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TC Minutes 04-10-200119 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 10, 2001 A regular meeting 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 Judy Yoder at 5:30 PM. A roll call'was taken with Councilors Mike Brown, Debbie Buckley, Peter Buckley, Rick Cuny, and Mac McDevitt and Mayor Protem Buz Reynolds present. Also present were Town Manager Bill Elting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Finance Director Scott Wright, Police Chief Jeff Layman; Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Mike Matzko, Asst. Director of Community Development Ruth Borne, Planning Technician Eric Johnson as well as members of the public. Easter' In Avon Update Youth Recreation Coordinator Ron Moreno stated that Easter in Avon would take place on Saturday, April 14 from.10:00 AM to 12:00 PM at the recreation center. Mr. Moreno gave an update to the Council of the event. Ordinances: Second Reading of Ordinance No. 01=03, Series of 2001, An Ordinance Repealing and Re-Enacting Section 15.28.080M of the Town Code Concerning Temporary Signs Mayor Yoder stated this. is a public hearing. . Planning Technician Eric Johnson stated this amendment clarifies the duration and frequency allowed for temporary signs. It also allows temporary signage during the permitting and installation process of the permanent signs. . Councilor Cuny asked if a business needs a permit to hang a "Sale" banner for a day. Mr. Johnson stated that is correct. Councilor Cuny questioned if there was a limit per year that they can hang the sign.. Mr. Johnson stated that the temporary sign may be up for 30 continuous days per calendar year. The Planning & Zoning Commission, if requested, to allow for more temporary signage, may grant a variance. There being no comments from the public, Mayor Yoder closed the public hearing. Mayor Protem Reynolds clarified that signs are allowed only for 30 days during the year. Councilor Cuny stated yes, but only once a year. r ~ Town Manager Efting stated this is not for signs.placed in windows it is for external banners. Councilor Debbie Buckley motioned approval of Ordinance No. 01-03, Series of 2001 on second reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried with Councilor Cuny voting nay. Resolutions: Resolution No. 01-07, Series of 2001, A Resolution to Amend the 2001 Town of Avon Budget Town Engineer Norm Wood stated this amendment is to the Capital Improvements Budget to reflect the differences in beginning fund balance, which is greater than was originally budgeted. He also stated that some projects that were anticipated for completion last year were rolled forward into this year, and some projects scheduled for this year have been put off to a later date. Councilor Cuny motioned approval of Resolution No. 01-07, Series of 2001. Councilor McDevitt seconded the motion. The motion carried unanimously. New Business: Village at Avon Preliminary Plan Presentation Town Engineer Norm Wood presented the proposed Filing 1 subdivision as submitted by Traer Creek, LLC. Mr. Wood stated that this filing is the area between the interstate and the'railroad right-of-ways, approximately 176 acres. He stated that there have been two approved variances for this application. One variance is for a cul-de-sac that will extend to a proposed public works site, the second variance is to allow them to proceed with on site grading prior to final plat approval. Mr. Wood also pointed-out the, proposed temporary,access for construction traffic at Stonebridge Drive going across, the railroad tracks and tying into the proposed extension of East Beaver Creek Blvd., which runs down the old stol-port runway. Another item in regards to the proposed grading is that they are anticipating one million yards of excess excavation material that will need to be stored ;temporarily. They have designated that storage area. Regular Council Meeting April 10, 2001 a Mr. Wood requested that the Council refer this to the Planning & Zoning Commission for approval. The Council's consensus was to refer the item to the Planning & Zoning Commission. New Business: Mayor Yoder, stated that Item d on the Consent Agenda (Construction Contract Award for Nottingham Road Bike Path) would be removed from the Consent Agenda to be discussed under New Business. Town Engineer Norm Wood stated that B&B Excavating was the low bidder for this project at $650,056. - Staff recommends that they be awarded the contract. Councilor Peter Buckley stated that he does agree with the project and the bike paths, but does not agree to spend $50,175 on landscaping, trees, and irrigation. He would like the expenditure removed and proceed with the bike path. Mayor Yoder stated that she feels the landscaping is very important and that the town has done a really good job landscaping the rest of the town and feels that it needs to continue. Councilor Curly stated that the landscaping is needed and is not that much more money in the overall budget for the project. Councilor McDevitt stated with the bike path's proximity to the interstate it needs better landscaping. Councilor'Brown stated that the landscaping needs to be consistent with the rest of the town, and that it distinguishes the town. Councilor Brown motioned approval of the Construction Contract Award for Nottingham Road Bike Path. Councilor McDevitt seconded the motion. The motion carried with Councilor Peter Buckley voting -nay. Mayor Report: Mayor Yoder encouraged everyone to take partin Easter in Avon. Regular Council Meeting 3 April 10, 2001 0 Other Business: 0 Councilor Peter Buckley commented on the Wildridge power line proposal to spend $25,000 to keep the process moving forward to reroute the power lines. He stated that for the record, Councilor Peter Buckley and Councilor Debbie Buckley voted for that proposal. He stated that Councilors Brown, Curly, McDevitt, Mayor Protem Reynolds, and Mayor Yoder voted against the proposal. Mayor Protem Reynolds stated that the $25,000 was for Holy Cross to proceed with the process to look where the power lines would go and how much it would cost to do the power lines. He stated there have been estimates close to $2 million to do that. He stated that would be taxes from a special district in Wildridge. He added that most of the people he has talked to in Wildridge are not in favor of this because of the increase in taxes. He did not want to spend $25,000 on something that we can't afford to do in the first place that is not going to be approved. Councilor Cuny stated that Councilor Peter Buckley's attempt to put blame on the Councilmembers who voted against this proposal is lame. He stated that Mr. Buckley ran on a campaign of a false promise that he could guarantee this to happen