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TC Agenda 08-28-2007STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) AVON NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON AUGUST 28, 2007, AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 07-07, Series of 2007, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District Ordinance No. 07-08, Series Of 2007, Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours, Monday through Friday, 8AM-5 PM. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST, 17, 2007. ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ AVON PUBLIC LIBRARY, MAIN LOBBY ✓ OFFICE OF TOWN CLERK TOWN OF AVON, COLORADO ORDINANCE NO. 07-07 SERIES OF 2007 AN ORDINANCE DECLARING THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 ORGANIZED AND SUBMITTING TO THE ELECTORS OF THE DISTRICT THE QUESTION OF IMPOSING AN AD VALOREM TAX TO PAY THE ANNUAL EXPENSES OF THE DISTRICT. WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home-rule municipality under Article XX of the State Constitution (the "Constitution") and laws of the State of Colorado; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified, and WHEREAS, the Town Clerk of the Town has received a petition (the "Petition") stating that it has been signed by one hundred percent of the owners of certain taxable real property within the Town described in Exhibit A hereto (the "Property") and requesting that the Town of Avon General Improvement District No. 1 (the "District") be created; and WHEREAS, it appears that the Petition has been duly signed and. presented in conformity with Part 6 of Article 25 of Title 31, C.R.S., and that the allegations of the Petition are true; and WHEREAS, the Petition sets forth: (a) the name of the District; (b) a general description of the services to be provided within and for the District (the "Services"); (c) the estimated annual cost of providing the Services; (d) a general description of the boundaries of the District or the territory to be included therein with such certainty as to enable a property owner to determine whether or not his or her property is within the District; (e) the names of three persons of the District who shall represent the petitioners and who have the power to enter into agreements relating to the organization of the District; (f) a request for the organization of the District; and (g) a statement that the Petition is signed by one hundred percent of the owners of the Property; and WHEREAS, the Petition requests that (1) the Council waive all of the requirements for notice, publication, a hearing, an election and the filing of a bond set forth in Sections 31-25-605, 31-25-606 and 31-25-607, Colorado Revised Statutes ("C.R.S."), and (2) the Council adopt an ordinance declaring the District organized without such notice, publication, hearing, election or filing of a bond; and WHEREAS, Article X, Section 20 of the Constitution ("TABOR") requires voter approval for the imposition of a new tax and for spending certain moneys above limits established by TABOR; and WHEREAS, Section 31-25-607, C.R.S., authorizes the Council, as it deems appropriate, to submit matters for which voter approval is required under TABOR to the Electors; and WHEREAS, the interest of the Town and the District and the public interest and necessity demand and require the provision of the Services within the District, all at an estimated cost of $40,000 annually, subject to adjustment for inflation; and WHEREAS, TABOR requires that ballot issues (as defined in TABOR) be submitted to the Electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 6, 2007, is one of the election dates at which ballot issues and spending questions may be submitted to the Electors pursuant to TABOR; and WHEREAS, it is the desire of the Council to conduct an independent mail ballot election in and for the District on the election date; and WHEREAS, the Council has determined that it is necessary to submit to the Electors, at an independent mail ballot election to be held on November 6, 2007 (the "Election"), an election question regarding the imposition of ad valorem taxes on the taxable property within the District to pay the annual expenses of the District and the spending of certain moneys above the limits established by TABOR; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Council hereby makes the following findings: a. The signatures upon the Petition are genuine. Pursuant to Section 31-25- 607(3), C.R.S., such determination and all matters of fact incident thereto shall be final and conclusive on all parties in interest, whether appearing or not. b. As ascertained from the tax rolls of Eagle County, from the last official registration list, and from such other evidence as has been adduced, the total number of electors of the District (as such term is defined in Section 31-25-602, C.R.S., the "Electors") is zero, and the total valuation for assessment of the real and personal property in the District is $17,838,890; and c. The Services will confer a general benefit on the District and the cost of the Services will not be excessive as compared with the value of the property in the District. Section 2. The Council hereby waives all of the requirements for notice, publication, a hearing, an election and the filing of a bond set forth in Sections 31-25-605, 31-25-606 and 31- 25-607, C.R.S with respect to the Petition and the District. 