TC Minutes 10-26-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 26, 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 5:45 PM. A roll call was taken and Council
members present were Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian
Sipes and Ron Wolfe. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community
Development Director Tambi Katieb, Finance Director Scott Wright, Police Chief Jeff Layman,
Town Engineer Norm Wood and Public Works / Transit Director Bob Reed as well as members
of the press and public.
Citizen Input
Michael Cacioppo, Speakout owner, presented some information about his newspaper and
comments made from Walter Dandy, an Avon resident, about the Town advertising in the
newspaper.
Pastor Tom Schneider presented information about this year's Fall Fun Night on October 31St
from 4 pm until 8 pm, a non-scary alternative for Halloween activities for young children. He
noted that the event is run through nine local churches, with the lead organization as his Calvary
Church.
Finance Director Scott Wright presented the 2005 Town of Avon Budget and Capital Projects
Budget. Mayor Reynolds opened the public hearing and with no comments, the hearing was
closed. He noted that the Town Council would adopt the budget at the next meeting on
November 9U' with Resolutions. Copies of the budget are available at the Town offices as well
as a copy at the Avon Public Library.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-16, Series of 2004, on second reading,
An Ordinance Amending Section 2.08.040, Avon Municipal Code, Relating to the Jurisdiction of
the Municipal Court. He noted that this was housekeeping legislation addressing a decision of
the Colorado Supreme Court made earlier this year regarding municipal court and the
appropriate venues for zoning appeals. He noted that there are no changes to the Ordinance
since first reading. Mayor Reynolds opened the public hearing and with no comments he closed
the public hearing. A brief conversation was held on the amount of fines in Municipal Court and
whether or not Court as a function should pay for itself. Councilor Sipes moved to approve
Ordinance No. 04-16, Series of 2004, on second- reading, An Ordinance Amending Section
2.08.040, Avon Municipal Code, Relating to the Jurisdiction of the Municipal Court. Mayor Pro
Tern McDevitt seconded the motion and it passed unanimously with a roll call vote.
Town Attorney John Dunn presented Ordinance No. 04-17, Series of 2004, on second reading,
An Ordinance Approving The Third Amendment (The "Third Amendment") To The Annexation
And Development Agreement For The Village (At Avon) Dated As Of October 13, 1998, And
Recorded On November 25, 1998, At Reception No. 677743, As Amended By The First
Amendment To Annexation And Development Agreement Dated As Of November 13, 2001,
And Recorded On December 12, 2001, At Reception No. 779049, And The Second Amendment
To Annexation And Development Agreement Dated As Of May 27, 2003, And Recorded On July
30, 2003, At Reception No. 842248 (As So Amended, The "Development Agreement"); And
Authorizing And Instructing The Mayor Of The Town To Sign The Third Amendment On Behalf
Of The Town. He noted that the agreement addresses two items; firstly it corrects the method
of computing the cost of police services and agrees to a new formula that reflects the original
intent of the parties that the Village pay for the actual cost of police services provided to it. The
agreement takes effect July 1, 2004 and monies paid in 2004 would be half of the $200K and in
2005 are estimated at $212K. The second item included in the agreement is the deferment of
the construction of the improvements on East Beaver Creek Blvd from 2005 to completion in
2009 This arrangement was made due to the manner in which the development of the Village
has occurred thus far, with more construction taking place on the east side of the Village district.
The 2005 budget did include payment of the municipal services invoice.
Mayor Reynolds opened the public hearing. Avon resident Tamra Underwood provided
suggestions as to what should further be included in the agreement, i.e. a deadline of no later
than 2009 on Phase IV of the East Beaver Creek Blvd. road improvements which might in turn
force him to plan that area of town. Staff commented that the agreement states that before the
Village can subdivide any of the properties of A-F and H-J, they need to complete the Phase IV
improvements of East Beaver Creek Blvd. - beginning at the west end of East Beaver Creek
Blvd through to Post Blvd. There currently does not exist in this agreement a reference date of
Phase IV, a date that does not exist in the original agreement either. Some discussion ensued
about the idea of master planning the area and the pros and cons of including such a deadline.
