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TC Minutes 10-11-1994MINUTES OF THE REGULAR•MEETING OF THE TOWN COUNCIL HELD. OCTOBER 11, 1994 -'7:30 P . M'.' The regular meeting of the Avon Town Council of the Town of Avon, Colorado.was held in the Municipal Building, 4'00 Benchmark Road, Avon, Colorado, in the Council Chambers:' The meeting was called to order by Mayor Albert Reynolds-at 7:30PM. A roll call was taken with Councilors Jack Fawcett, John Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy Yoder. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Town Engineer Norm Wood, Director of Transportation Harry Taylor, Director of Recreation Meryl Jacobs, Police Chief Gary Thomas, as well as members of the press and public. First item on the Agenda under Citizen Input was the Public Hearing on the Proposed 1995 Budget. Mr. James reminded the proposed budget was given to Council around mid-September. At that time, the Town Clerk announced that a public hearing would be held on the proposed budget for the purpose of receiving citizen input. Copies of the proposed budget have been available in the Clerk's office. Mayor Reynolds opened the meeting for citizen input. Ms. Charlette Cole, resident in Wildridge, requested public transportation service in the Wildridge subdivision. She knows of several people who would ride the bus if it were available and added the teenagers are in need of service. Ms. Cole noted that Wildridge is a part of Avon and feels that service is due for that area. Councilor Roof noted that Ms. Cole identified two needs; the work force during the week and the children on the weekends. Councilor Roof asked Ms. Cole what type service she was looking for; one bus in the AM and one bus in the PM? Ms. Cole suggested an AM and PM service; perhaps 7-9am and 4-7pm. This would probably accommodate most of the workers. Winter seems to produce more traffic. Councilor Roof stated Council has looked into servicing Wildridge and it was very expensive. Councilor Nottingham interjected it was calculated for-a six hour day at $37.00 hour. Councilor Roof noted that Wildridge is quite removed from the Town core. Councilor Roof would like the service to be at least a break-even venture. Ms. Cole reminded that she submitted a petition several weeks ago with signatures supporting service to Wildridge. Councilor Hines noted that to do a full loop in Wildridge it was estimated to take one hour. Councilor Hines asked what the actual ride time would be. Mr. Harry Taylor stated the route took approximately 30 minutes, without any stops, in a people mover, doing a loop. After you factor in the winter time driving and stopping, it would take approximately 45 minutes to one hour for the loop from,-the Avon Center, up,and back..-Councilor Hines mentioned,Council has been discussing a pilot program. One idea was, when'the recreation center opens,- to try a pilot program during the summer time for the children. Councilor Hines thought at- some point in .time, the Town has to provide the service and maybe it ;is time'for a-pilot program. Councilor Fawcett,stated he is in favor of bus service for Wildridge. Councilor Fawcett requested more information - where stops will be located - how many people have an interest - what time in AM - what time in PM - what time for children - age limit for children riding alone - how about a pay to ride cost. Councilor Fawcett would like the service to start sooner than later. We definitely want it in service when the recreation center opens. Councilor Nottingham reiterated the preliminary numbers to do a pilot program were based on 6 hours daily (3 hours in the morning and 3 hours in the afternoon) at $37.00 an hour. The annual cost was estimated to be $156,000. This has been one of the Town's goals for several years, but questions and cost prevail. Councilor Roof suggested a neighborhood survey to answer questions such as, would you use it - what time would you use it what about,a park & ride - should there be afee and what cost, etc. Councilor Hines stated at some point in time you just have to bite.the cost. Councilor Hines mentioned-the residents in the Town core do not pay tot-service and he is not in favor of charging Wildridge residents. Discussion-followed on location,of stops - route times - convenience is'key issue. Mayor Reynolds stated he is in favor of some sort of pilot program and felt Council was supporting this idea. Councilor Roof reiterated his suggestion of a neighborhood survey. Councilor Hines suggested a public forum with staff to address questions and receive input. Mr. James suggested incorporating the need for transportation in the updating of the Master Plan. Ms. Cole volunteered to go out and talk to people and get their input. More discussion followed on location of stops - route times - when is the best time to do a pilot program. Doug and Patty Cross, residents of Wildridge, expressed support for bus service in the Wildridge area. Ms. Cross answered questions away from the microphone and transcription is unavailable. Councilor Fawcett-motioned to request the Town Manager to look into a pilot program which would be probably two trips a day to the fire station and back nothing more and determine the feasibility of the availability of a bus and report back to Council on that. Councilor Roof seconded the motion. Councilor Roof stated to add to that maybe look at weekend service for the children if we can.handle both the working people and the kids. Councilor Fawcett noted he would like to see a study done within the next month. The study should include a short route with a people mover and if it seems feasibility, implement this winter. If things go well for us the first month, then it comes back to us for consideration to extend it. The motion carried unanimously. After further discussion, Council's consensus extended the study deadline from next month to two months. Councilor Fawcett suggested Ms. Cole bring in her surveys to the Town Clerk for distribution to the Council. 