1) Section 3. The Council hereby declares the District organized. The corporate name of the District shall be "Town of Avon General Improvement District No. I," by which, in all proceedings, it shall hereafter be known. The District shall be a public or quasi-municipal subdivision of the State of Colorado and a body corporate with the limited proprietary powers set forth in Part 6 of Article 25 of Title 31, C.R.S. Section 4. The District lies within the Town in the County of Eagle, State of Colorado and its boundaries shall consist of the Property as described in Exhibit A. Section 5. The Council hereby provides that the Town shall utilize the requirements and procedures of the Uniform Election Code of 1992 (the "Uniform Election Code") and Article 7.5 of Title 1, C.R.S. (the "Mail Ballot Election Act") with respect to the Election. Section 6. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Town and the officers thereof, directed towards the organization of the District, the Election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Part 6 of Article 25 of Title 31, C.R.S., the Uniform Election Code, the Mail Ballot Election Act, and TABOR. Section 7. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that the Election shall be held on November 6, 2007. At the Election there shall be submitted to the Electors the question set forth in Section 8 below. Section 8. The Council hereby authorizes and directs the designated election official to certify to the County Clerk and Recorder of Eagle County, on or before September 7, 2007, the question in substantially the form hereinafter set forth: SHALL TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $40,000, COMMENCING IN TAX COLLECTION YEAR 2009 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND IN FUTURE YEARS BY AN AMOUNT NOT TO EXCEED THE AMOUNT COLLECTED IN THE PRECEDING YEAR ADJUSTED FOR INFLATION BY THE PERCENTAGE CHANGE FROM THE PRECEDING YEAR AVERAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE DENVER-BOULDER-GREELEY METROPOLITAN AREA AS PUBLISHED SEMIANNUALLY AND APPEARING IN THE JANUARY AND JULY ISSUES OF THE CPI DETAILED REPORT PUBLISHED BY THE BUREAU OF LABOR STATISTICS TO PAY THE ANNUAL EXPENSES OF THE DISTRICT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR, WITHOUT LIMITATION OF RATE AND IN AN AMOUNT SUFFICIENT TO GENERATE SUCH AMOUNTS; AND SHALL ALL REVENUES RECEIVED BY THE DISTRICT BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND NOTWITHSTANDING THE 5.5% REVENUE LIMIT OF SECTION 29-1-301, COLORADO REVISED STATUTES OR THE LIMITS OF ANY OTHER LAW? Section 9. The Council hereby appoints the Town Clerk, ex officio Secretary of the District, as the designated election official for purposes of performing acts required or permitted by law in connection with the Election. Pursuant to Section 1-1-111(2), C.R.S., all powers and authority granted to the Council may be exercised by the designated election official including but not limited to the power to appoint election-judges. Section 10. If a majority of the votes cast on the question to authorize the levy of ad valorem property taxes submitted at the Election shall be in favor of incurring such levy as provided in such question, the District, acting through the Council as the ex officio Board of' Directors of the District, shall be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance with such question. Any authority to levy ad valorem property taxes, if conferred by the results of the Election, shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized. Section 11. The officers of the Town and the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this ordinance, the intent being that the same are severable. Section 13. Pursuant to Section 1-11-203.5, C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 14. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Section 15. Pursuant to Section 6.4 of the "Town of Avon Home Rule Charter, this ordinance shall take effect seven days after public notice following final passage. Section 16. