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TC Minutes 05-27-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 27, 2003 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 Buz 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 Attomey John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halbumt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Business owners were present to submit letters asking the Town to reinstate the fireworks festivities for July 4th, some of who included the following businesses: Capco Tile & Stone, Lodge at Avon Center, Vail Valley Chamber & Tourism Bureau, Avon Liquor, First Bank, Hugh Joyce, Wildridge resident, Heather Weans, Avon resident, Comfort Inn, Dennys, AGM - Rocky Mountain Broadcasting, Beaver Liquors, Falcon Point Resort, Mojo Music, Dominos Pizza, The Bag & Pack Shop, The Ritz-Carlton, Vista Restaurant Mayor Reynolds corrected some misconceptions about the situation and explained some of the reasons behind the decision to eliminate the fireworks, i.e. the existing fire ban at the time, the approximately $100K in costs to produce the event, fire department availability to staff the event, the idea of scheduling a series of events and spreading the funding throughout the summer instead of just sponsoring one event. Some discussion occurred about how the Town continues to try to resolve several budget issues, such as how to fund skier shuttles vs funding July,4th fireworks. The Council appreciated the business owners' input on what they would like to see the event be and asked them to become a part of the process of sponsoring the, event. Some further discussion took place on what challenges exist with securing the pyrotechnics staff as well as the challenges that are presented when alcohol was allowed in the park and how the role of the merchant's association might be more instrumental in the process. It was communicated by the business owners that the long-term future of the event was a priority for them. Some action items which resulted from the discussion amongst the group include the following: ✓ Estimated $45K to fund an 8 to 10 minutes fireworks show, likely to be in conjunction with the laser show. ✓ Need to secure sponsorship funding in the amount of $20K by the end of the week. ✓ The Town would agree to fund the other $25K to pay for the infrastructure for the festivities. ✓ Determine some sales tax numbers that might show whether or not the crowd in town supports the July 4th event. Begin some comparisons of current & future years sales tax collections with past years. Ordinances Second Reading Town Engineer Norm Wood presented Ordinance No. 03-08, Series of 2003 on second reading, an Ordinance Approving the Second Amendment to the Annexation and Development Agreement for The Village (at Avon). He noted that the first amendment to the Annexation & Development Agreement was approved on November 13, 2001. The Second Amendment changes the Highway 6 Exaction requirement and replaces it with a Highway 6 Trail Exaction requirement. He explained the details of both exactions and noted that the trail exaction was for the design and construction costs for sections of a proposed pedestrian trail system along Highway 6. This exaction is a result of public concerns expressed by Eagle-Vail residents through their Metro District Board and the County Commissioners. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Councilor Sipes abstained from this vote. Councilor Wolfe moved to approve Ordinance No. 03-08, Series of 2003 on second reading, an Ordinance Approving the Second Amendment to the Annexation and Development Agreement for The Village (at Avon). Councilor Brown moved to second the motion, a roll call vote was taken and the motion passed unanimously (Sipes abstained). Finance Director Scott Wright presented Ordinance No. 03-09, Series of 2003, An Ordinance Amending Ordinance No. 83-20, Series of 1983, Granting a Franchise to Public Service Company of Colorado on second reading. The ordinance extends for one year the Town's gas franchise agreement with Xcel Energy'(formerly Public Service Co.). Some discussion occurred regarding length of agreement, etc. He noted that the current agreement'expires May 24th and an extension would provide staff and Xcel an opportunity to thoroughly review the provisions within the current agreement prior to negotiating the new agreement. Councilor P. Buckley asked about the fee collected from the gas company. Scott noted that the fee was not currently collected with Xcel Energy, and he has already raised the question with the company. Council asked that the question be pursued. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed: Councilor D. Buckley moved to approve Ordinance No. 03-09, Series of 2003, An Ordinance Amending Ordinance No. 83-20, Series of 1983, Granting a Franchise to Public Service Company of Colorado. Councilor Brown seconded the motion, a roll call vote was taken, and the motion passed unanimously. Resolution Town Engineer Norm Wood presented Resolution No. 03-20, a Pipeline Crossing Agreement for the, installation of two proposed underground drainage pipelines crossing railroad property. The installation is a necessary part of the Buck Creek Stormwater Drainage Project. It was noted that any costs associated with the execution of the agreement would be covered by the project contingency fund. Staff recommended approval of this agreement and resolution. Councilor D. Buckley moved to approve Resolution No. 03-20, Series of 2003, a Resolution approving and authorizing execution of the pipeline crossing agreement with the Union Pacific Railroad Company as required for completion of the Buck Creek Stormwater Drainage Project in the Town of Avon, Colorado. Councilor McDevitt seconded the motion and it passed unanimously. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda. Councilor McDevitt seconded the motion and it passed unanimously. a. Approval of the May 13, 2003 Regular Council Meeting Minutes b. July 4th Salute - Band Contract with Bay City Rollers Band c. July 0 Salute -Band Contract with Aubrey Collins Regular Council Meeting Page 2 of 3 May 27, 2003 There being no further business to come before the Council, the meeting adjourned. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian, Sipes - Ron Wolfe Regular Council Meeting May 27, 2003 RESP TFULLY SUBMITTED: C Patty cl( rijr, Town C Page 3 of 3