk Patty Neyhart, as well as members of the press
and public.
First item on the Agenda under Citizen Input was the Avon/Beaver
Creek Transit.
Ms. Teresa Albertson, Marketing Specialist for the Avon/Beaver
Creek Transit gave background information on the Transit'system.
Ms. Albertson stated, as the Transportation Department for the
Town of Avon, regional transportation is provided for the entire
Valley, including Leadville. There are three different systems
within the department. The first system is within the Town of
Avon. The Town of Avon system is paid 100% by the Town of Avon
and is a free system for riders. The Avon System consists of two
routes; the Avon Town Shuttle and the Avon/Beaver Creek Shuttle.
These two routes operate only during the winter season and
compliment one another. The second system is the Beaver Creek
system. The Beaver Creek system is paid 100% by Beaver Creek and
includes service within Beaver Creek (Dial-A-Ride) and shuttles
to/from lower parking lots. The third part of the system is the
regional service. The regional service is paid for.by the Town
of Avon, Town of Vail, Beaver Creek, and Eagle County. Eagle
County, as of 1994, is a financial partner due to service for
Lake Creek Apartments. The regional system has three significant
routes; between Edwards and Vail, along Highway 6; between
Beaver Creek and Vail, along I-70; and service from Leadville to
Vail, from Vail to Avon and from Avon to Beaver Creek. The
regional system is the only part of the system that has a fare
involved for the passengers. Pass options and discounts are
available. Ms. Albertson gave 1993 updates: Ridership in 1993
increased by 23%; Revenues increased 19%; Bicycle racks were
installed on buses in 1993; Leadville route was marketed;
employer-ticket outlet program initiated; fare box recovery for
the regional system was 63%. (There is practically no capital
cost and that is one reason the recovery figure is so high). The
37% subsidy is shared with Avon, Beaver Creek, Vail, and now
Eagle County.
Councilor Nottingham questioned when will we get the new buses.
Mr. Harry Taylor; Transportation Director, stated the people
movers will arrive in April and the-six buses through the grant
will arrive in September. Ms*. Albertson noted the people mover
is an Avon shuttle vehicle and the larger buses are the
Avon/Beaver Creek shuttles that move the skiers.
Councilor Fawcett questioned what do
people. Ms. Albertson stated there
established in the area. The policy
establishing park and rides, as well
Taylor added Avon hasn't really been
ride.
we do for park and ride
ire no park and rides
group is very interested in
as the Town of Minturn. Mr.
considered for park and
An item Added to the Agenda under Citizen Input was First Tracks
Video, Ms. Pati Penhale.
Ms. Pati Penhale with First Tracks Video Productions solicited
the Council to produce a video documentary on the construction of
the recreation center. Last November, a proposal was submitted
to produce a 24 minute documentary at $24,500. At that time,
Council expressed an interest and suggested Ms. Penhale contact
the architects and contractors for committing time and money to
this video. Ms. Penhale informed the architects and contractors
were interested in committing time, not money. Ms. Penhale
submitted a new proposal at $11,300 for a 5-10 minute production.
This will be used to promote the Town of Avon as a progressive
community, one with an eye on the future; who has had the
foresight to select an excellent team; it will be dynamic and
fast paced. Ms. Penhale requested a time to present to Council a
demonstration reel of her work.
Councilor Fawcett question the reduction of the price by half and
the reduction of the time by more than 3/4. Ms. Penhale stated
that is the nature of video; it is more difficult and more time
consuming to produce a 3-4 minute piece, with as much information
in it, as it is to produce a piece that is 24 minutes long: We
will still be required to do thorough research, to interview all
the principals and put this together in such a way that you're
not getting less than a product; you're just getting a shorter
time span. Where we are saving the most time is the actual
photography and shooting. Editing time will not go down as
condensing something is technically a more difficult
accomplishment.
Councilor Nottingham questioned time frame and aren't we close to
the critical point. Ms. Penhale stated Mr. Chris Carvelle stated
all the critical decisions have basically been made and
questioned how to recapture this. Ms. Penhale stated it is
actually easier to identify those critical moments and recapture
them thru interview after the fact than to shoot miles and miles
of tape and go through it and edit. Ms. Penhale added that if
ground had already been broken, that would have been a critical
point.