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded in the official records of the Town. Its adoption and publication shall be authenticated by the signature of the Mayor and the Town Clerk, and by the certificate of publication. Section 17. Within thirty days after the effective date of this ordinance, the Town Clerk shall transmit to the County Clerk and Recorder of Eagle County a copy of this ordinance for recording. 4 INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED this 14th day of August, 2007. TOWN OF AVON, COLORADO (SEAL) Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk PASSED ON SECOND READING, FINALLY APPROVED AND ORDERED PUBLISHED this 28th day of August, 2007. TOWN OF AVON, COLORADO (SEAL) Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 5 Exhibit A Legal Description of Property within the District Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIRE SUBDIVISION - PUD according to the plat thereof filed June 18, 1997 in Book 729 at Page 742, County of Eagle, State of Colorado A-1 STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patty McKenny, the duly elected, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town") do hereby certify: 1. The foregoing pages are a true, correct, and complete copy of an ordinance (the "Ordinance") concerning the Town of Avon General Improvement District No. 1, duly adopted by the Town Council (the "Council") of the Town, at regular meetings of the Council held at the Town Municipal Building on August 14, 2007, and August 28, 2007. 2. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of the Ordinance. 3. The Ordinance was duly passed on first reading at an open regular meeting of the Council on Tuesday, August 14, 2007 by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Brian Sipes Richard Carroll Dave Dantas Kristi Ferraro Amy Phillips Tamra Nottingham Underwood 4. The Ordinance was duly passed on second reading and finally approved at an open, regular meeting of the Council on Tuesday, August 28, 2007 by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Brian Sipes Richard Carroll Dave Dantas Kristi Ferraro Amy Phillips Tamra Nottingham Underwood 5. The Ordinance has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly recorded in the books of the Town; and that the same remains of record in the book of records of the Town. 6. Notices of the regular meetings of August 14, 2007 and August 28, 2007, in the forms attached hereto as Exhibit A, were posted in a in at least three public places within the Town in addition to posting at the office of the Town Clerk on August 2007, which is at least 10 days prior to such meetings. 7. After passage on first reading on August 14, 2007, the Ordinance was posted in at least three public places within the Town in addition to posting at the office of the Town Clerk on August , 2007, which is not less than seven days before August 28, 2007. After passage on second reading and final approval on August 28, 2007; the Ordinance was posted in at least three public places within the Town in addition to posting at the office of the Town Clerk on August , 2007. 8. Within thirty days after the effective date of the Ordinance, on , 2007, a copy of the Ordinance was transmitted to the County Clerk and Recorder of Eagle County for recording. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of , 2007. (SEAL) Town Clerk 7 EXHIBIT A (Attach Notices of Meetings) TOWN OF AVON, COLORADO ORDINANCE NO. 07-08 SERIES OF 2007 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO APPLICABILITY TO PUBLIC AGENCIES COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Section 17.04.080, Chapter 17.04 of Title 17, Avon Municipal Code, is amended to read as follows: The provisions of this Title shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 14th day of August, 2007, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 28th day of August, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 12007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 28TH DAY OF AUGUST 2007 THE FOLLOWING ORDINANCES: Ordinance No. 07-07, Series of 2007, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District Ordinance No. 07-08, Series Of 2007, Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours, Monday through Friday, 8AM-5 PM. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON August 30, 2007: ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ AVON PUBLIC LIBRARY ✓ OFFICE OF TOWN CLERK TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, AUGUST 28, 2007 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL DAVE DANTAS KRISTI FERRARO AMY PHILLIPS TAMRA NOTTINGHAM UNDERWOOD TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 2:15 PM 2:15 PM - 2:30 PM 1. