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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. 2 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. 3 0 0 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. 4 i 0- 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. 5 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. 6 0 0 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. 7 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 8 9 0