Mayor Reynolds suggested a meeting with A & P and Chris Carvelle,
view the sample, and discuss the new proposal.
Councilor Fawcett questioned use of film'and expressed concern of
value to increase usage of facility. Ms. Penhale stated the
primary market of the video will be the Colorado Municipal League
showing a "how to". Councilor Fawcett is not so interested in how
to lay bricks; he is more interested in looking at the fun you
can have at the Avon recreation facility. Ms. Penhale felt the
video will do both.
Councilor Nottingham questioned where the money would come from.
Mr. Bill James stated either Public, Relations or perhaps Special
Events-Budget.
Councilor Fawcett questioned would the purchaser own the balance
of the tape:to do with-as they wish. Ms.-Penhale stated yes.
Council's consensus was to place this on the next worksession;
February 22, 1994 and invite A & P and Chris Carvelle. Ms.
Penhale requested approximately 1/2 hour presentation.
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Second Reading of Ordinance No. 94-2, Series of 1994, AN
ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN
RELATING TO ABUSE OF TOXIC VAPORS; AND PROVIDING PENALTIES FOR
THE VIOLATION HEREOF.
Mayor Reynolds stated this is a public hearing.
Town Attorney John Dunn stated this matter is before the Council
on second reading. The Ordinance was adopted on first reading
two weeks ago. There were no amendments. The matter is
therefore before the Council without change.
Councilor Hines motioned adoption of Ordinance No. 94-2, Series
of 1994 on second reading. Councilor Hazard seconded the motion.
The motion carried unanimously.
Second Reading of Ordinance No. 94-3, Series of 1994, AN
ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE'OF THE TOWN
OF AVON RELATING TO VIOLATION OF RESTRAINING ORDERS; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
Attorney Dunn stated this Ordinance is likewise before the
Council on second reading without change from the first reading.
Mayor Reynolds informed this is a public hearing.
Councilor Nottingham motioned to approve Ordinance No. 94=3,
Series of 1994 on second reading. Councilor Roof seconded the
motion. The motion carried unanimously.
Second Reading of Ordinance No. 94-4, Series of 1994,. AN
ORDINANCE AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON RELATING TO VIOLATION OF BAIL BOND CONDITIONS; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
Mayor Reynolds stated this is a public hearing.
Attorney Dunn stated this Ordinance likewise is before the
Council on second reading without change from first reading.
There was a question raised about this Ordinance and the
difference of the penalty provision from the previous Ordinance
No. 94-3. The penalty provision in No. 94=3 provides that any
sentence shall run consecutively and not concurrently with any
sentence imposed,for any crime which gave rise to the issuing of
the restraining order. And, that same language is not in No. 94-
4, which deals with violation of bail bond conditions. The
reason is that the violation of the bail bond condition would not
result in a penalty, but rather would result in forfeiture of the
bond.
Councilor Hazard motioned approval of Ordinance No. 94-4, Series
of 1994 on-second reading. 'Councilor Hines seconded the motion.
The motion carried unanimously.
Second Reading of Ordinance No. 94-5, Series of 1994, AN
ORDINANCE AMENDING CHAPTER 1.08 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON RELATING TO GENERAL PENALTY.
Mayor Reynolds stated this is a public hearing.
Attorney Dunn stated this Ordinance is likewise before the
Council on second reading without change from the first reading.
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Councilor Roof motioned adoption of Ordinance No. 94-5, Series of
1994 on second reading. Councilor Fawcett seconded the motion.
The motion carried unanimously.
First Reading of Ordinance No. 94-6, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO HARASSMENT
Attorney Dunn stated that Sections 3 and 6 of Chapter 9.16.040 of
the Municipal Code are repealed by this Ordinance. Those two
sections contained in other Municipalities have been declared
unconstitutional by the Colorado Supreme Court'by virtue of them
being too vague. At this time, Attorney Dunn is not recommending
a replacement of the two sections.