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES a. Avon Arts Council Meeting Update (Ron Wolfe, Mayor) b. Housing Action Team Meeting Update (Ron Wolfe, Mayor) 2:30 PM - 3:15 PM 2. MASTER PLAN OPTIONS FOR PUBLIC WORKS & TRANSPORTATION CAPITAL FACILITIES (Jenny Strehler, Public Works/Transportation Director) Defines the need to construct replacement facilities for the Town's operational divisions of Public Works and Transportation utilizing all or portions of Swift Gulch site and Tract 5 to meet the Towns projected needs through and beyond 2025 3:15 PM - 3:30 PM 3. COMMUNITY DEVELOPMENT'S PRESENTATION TO AMERICAN PLANNING ASSOCIATION ON WEST TOWN CENTER PLAN (Eric Heidemann, Community Development Director) Staff were selected to present at the American Planning Association's National Conference in Philadelphia. Town gained national exposure and demonstrate the effectiveness of our planning policies and principals 3:30 PM - 4:00 PM 4. WEBSITE REDESIGN UPDATE (Scott Wright, Asst. Town Manager Finance, Becky Lawlor, Community Relations Officer) Review status & progress of website redesign project with viewing of sample modules 4:00 PM - 4:00 PM 5. STAFF UPDATES a. Project Summary & Status Report / Memo only b. Financial Matters / Memo only 4:00 PM 6. ADJOURNMENT Avon Council Meeting. 07.08.28 Page 1 of 4 TOWN OF AVON COLORADO REGULAR TOWN COUNCIL MEETING FOR TUESDAY, AUGUST 28, 2007 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD TOWN COUNCIL AGENDA MEETING BEGINS AT 5:30 PM CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. CITIZEN AND COMMUNITY INPUT a. Discussion with petitioners and community about revising Avon's smoking ban legislation (Randall "Ray" Knipmeyer) Request by petitioners to discuss a new proposal related to smoking ban legislation 5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION ORDINANCES a. Public Hearing on Ordinance No. 07-07, Series of 2007, Second Reading, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District (John Dunn, Town Attorney) Legislation organizing the GID No. 1 & submitting a ballot question as part of implementing the Second Amended and Restated Development Agreement for the Gates b. Public Hearing on Ordinance No. 07-08, Series Of 2007, Second Reading, Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies (John Dunn, Town Attorney) Housekeeping legislation which provides for deletion of language that would be a basis for an argument that the Town's regulations do not preempt state law Ordinance No. 07-09, Series of 2007, An Ordinance Amending Chapter 12.16 Of The Avon Municipal Code As It Relates To The Responsibility For Maintenance Of Sidewalks, Drainage Ditches And Driveway Culverts (Jenny Strehler, Public Works / Transportation Director) The proposed changes will require that ditches and driveway culverts located in the right-of-way be maintained in good condition by the abutting property owners 7. RESOLUTIONS a. Resolution No. 07-28, Series of 2007, A Resolution Approving A Service Plan For The Gates Metropolitan District (John Dunn, Town Attorney) Review of Adoption of service plan per the second and amended restated development agreement at The Gates formerly (Chateau St Claire) 8. NEW BUSINESS 9. UNFINISHED/ OLD BUSINESS a. Attainable Housing Guidelines (Matt Gennett, Avon Attainable Housing Guidelines 10. OTHER BUSINESS 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT Senior Planner) Review and discussion of the Town of Avon Council Meeting.07.08.28 Page 3 of 4 TOWN OF AVON COLORADO REGULAR TOWN COUNCIL MEETING FOR TUESDAY, AUGUST 28, 2007 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD TOWN COUNCIL AGENDA MEETING BEGINS AT 5:30 PM 14. FUTURE AGENDA ITEMS: September 11th: Community, organizations request for funding applications, Eagle County Air Service Program, Lake Street Tour and Review of Preliminary Design, Rocky Mountain Pond Hockey Tournament Update September 25th: Town Center East District Plan Further review of 5 Year CIP Plan, Beaver Creek Marketing, Recreation Center Expansion Update 15. CONSENT AGENDA a. Minutes from August 14, 2007 b. Clifton Gunderson Engagement Letter for Auditing Services (Scott Wright, Asst. Town Manager Finance) Three year proposal for Audit fees for Audits of the Town's 2007-2009 financial statements c. Resolution No. 07-32 Series of 2007, A Resolution to approve a Cooperation Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority (Randy Funk, Sherman & Howard) The cooperation agreement between the Avon Urban Renewal Authority and the Town of Avon set forth several key financial and operating policies regarding the two entities 16. ADJOURNMENT Avon Council Meeting. 07.08.28 Page 4 of 4