2 9 0 Council recessed at 8:21pm and reconvened at 8:25pm. Resolution No. 94-34, Series of 1994, A RESOLUTION OPPOSING AMENDMENT 12 ON THE NOVEMBER, 1994 STATEWIDE BALLOT Mayor Reynolds stated this Resolution is the same one that was approved in Aspen. Mayor Reynolds stated he forwarded this on to the Town Manager for placement on the Agenda. Attorney Dunn stated that Amendment 12 is billed as election reform but it isn't, it is just mischief. Amendment 12 places limits on campaign contributions by non-human beings. It does not place limitations by individuals, it is just on corporations and so forth. If you think that is a good idea, Amendment 15 will do that without all the other stuff in Amendment 12. There are lots of scary things, particularly with respect to Town government, it would have the potential to delay significantly the enactment of Ordinances. Amendment 12 would reduce the number of signatures necessary to get something on the ballot. It includes recall of judges. Amendment 12, like Amendment 1, has its ratchet down effect. Amendment 12 provides that measures rejected by voters may be fully or partially re-adopted only with voter approval. Councilor Fawcett asked if adopting this Resolution is legal for the Town Council to vote in favor or against a proposed Amendment. Attorney Dunn stated it is legal. One thing that Amendment 12 would do, would be to prohibit the Council from-that sort of thing. Councilor Hines mentioned discussions of NWCCOG. It was discussed that Amendment I passed because the governments were against it. Councilor Hines questioned if it is wise then to adopt this Resolution opposing Amendment 12. Councilor Nottingham motioned to approve Resolution No. 94-34, Series of 1994. Councilor Yoder seconded the motion and the motion carried unanimously. The next item on the Agenda under New Business was the A & P Change Order. Mr. James stated this change order is for the utility work in conjunction with the recreation center. The change order totals $9,968 which needs to be added to A & P's contract. Town Engineer Norm Wood gave "ad ' etail of expenses,-but was away from the microphone and unable to-transcribe.-'- Councilor Yoder motioned,approval of Change Order No. 1 in the amount,of "$9,,968 for civil site work on the recreation/library complex. Councilor Hazard seconded the motion and the motion carried unanimously. Next on the Agenda was the Town Attorney Report. Attorney Dunn informed that Mr. Terry Allen's deadline of October 7th came and went; he did not do anything. He did not file an answer to the complaint, thus he is in default. The next step is subject to a direction from the Council. Attorney Dunn mentioned he could be in court tomorrow afternoon and get a default judgement in. After filing, there is a waiting period of 15 days. Attorney Dunn added, that yesterday in the mail, the Town received an application for a building permit from Mr. Allen to finish the building. 3 Options discussed were 1) file default judgement to demolish the building or finish the project, 2) purchase tax certificates to foreclose on the deed, 3) and purchase the property from Mr. Allen. Attorney Dunn noted that if Mr. Allen makes a proper application for a building permit, we almost have to renew it. That is why we should proceed, in court, where we can demand such things as a performance bond. Councilor Yoder motioned to direct Attorney Dunn to proceed with default judgement. Councilor Roof seconded the motion and the motion carried unanimously. Next item added-to the Town Attorney Report was Chambertin / Anointed Christian Church. Mayor Reynolds stated he received a letter, dated September 29, 1994, from Dan Wallace, President of the Chambertin Homeowners Association. Apparently-, Chambertin'and the Anointed Christian Fellowship have not met, yet. Attorney Dunn added that he has spoken with Mr. Wallace. Attorney Dunn explained to Mr. Wallace why the Town.has not done anything..more;. all was included in the, easement agreement. The,only thing that wasn't included was some sort of requirement for reimbursement of capital expense and that was-just a matter between Chambertin and the Church. Attorney Dunn strongly urged him to get in direct contact with the Church to get those issues.worked out. Next on the Agenda was-the Consent Agenda: a.) Financial Matters b.) Approval of the September 27, 1994 Council Meeting Minutes. c.) Resolution No. 94-32, Series of 1994, A RESOLUTION APPROVING A CONDOMINIUM MAP OF LOT 14, A RESUBDIVISION OF LOT 13W, AND LOT 14, BLOCK 1, EAGLEBEND SUBDIVISION FILING NO. 1, TOWN OF AVON, EAGLE COUNTY, COLORADO d.) Resolution No. 94-33, Series of 1994, A RESOLUTION APPROVING THE FINAL PLAT FOR THE RESUBDIVISION OF LOT 45, BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Hines motioned to approve the Consent Agenda. Councilor Yoder 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 9:02PM RESPECTFULLY SUBMITTED: Patty Ney ar own Clerk 4 • 5