TC Minutes 01-27-1998•
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 27, 1998 - 5:30 P.M.
A regular meeting of the Town Council of 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 Fawcett at 5:32 PM. A
roll call was taken with Councilors Jim Benson, Richard Carnes,
Bob McIlveen, Buz Reynolds, Sr., Buz Reynolds, Jr., and Mayor
Protem Judy Yoder present. Also present were Town Manager Bill
Efting, Assistant Town Manager Larry Brooks, Town Clerk Patty
Lambert, Town Attorney John Dunn, Fire Chief Charlie Moore, Town
Engineer Norm Wood, Police Chief Gary Thomas, Finance Director
Scott Wright, Director of Community Development Mike Matzko,
Administrative Assistant Jacquie Halburnt, and Special Events
Coordinator Dana Maurer, as well as members of the press and
public.
Citizen Input:
Winter Carnival Update
Special Events Coordinator Dana Maurer reported on the Avon
Winter Carnival to be held this Saturday, January 31st. The
Carnival features snow sculpting, burrow racing, and a wild west
extravaganza. Ice skating will be available.
Citizen Input:
Public Hearing on Public Art / "Rites of Passage" sculpture
Mayor Fawcett informed the public hearing is on the sculpture
"Rites of Passage", which is 1.6 life size of two horses.
Mr. Dick Gustafson, member of the Avon Arts Council spoke in
favor of the "Rites of Passage" and added it is a magnificent
piece. Mr. Gustafson commented that previous purchases of art,
which the Town picked from outstanding artists, will only
increase in value.
Councilor Carnes asked if Mr. Gustafson knew of any municipality
that had actually bought a piece of art and sold it. Mr.
Gustafson thought there had been a couple of instances, usually
in cases of financial woes or where a municipality has
dissipated, back east.
Mr. Gustafson thought the art is a marketing tool, adds
aesthetics, and appreciates in value.
Councilor Carnes asked how much money has the Avon Arts Council
collected and applied toward the purchase of art. Mr. Gustafson
responded approximately $252,500 has been supplied by the Arts
Council in cash or in-kind. Councilor Carnes added the town put
in approximately $500,000 and the town owns the art. Councilor
Carnes asked what the prospects are for more private funding.
Mr. Gustafson stated the efforts will always be strong to try and
supplement the purchases. There are always those anonymous
donors and Mr. Gustafson could not speak for them.
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Councilor Carnes' whole beef was that people do not pay taxes so
that the town can go and indiscriminately buy art. Mr. Gustafson
thought-people do pay taxes'to enhance their community and they
want to be proud of their-community. Councilor Carnes noted that
Avon is wealthy enough to be able to afford the art but, normally
the town would use that money for road improvements, etc:
Councilor Carnes asked the Avon Arts.Council to continue to
pursue private funding.
Citizen Input:
Appeal of P & Z Final Design Decision / Lot 19, Block 4,
Wildridge Subdivision / Michael Schneider
Town Manager Bill Efting informed this appeal has been dropped by
the-applicant. Town Attorney John Dunn stated no action is
required and the matter is removed from the agenda by agreement
of the applicant.
Ordinances:
Second Reading of Ordinance No. 98-1, Series of 1998, AN
ORDINANCE AMENDING CHAPTER 2.08 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON AS IT RELATES TO MUNICIPAL COURT
Mayor Fawcett announced this is a public hearing.
Town Attorney Dunn informed the only change in this Ordinance
from first reading was the correction of the effective date to
February 4, 1998.
Mayor Fawcett asked for public input. Hearing no one, Mayor
Fawcett asked Council for comments.
Mayor Protem Yoder motioned to approve, on second reading,
Ordinance No. 98-1, Series of 1998. Councilor Benson seconded
the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No: 9-8-2, Series of-1998', AN
ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN GOVERNMENTAL LEASE-
PURCHASE MASTER AGREEMENT
Mayor Fawcett announced this is a public hearing.,
Director-: of Finance Scott Wright stated the lease-purchase master
agreement is. with Norwest`Investment-Services for the.purchase
and financing of certain-fleet related capital equipment in the
amount of $961,000, at an interest rate of approximately 5.201.
Mayor Fawcett asked for,any public comments. Hearing no one,
Mayor Fawcett asked Council for comments.
Councilor Reynolds, Sr. motioned to approve, on second reading,
Ordinance No. 98-2, Series of~1998. Mayor Protem Yoder seconded
the motion.
Mayor Fawcett called for a roll call vote.