Discussions centered on "inconvenient hours". Councilor Roof
noted that the "inconvenient hours" and "offensively course
language" are both vague; what is inconvenient hours to one
person may not be inconvenient to someone else. Attorney Dunn
was instructed to research and report back concerning
"inconvenient hours" and "offensively course language" of the
other cases, on second reading.
Councilor Hines motioned adoption of Ordinance No. 94-6, Series
of 1994 on first reading. Councilor Roof seconded the motion and
the motion,carried unanimously.
First Reading of Ordinance No. 94-7, Series of 1994, AN ORDINANCE
AUTHORIZING THE ISSUANCE OF TOWN OF AVON, COLORADO, SALES TAX
REVENUE BONDS, SERIES 1994; PROVIDING THE FORM, TERMS AND
CONDITIONS OF THE BONDS,, THE MANNER AND TERMS OF ISSUANCE, THE
MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY
THEREFOR; PLEDGING SALES TAX REVENUES OF THE TOWN FOR THE PAYMENT
OF THE BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS AND
MAKING OTHER PROVISIONS CONCERNING THE BONDS AND THE SALES TAX
REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING
THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
Mr. David Bell, from Coughlin & Company, informed that, assuming
this Ordinance meets with Council's approval; first reading of
the Ordinance will take place this evening; second reading on
February 22nd; then we wait through the thirty day referendum
period so that we could close on the bond financing somewhere
toward the end of March, which coincides with the construction
contract finalization. Mr. Bell anticipates us being in the bond
market around the 15th of March. That will give us enough time
to fund by the end of the month so that we could start
construction some in April. Since this is the first time
where we have gone through two readings of the Ordinance prior to
selling the bonds, we anticipate a.supplemental Resolution
approving the final interest rates for the bond financing. This
Resolution will be presented at the March 22nd meeting and will
include the maturity schedule. The official statement has been
prepared and reviewed and will be distributed in the near future
for Council's review.
Councilor Nottingham questioned the blanks in the Ordinance and
at what time will they be filled in. Mr. Bell stated this
Ordinance contemplates one of two things happening. We have
submitted this to various insurance companies to secure an AAA
rating at a lower cost of borrowing. Based upon the next few
days, that may or may not come true. If it does, we will then
fill in who the insurance company is; if it does not, we will
take out all provisions to the insurance company and issue this
as a non-rated security.
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And, the terms of the financing, absent interest rate, will be
completely finalized and filled in prior to second reading;
February 22nd. Well, the interest rate will be filled in as "an
interest rate not to exceed"; at the moment not to exceed 816.
Again, the Resolution in March will finalize the interest rate.
So, you will have a maturity schedule with a rate not to exceed
8t upon second reading of the Ordinance.
Councilor Nottingham motioned approval of Ordinance No. 94-7,
Series of 1994 on first reading. Councilor Yoder seconded the
motion. The motion carried unanimously.
Councilor Fawcett amended motion to include "subject to
completion of the blanks contained in the Ordinance". Councilor
Hines seconded the motion. The motion carried unanimously.
First Reading of Ordinance No. 94-1, Series of 1994, AN ORDINANCE
AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO ANNEXATIONS AND REQUIRING DEDICATION OF LAND FOR
SCHOOL PURPOSES
Mr. Steve Amsbaugh informed this Ordinance will amend Chapter 16,
the Subdivision Regulations, to include provisions requiring all
new residential lands annexed into the Town of Avon to provide
for the dedication of school land or to pay a fee in lieu of that
land dedication in the future.
Councilor Roof motioned approval of Ordinance No. 94-1, Series of
1994 on first reading. Councilor Nottingham seconded the motion.
The motion carried unanimously.
Resolution No.,94,-3, Series of 1994, A RESOLUTION ESTABLISHING A
MARKET VALUE FOR LAND IN ASSOCIATION WITH ORDINANCE NO. 94-1,
SCHOOL LAND DEDICATION
Mr. Amsbaugh stated this Resolution relates directly to Ordinance
No. 94-1. This Resolution will establish the'1994 market value
for the land to be used in determining fees in lieu of the actual
school land dedication. The value for all land for 1994 will be
set at $50,000 per acre. This market value-is consistent with
the value set by Eagle County. This value will be adjusted
annually by Resolution, by Town Council.
