TC Minutes 04-13-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 13, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:40 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 Attorney
John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town
Engineer Norm Wood, Finance Director Scott Wright, Community Development Director Ruth
Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director
Meryl Jacobs as well as members of the press and public.
Citizen Input
Town Planner Tambi Katieb presented an update to the Avon Comprehensive Planning process
currently underway. He highlighted several avenues that the community can become involved,
including surveys shown on the town's website.
Michael Cacioppo, Speakout owner, made some suggestions to improving the physical setting
of the Council room to include the general public more favorable, i.e. speak at the main podium
for both work session and regular meeting as well as televise the work session meetings on
television. He spent a few minutes describing the County's new live stream video project that is
being launched. After some further discussion, Council indicated that the work session would
be held at the main podium, meetings would begin at 3 PM, and Councilor Brown would check
with Channel 5 about taping & televising the council work sessions.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-05, Series Of 2004, on second reading,
An Ordinance Of The Town Of Avon, Adopting By Reference And Reenacting The Municipal
Code For The Town Of Avon; Providing For The Repeal Of Certain Ordinances Not Included
Therein; Providing A, Penalty For The Violation Thereof; Providing For The Manner Of
Amending Such Code; And Providing When Such Code And This Ordinance Shall Become
Effective. He noted that Council authorized the selection of a new codifier to reprint the Avon
Municipal Code and that according to Colorado Statutes it was necessary to readopt all codes in
the existing book (including codes by reference) as well the penalty provisions of each section.
Dunn noted that revisions were made to the "penalty sections" of the Code Book. Mayor
Reyonlds opened the public hearing, no comments were made, and the public hearing was
closed. Councilor D. Buckley moved to adopt Ordinance No. 04-05, Series Of 2004, on second
reading, An Ordinance Of The Town Of Avon, Adopting By Reference And Reenacting The
Municipal Code For The Town Of Avon; Providing For The Repeal Of Certain Ordinances Not
Included Therein; Providing A Penalty For The Violation Thereof; Providing For The Manner Of
Amending Such Code; And Providing When Such Code And This Ordinance Shall Become
Effective, including the revisions. Councilor Brown seconded the motion and it passed
unanimously with a roll call vote.
Finance Director Scott Wright presented Ordinance No. 04-06, Series of 2004, An Ordinance of
the Town of Avon, Eagle County, Colorado, Granting by Franchise to Public Service Company
of Colorado, its affiliates, successors and assigns, the right to use the Streets within the Town to
furnish, sell, transport and distribute gas to the Town and to all Residents of the town, granting
the right to acquire, construct, install, located, maintain, operate and extend into, within and
through the Town all facilities reasonably necessary to furnish, sell, transport, and distribute gas
within and through the Town; and fixing the Terms and conditions thereof. He noted that this
ordinance would adopt a franchise agreement with Public Service Company of Colorado
("PSCo")and in summary it conveys the right to PSCo to provide public utility service (in this
case natural gas) within the Town of Avon boundaries and allow the use of Town rights-of-way
for the location of utility facilities and equipment, in exchange for the payment of a franchise fee.
He explained that the rights are non-exclusive and the Town reserves the right to make or grant
a similar franchise to any other company. The terms proposed is twenty years and the
franchise fee proposed is equal to three percent (3%) of revenues. Revenues generated by this
fee in 2003 were $47,404. He noted that Wade Haerle, representative of the Company would
be at the next meeting to answer questions. Several council members had concerns with the
following items: 1) Length of term of agreement at 20 years discourages competition, 2) the
impact of complete de-regulation. After some further discussion, a motion was made by
Councilor P. Buckley to table the Ordinance. Councilor D. Buckley seconded the motion and it
was tabled with the following roll call vote: Brown, D. Buckley, P. Buckley, Wolfe - yea; Sipes -
nay; McDevitt - abstain. Council directed staff to return at the next meeting with another
ordinance that would extend the current agreement for a period of 3 months. .
Resolutions
Finance Director Scott Wright presented the following Resolutions:
Resolution No. 04-09, Series of 2004, A Resolution Authorizing the Town of Avon to Pay the
Purchase Option Price in order to Purchase Sherwood Meadows Condominium Units
■ Resolution No. 04-10, Series of 2004, A Resolution to Amend the 2004 Town of Avon
Budget
■ Resolution No. 04-11, Series of 2004, A Resolution Authorizing the Town of Avon to sell ten
Sherwood Meadows Condominium Units
He noted that action on the three resolutions would authorize the Town to exercise and pay the
purchase option in order to acquire the Sherwood Meadows condominium units as well as
amend the Town of Avon Finance Authority and Sherwood Meadows Enterprise Fund budgets
to reflect the pay-off of the Certificates of Participations and the sale of ten condo units and
finally allow for the sale of the units. He informed the Council that the Town would save
approximately $165K annually by not having to subsidize this fund anymore. Council thanked
staff involved in helping them accomplish this goal and obtain the savings.
The following motions were made:
Councilor Wolfe moved to approve Resolution No. 04-09, Series of 2004, A Resolution
Authorizing the Town of Avon to Pay the Purchase Option Price in order to Purchase Sherwood
Meadows Condominium Units. Councilor Sipes- seconded the motion and the Resolution
passed unanimously.
Councilor Sipes moved to approve Resolution No. 04-10, Series of 2004, A Resolution to
Amend the 2004 Town of Avon Budget. Mayor Pro Tern McDevitt seconded the motion and the
Resolution passed unanimously.
Councilor Wolfe moved to approved Resolution No. 04-11, Series of 2004, A Resolution
Authorizing the Town of Avon to sell ten Sherwood Meadows Condominium Units. Councilor
Brown seconded the motion and the Resolution passed unanimously.
New Business
Town Engineer Norm Wood presented information related to the Town's water rights, water
consumption and corresponding development. Included were 2 memos from Leonard Rice
Engineers, Ind. Dated 4/5 and 4/8 2004. He listed a number of issues that will require further
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April 13, 2004
clarification (items were identified in the memo to Council). Reconciling the number of SFE's is
the primary goal of the research. He noted that meetings would be held in the near future to try,
resolve the discrepancies that exist between the two analysis and then the group will try to
develop a method to address development proposals that may exceed current projections.
Some discussion ensued about the costs of the new event, Movies in the Park, presented by
the Special Events staff. It was agreed to give the Recreation Department more time to recruit
sponsors for the event.
Town Attorney Report
Town Attorney John Dunn reported that after an extensive hearing in Eagle County District
Court last week on Avon Center's application for preliminary injunction on the development of
Lot 61, the motion was denied by Judge Moore. He noted that the litigation remains pending at
this time.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt asked
that item (e) Western Enterprise, Inc. Contract be removed from the agenda and then moved to
adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed
unanimously.
a. Approval of the March 23, 2004 Regular Council Meeting Minutes
b. Approval of the February 24, 2004 Avon Liquor Licensing Authority Board Meeting Minutes
c. Renewal of Hotel Restaurant Liquor License for Outback/Denver I Limited Partnership d/b/a
Outback Steakhouse #0623, 240 Chapel Place, Bldg B, Lamar Gentry Manager.
d. Renewal of 3.2% Beer Retail License (Off Premises) Wal-Mart Stores, Inc. d/b/a Wal-Mart
Supercenter #1199, 171 Yoder Avenue, Jeff Crump Manager.
e. American Crown Circus Contract
f. Intergovernmental Agreement regarding 1-70 Central Mountain Corridor Coalition
There being no further business to come before the Council, the meeting adjourned at 7 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
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April 13, 2004