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The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 98-3, Series-of 1998, AN ORDINANCE
AMENDING THE AVON MUNICIPAL CODE REGARDING ZONING, PUBLIC
NUISANCES, SIGNS, AND ANIMAL CONTROL, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Director of Community Development Mike Matzko reviewed the
Ordinance.
Discussion focused on mud being tracked from the driveway to the
road and enforcement of such. Ms. Gloria McROry asked if this
pertains to all trucks coming through town and would this apply
to construction vehicles related to the Vail Valley Centre. Town
Manager Efting stated yes. Councilor Carnes asked, assuming this
passes, could the resident on June Creek complain that it is
always muddy in front of his house due to his location at June
Creek Trail's end. Efting responded enforcement will be key.
Mayor Protem Yoder motioned to approve, on-first reading,
Ordinance No. 98-3, Series of 1998. Councilor Benson seconded
the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Resolutions:
Resolution No. 98-6, Series of 1998, A RESOLUTION TO AUTHORIZE
THE PURCHASE OF PUBLIC ART WORK
Finance Director Scott Wright stated this Resolution is to
purchase the "Rites of Passage" sculpture in an amount not to
exceed $150,000.
Councilor Reynolds, Sr. motioned to approve Resolution No. 98-6,
Series of 1998. Councilor Benson seconded the motion-
Councilor Carnes gave examples of how the town could use the
money otherwise and listed items from the various town
departments' budgets that were'cut from the,199,8,budget.,
Councilor Carnes asked how in good conscience,;under.the.guise of
fiscal responsibility''can the town pull $150,000 out of-the'
general fund hat to purchase a piece of art. Councilor Carnes
thought marketing dollars should be spent when marketing dollars
can be justified, such as with the Vail Valley Marketing Board.
Councilor Carnes added no one comes here because of a piece of
art'; they come here because of-the mountains and because of Vail
and Beaver Creek and surrounding mountains:, Councilor Carnes
thought the value of the art work is only on paper, as the town
will.never get a return on them, as the town will never sell
them. Councilor Carnes voiced his opposition of taxpayers' money
going toward the purchase of public art work.
Councilor Reynolds, Jr. felt the center of Avon is a corridor
that is seen by most of,the people who go to Beaver Creek and who
go back and forth to:Eagle=Vail. Councilor Reynolds, Jr. added
the art creates an ambience in our town. Councilor Benson
questioned why spend all the money on streetscaping, if you don't
finish it. Councilor Reynolds; Jr. commented the town is
spending millions on trees for the. roundabouts and no one comes
to see the trees in the roundabouts. Councilor Reynolds, Jr.
felt art work is part of the roundabouts.
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Councilor Carnes agreed with Councilors Reynolds, Jr. and Benson
regarding the art work's ambience and applauded the art work that
is in the town. Councilor Carnes endorsed the'"Rites of Passage"
sculpture. Councilor Carnes disagreed that public tax money
should-be spent on art work and stressed art work should be
privately funded.
The motioned carried with Councilor Carnes opposed.
Other Business:
Councilor Carnes announced that this evening marks the 100th
-Council meeting for Mayor Fawcett, Mayor Protem Yoder, and
himself.
Consent Agenda:
Mayor Protem Yoder motioned,to pulled item a from the consent
agenda. Councilor Benson 'seconded the motion and the motion
carried unanimously.
a.) Approval of the January 13, 1998 Council Meeting Minutes
b.) Resolution No: 98-5, Series of 1998, A RESOLUTION APPROVING
THE PLANNING AND ZONING COMMISSION PROCEDURES, RULES AND
REGULATIONS, TOWN OF AVON, EAGLE COUNTY, COLORADO
c.) Approval of US West Communications Digital Switched.Service
Rate Stability Agreement
d-.) Approval of Purchase Agreement with Teleco of Colorado for
Digital Telephone System
e.) Approval of Swift Gulch Facility Agreement
f.) Approval of RNL Design Services.Agreement
g.) General Contractor / Construction Management Selection for
the Public works Facility
h.) Financial Matters
Councilor'Benson motioned to approve the consent agenda with item
e pulled. Mayor Protem*Yoder seconded the motion and the motion
carried unanimously..-
There being no further business to come before Council, Mayor
Fawcett called for a motion to adjourn. Mayor Protem moved to
adjourn. The motion was seconded by Councilor Benson. The
meeting was adjourned by Mayor Fawcett at 6:14 PM.
__11F\PECTFULLY SUBMITTED:
Patty Lambe CMC
Town Clerk
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APPROVED:
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