Councilor Yoder motioned to adopt Resolution No. 94-3, Series of
1994. Councilor Roof seconded the motion and the motion carried
unanimously.
Resolution No. 94-5, Series of 1994, A RESOLUTION APPROVING THE
FINAL PLAT FOR THE RESUBDIVISION OF THE PLAT OF MOUNTAIN CENTER-
PHASE II AND LOT 28, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Amsbaugh displayed a map on the wall for Council's review.
Ms. Amsbaugh informed this final plat will abandon the common lot
line between Mountain Center Phase 1 and Lot 28, Block 1,
Benchmark at Beaver Creek. This subdivision lies at the end of
Nottingham Road, at the cul-de-sac, dust past the Metcalf
intersection. Phase II of Mountain Center has been constructed
across this lot line, thus requiring this lot line to be abandon.
Staff recommends approval of this Resolution.
Councilor Fawcett motioned to adopt Resolution No. 94-5, Series
of 1994. Councilor Nottingham seconded the motion and the motion
carried unanimously.
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Next item on the Agenda under Unfinished Business was Bravo!
Colorado $8,000 Cash Donation Request'.
Mayor Reynolds questioned the in-kind donation amount, that has
already been approved. Mr. Brooks stated the in-kind donation
was for transportation services and could not recall the amount:
Councilor Hines thought the in-kind amount was more than what
Bravo! indicated in their letter; more than the $2,500.
Discussion followed.
Some Councilors' concerns from the discussions were; timing of
this request,(should be made at budget time), donations should
come from private business as the concerts are to be held in
private places; and have already approved in-kind services.
Council's consensus was interest for the concerts and that Bravo!
should request the contribution next year on a timely basis.
Councilor Nottingham motioned to approve the request from Bravo!
Colorado to fund $8,000 a cash donation to put on the music
program for the summer of 1994. Councilor Hines seconded the
motion. With Councilors Jim Roof, Tom Hines, John Hazard, and
Jack Fawcett opposing, the motion failed.
Next Item on the Agenda under New'Business Planning & Zoning
Commission [Expiration of Members' Terms.
Mayor Reynolds announced three members, of the Planning & Zoning
Commission, terms expire. Those three are John Perkins, Rhoda
Schneiderman, and Sue Railton.
Councilor Nottingham.questioned-residency qualifications for
Planning & Zoning Commissioners.' Town Attorney Dunn responded
the Code reads that at least four members shall be full time
residents Town. Discussion followed.on whether to amend the
Code. Council directed Staff to research how other
Municipalities and the County view residency qualifications and
report back to Council for further discussion.
Next Item on the Agenda under New Business was Lot 16
Improvements.
Mr. Larry Brooks reminded that during'the budget sessions,
Council had eliminated the $76,000 for development of Lot 16.
Staff is reinstituting this recommendation for development, due
to concerns of inadequate parking and lack of access to
Nottingham Park. With Council approval, Staff can contract for,
design and professional services in February; complete design and
go out to bid 1st of April; and award contract end of April.
Councilor Fawcett questioned where the money would come from.
Mayor Reynolds stated we have the money from the tennis court
fund.
Councilor Roof questioned where the figures to develop Lot 16
came from. Mr. Brooks stated they came from Land Designs by
Ellison and Staff. These figures were developed last year, in
preparation for the 1994 budget.
Councilor Roof questioned what percentage of the lot would be
parking and what percentage would be landscaping. Mr.-Brooks
stated there are 30 parking spaces on a half acre lot.
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The idea is to be sensitive to the fact that Lot 16 is a park
corridor and to integrate it into the park system; the whole lot
will not be turned into a parking lot. There is a greater
percentage of landscaping than in parking.
