TC Minutes 12-10-2002MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER 10, 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 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, Town Clerk Patty McKenny, Town Engineer Norm Wood, Recreation Director Meryl
Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, and Community
Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Julie Kessenich with the Recreation Center presented an update on the Town sponsored function
in the park on December 8t' for the Holiday season. Holiday Lighting Contest awards were
presented to the winners.
Resolution
At this time Council considered Resolution No. 02-56, Series of 2002 - Appointing C.G. Allen,
III as Municipal Judge of Town of Avon. Councilor Buckley moved to approve Resolution No.
02-56 and Councilor Brown seconded the motion. The motion passed unanimously. Mayor
Reynolds thanked Buck Allen for his years of service to the Town of Avon.
Ordinances
Second Reading
Community Development Director Ruth Borne presented Ordinance No. 02-22, Series of 2002 -
An Ordinance Adopting the Updated Zoning Map. She noted that the map update reflects all
ordinances, resolution, rezonings and annexation that have changed the zoning of property in the
Town since 2001. Some technical corrections were also made. Mayor Reynolds opened the
public hearing, no comments were made and the hearing was closed. Councilor Brown moved to
approve Ordinance No. 02-22 and Councilor Sipes seconded the motion. The motion passed
unanimously and the Ordinance was adopted.
First Reading
Police Chief Jeff Layman presented and addressed the four public safety related ordinances
together as a group. He noted that the ordinances are a result of a number of people participating
in writing the content, including police, prosecuting attorney and municipal judge. The
ordinances provide for writing the associated offenses into Municipal Court rather than Eagle
County Court.
Councilor McDevitt moved to approve the following Ordinances on first reading:
■ Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of the
Town of Avon relating to Bail Bond Condition Violations; and Providing Penalties for
the Violation Hereof.
■ Ordinance No. 02-24, Series of 2002 - Amending Title 10 of the Municipal Code of the
Town of Avon Relating to Driver Licenses; and Providing Penalties for the Violation
Hereof.
■ Ordinance No. 02-25, Series of 2002 - Amending Title 9 of the Municipal Code of the
Town of Avon Relating to Restraining Order Violations; and Providing Penalties for the
Violation Hereof.
■ Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the
Town of Avon Relating to Vehicle Registration; and Providing for the Violation Hereof.
Councilor Brown seconded the motion and it passed unanimously. Council Buckley thanked
Chief Layman for his work on making these ordinances happen.
Resolutions
Community Development Director Ruth Borne presented a resolution ratifying art in public
places. She noted the Planning & Zoning Commission supports the resolution that was included
in the Council packet. Councilor Wolfe drafted another version of the resolution and copies
were distributed with his proposed changes: He noted that the Avon Arts Council agreed to the
content of this proposed legislation (note that Councilor Wolfe currently sits on the Avon Arts
Council).
The question at hand was that the Town Council did not give its approval for installation of the
busts in their current locations, but rather it was approved by the former Town Manager. The
proposed legislation was written to identify a process for approving future artwork to be placed
in the Town as well as address the removal of the busts at their current location. Councilor P.
Buckley requested that the busts be removed by February 1St rather than the proposed July 1St.
Many of the statutes in Avon did not receive Town approval prior to installation. The Council
agreed that a mistake was made and adopting the resolution helps the Town move forward with
this issue. Councilor Buckley felt strongly that the statues should be removed and the artwork
should be subject to the approval process. It was noted that the Arts Council would cover the
costs associated with removal of the busts. The Town has historically assisted with some of the
transporting of this statuary.
Councilor Wolfe noted that the Arts Council is an independent organization funded by private
donations, a group of people who procure statuary at wholesale prices. The Council was
interested in inviting Rob Sperberg, Avon Arts Council to address the Council with regard to his
group. Councilor Wolfe moved to approve the substitute Resolution No. 02-58, Series of 2002 -
Ratifying Existing Public Art Locations (including Statuary) within the Town of Avon and
Setting Forth Review and Design Considerations for All Future Art Installations. Councilor D.
Buckley seconded the motion. Councilor P. Buckley moved to amend the motion to change the
date to remove the busts by February 1St as opposed to July 1St stating that this gives them more
than 45 days to comply. Councilor Wolfe confirmed again that the busts would be removed
from their current location. Mayor Reynolds asked if there was a second to Councilor P.
Buckley's amendment. There was no second to the amended motion. Mayor Reynolds called
for those in favor of the original motion as follows: Brown, D. Buckley, McDevitt, Sipes,
Wolfe. Against the motion was Councilor P. Buckley. The motion passed with a five to one
vote.
Councilor D. Buckley moved to approve Resolution No. 02-59, Series of 2002 - Canceling a
Regular Town Council Meeting due to that evening being Christmas Eve. The motion was
seconded and approved with a majority vote.
Regular Council Meeting Page 2 of 3
December 10, 2002
New Business
Councilor D. Buckley moved to appoint Buz Dider as the new Planning and Zoning Commission
Member. Councilor Brown seconded the motion and it passed unanimously.
Town Manager Report
Manager Brooks noted that staff collaborated with council and department heads on input for an
agenda for a council retreat on December 17th at a Beaver Creek location. A draft was
distributed and any comments should be directed to Larry Brooks.
Town Attorney Report
John Dunn asked the Council to consider pulling the audit agreement from the Consent Calendar
so that two changes could be made, i.e. the indemnification clause and the multi-year
commitment to a one-year commitment. Council agreed to consider the item at the next meeting.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. The Audit Engagement Letter-with
Clifton Gunderson LLP was pulled from the agenda. Councilor McDevitt moved to approve the
consent agenda as follows:
Approval of the November 26, 2002 Regular Council Meeting Minutes
Resolution No. 02-55, Series of 2002 - Appointing Larry Brooks Town Manager
Resolution No. 02-57, Series of 2002 - Approving the Donation of Computer and
Computer Equipment to the Avon Police Department
Service Agreement with Vail Associates, Inc. on Dial-a-Ride Vehicles
There being no further business to come before the Council, a motion was made to adjourn. The
meeting adjourned.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
December 10, 2002
Page 3 of 3