and it looks like it is not going to happen and he wants his constituents to know that it is not his fault. Councilor McDevitt stated with a small special district, the citizens still have the ability to continue forward on their own and bring a very strong recommendation to the Council that they are willing to pay this kind of money to have the power lines rerouted. He encouraged them to do that if they see the need for it. Mayor Protem Reynolds added that the $25,000 would be spent by all the citizens of Avon, not just the people in Wildridge. The benefits are to just the people in Wildridge who are going to have the power lines removed. He stated that it is not right for the rest of the people of Avon to pay for it. Councilor Peter Buckley commented that Mayor Protem Reynolds voted to spend $50,000 of everyone's tax money to put landscaping and irrigation along a bike path along Nottingham Road. He stated that he finds Mr. Reynolds position inconsistent. Mayor Protem Reynolds stated that the landscaping to show off our town is something that we have been working on for such a long time. We've spent a lot of money and time creating the roundabouts to show a presence within the town that is pleasant. This landscaping, because we live in and climate, we have to create what is there and that is what we've done. We've created the beauty within our town. If you don't put the landscaping in, and just leave it barren, all the homes within these hillsides would look barren. He feels that spending $50,000 to landscape the bike path is reasonable. Councilor Brown stated for the record that a number of Wildridge residents have sought him out to express that they :are adamantly opposed to this. Regular Council Meeting April 10, 2001 0 • Councilor Debbie Buckley commented that she does not think that the power line issue is dead. She stated that she and Councilor Peter Buckley have been approached by a lot of people about the issue mostly because of where they live. She encouraged the people to call them. She stated that they may need to look at some other options with a citizen's initiative, she stated it is not something that she and Mr. Buckley can do by themselves and encouraged the people to get more involved and lend some support to the process. Councilor Brown stated that he sees nothing wrong with that, but at this time he has not seen that demand. He agreed that he sees nothing wrong with people coming forward and expressing demand for that. Councilor Debbie Buckley stated that this issue came up at the Wildridge meeting last July (or October). She stated that this is how the whole thing got started. She stated that Mr. Buckley was not on the Council at that point, but citizens brought it up at that time. She wants to continue looking at the issue and that there is maybe some other ways to accomplish it. Mayor Protem Reynolds stated that he has been working on this issue for nine years. It isn't something that's just come up. He stated that it is something that he's been trying to get done for an extremely long time. He added that he is one of the original residents in Wildridge. He felt that it was good to get it done while it was still affordable, now it is not affordable. Even then it was too much of a tax burden on the residents who were there. Mayor Yoder stated that this issue did come before the Council over eight years. ago so it is not a new issue. She stated that even eight years ago it was decided that it was not affordable for the people in Wildridge to pay for. Mr. Michael Cacioppo, editor of Speakout Newspaper, confirmed that the people in Wildridge would be in their own special district and they would be the ones paying for it, not all the citizens of Avon. He.asked if the people in the special district are the ones who would pay for it, is there a problem putting the issue to vote to see if they are willing to. pay for it. Mayor Yoder stated they are hoping that if the people of Wildridge want this to come to a vote, they will get together and come to us and ask us to put it on the ballot. We have not seen that. If they would like to do that then we would be happy to listen. Mayor Protem Reynolds stated that he has spoken to many people in the subdivision and more than fifty percent of the people he has talked to say they are adamantly against it. The other people don't really understand why we wanted to move them in the first place. The power lines were there When they bought the land and the people who bought the land knew that they were going to be there'arid that's the way things were. He stated it would be a very hard sell to get most of the subdivision to increase their taxes by a substantial amount and have no benefit.; Regular Council Meeting April 10, 2001 Mr. Cacioppo asked what the amount would be. He was told approximately $2 million. He then asked what the amount of tax per $100,000. Mayor Yoder stated that is another issue. How would you decide? She stated that- there are 116 units adjacent to the power lines, so do you tax them and not the others? Do you tax the whole subdivision equally? Do you do a different shared amount? She stated that those are all things that we would have to look at if we get enough people from Wildridge coming to us, particularly, if they are amongst the 116 units. Councilor Peter Buckley pointed out that it takes more than just the people showing up in the room. He stated in order to move the process forward it would take $25,000 to keep the process moving forward. He stated that yes we would need the people in the room, but also a minimum of four votes on Council to move the process ahead; we only have two votes now. Councilor McDevitt,disagreed and stated that if the majority of the 116 homes say yes' they would foot the bill amongst themselves, then Mr. McDevitt stated that he would be happy to let those people do it and go ahead with the $25,000 to get a firm estimate. Consent Agenda: a.) Approval of the March 27, 2001 Council Meeting Minutes b.) Triathlon Sanction Agreement with USA Triathlon c.) East Avon Street Improvements Design Services and Plan Revisions d.) Construction Contract Award for, Nottingham Road Bike Path e.) Agreements with CDOT for Nottingham Road Bike Path Mayor Yoder stated. that the Consent Agenda would be without item d. Councilor Brown motioned approval of the Consent Agenda. ,Councilor McDevitt seconded the motion. J he motion carried unanimously. There being no further business to come befote the Council; Councilor McDevitt motioned to adjourn the meeting. 'Councilor Brown seconded the motion. The motion carried unanimously and the meeting adjourn at 5:53 PM. Y SUBMITTED: Clerk Regular Council Meeting April 10, 2001 APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting April 10, 2001 7