Councilor Roof felt the figures to be high. Mr. James stated the
figures are an estimate of what the development will cost, as the
design is not finished. Mr. James requested to get the design
work done, then bring back to Council to proceed. The design
work is budgeted at $6,000. Mr. James added the budget would
need to be amended and,perhaps the money would be pulled from the
tennis court budget.
Councilor Hines motioned to authorize to proceed with the
following budget; a maximum of $6,000 to be spent on engineering
and landscape architect fees for Lot 16. Councilor Roof seconded
the motion.
Councilor Roof suggested to go out for bids as he felt Ellison is
expensive. Councilors Nottingham, Hines, and Fawcett voiced
agreement with Councilor Roof; to get proposals from other firms
besides Ellison.
The motion carried unanimously.
Next Added to the Agenda under other Business was miscellaneous.
Councilor Fawcett reminded of Jack Hunn's letter regarding
planning and zoning design guidelines; to spruce up the
residential community of Avon. Councilor Fawcett requested this
subject be,placed on-the next worksession and include the members
of the planning and zoning commission.
Councilor Fawcett questioned if Channel'#5 could do a documentary
video on the recreation facility., similar to the First Tracks
proposal. Mr. Josh Hall noted that Channel #5 is a non-profit;
if the town used the video commercially, special considerations
with,the board would need to be discussed. Councilor Nottingham
stated it would'need.to be a community documentary and.added she
will put together,a proposal of what it would be; Channel #5 does
this all the time. 'Councilor Hazard stated what we are doing now
is obviously a commercial nature. If Channel #5 took it over as
a community thing, then they should do that. It would not be
fair to ask a commercial business, that has expenses, to try to
compete with the community thing. Councilor Fawcett thought we
could do both.
Councilor Hines noted North West Colorado Council Of Government
(NWCCOG) is interested in working with Channel #5.
Councilor Hazard questioned who will be the skier representing
the Town of Avon for the American Ski Classic. Mayor Reynolds
informed Councilor Nottingham, as Mayor Protem.
Discussions and recollections followed regarding the Mayor's
appointments; what appointments.are protocol - mayor, mayor
protem, senior councilmember - some events are by invitation to
the mayor; what appointments should the Mayor seek Council input
and discussion. Councilor Hazard suggested to have something
written into the Code relating to Mayor's duty of appointments
and regarding his authority over the Council. Attorney Dunn read
the Charter; the Mayor shall be recognized as the head of the
town government for all ceremonial, dignitary, and legal
purposes. The Mayor Protem shall have all the powers and duties
of the Mayor in his/her absence or disability. Councilor Fawcett
hoped that, for whoever is around next year, it (skier for
American Ski Classic) is opened up to discussion.
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Councilor Hines stated that in regards to GOCO, the County has
completed the regional bike path system. Councilor Hines added
that if the County does not seek money under GOCO the Town of
Avon should. Plans need to be submitted by February 21st.
Councilor Nottingham opened the meeting for discussion on when
the fireworks display should be held, as July 4th falls on Monday
this year. Thoughts were to consider Vail's date and the rain
plan if fireworks are to be on the 4th. Mr. James stated
historically the fireworks have been on the 4th. People are not
confused when Avon's fireworks are; they are on the 4th. And,,
with all the construction going on in Avon this summer, it might
even be better to have it on Monday, July 4th.
Mayor Reynolds stated he attended CAST'S legislative meeting 'in
Copper Mountain last week. Mayor Reynolds will distribute an
informational memo to Council regarding the meeting.
Councilor Hines mentioned that Elizabeth.Black, Town Manager of
Frisco, is distributing a Resolution to surrounding communities
in the hope they all adopt it. The Resolution supports commuter
rail week. Mayor Reynolds noted it is.in response to the I-70
corridor.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #7 and
approve items #8 and #9. The motion was seconded by Councilor
Roof and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the January 25, 1994 Regular
Council Meeting Minutes as presented. Councilor Nottingham
seconded the motion and the motion 'carried unanimously.
There being no further business-,to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Nottingham.
The meeting was adjourned by Mayor Reynolds at,10:25PM
RESPECTFULLY SUBMITTED:
Patty Ne hart own Clerk
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