Most members expressed that they did not see this as the appropriate time for further
negotiating the specifics of the project especially in light of the fact that the Town approached
the developer for this change. Avon resident Kristi Ferraro expressed concern about when
payment would be made to the town. Town Attorney Dunn noted that the agreement does
provide a commencement date of July 1, 2004, language that is enforceable. Further
clarification was made that since the payment date is mid-year an audit would be made at year-
end and an effort would be made to reconcile if the payment received did not meet,the actual
cost of services. With no further comments, Mayor Reynolds closed the public hearing.
Councilor D. Buckley moved to approve Ordinance No. 04-17, Series of 2004, on second
reading, An Ordinance Approving The Third Amendment (The "Third Amendment") To The
Annexation And Development Agreement For The Village (At Avon). Mayor Pro Tern McDevitt
seconded the motion and it passed unanimously with a roll call vote.
Finance Director Scott Wright presented Ordinance No. 04-18, Series Of 2004, First Reading,
An Ordinance Authorizing The Issuance Of Town Of Avon, Colorado, General Obligation
Refunding Bonds, Series 2004 And Related Supplemental "B" Interest Coupons; Providing The
Form, Terms And Conditions Of The Bonds And The Supplemental "B" Interest Coupons, The
Manner And Terms Of Issuance, The Manner Of Execution, The Method Of Payment And The
Security Therefore; Providing Certain Covenants And Other Details And Making Other
Provisions Concerning The Bonds; Ratifying Action Previously Taken And Appertaining Thereto;
And Repealing All Ordinances In Conflict Herewith. He noted that the refunding of the Series of
1997 General Obligation Bonds were issued to finance the construction of the roundabouts to
potentially save approximately $20K per year in debt service payments. He also noted that a
reduction of the mill rate would result in a direct savings to the Avon citizens. If interest rates
change after the election, the Town would decide not to proceed with the refunding. Second
reading would be in two weeks and David Bell would be at the meeting to answer questions at
that time. Further specifics were outlined. Council Sipes moved to approved Ordinance No. 04-
18, An Ordinance Authorizing The Issuance Of Town Of Avon, Colorado, General Obligation
Refunding Bonds, Series 2004, etc. Councilor D. Buckley seconded the motion and it passed
unanimously.
Regular Council Meeting Page 2 of 5
October 26, 2004
Community Development Director Tambi Katieb presented Ordinance No. 04-19, Series of
2004, An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it relates to
Outdoor Lighting Standards. He noted that Council heard the first reading of the Ordinance on
May 25, 2004 and again in June and the first meeting in October. He noted that Council
Identified the need for increased outdoor lighting regulations at earlier meetings, and this
proposed ordinance will address the issues of lighting because of the significant growth and
building activity the Town has and continues to experience. He noted the following highlights of
the version before them:
■ A five-year amortization provision for non-compliant light fixtures.
■ No exemption for municipal lighting fixtures. Instead, the 5-year CIP budget includes
funds for regular replacement of existing streetscape lights beginning in 2006. We will
schedule a work session before the close of this year with the Planning and Zoning
Commission and Council to select the new standard light fixtures for our streetscape
lights.
A "safe-harbor" provision for up-lighting based on the performance of such lights in a
case by case basis.
■ A "safe-harbor" provision for clear glass luminaries shielded by architecture of a
structure.
■ The required submittal of a lighting plan for all commercial projects and all residential
projects multifamily or larger.
■ Incorporation of diagrams of acceptable and unacceptable fixtures in the ordinance, as
well as a user guide available to the public that will feature example cut sheets of
recommended fixtures.
■ Finally, introduction of the Dark-Sky Preservation Initiative, a program that will create a
baseline measure of total observable lumens at select fixed points on the valley floor
located in prominent public areas, as well as photo documentation of existing lighting
conditions so that we might review those points and total lumen output after 5 years of
implementation of this ordinance to determine whether or not we have had a measurable
effect in keeping with the goals of this ordinance.
Council discussion ensued over the following topics:
✓ Business signage lighting - reviewed the public input from an earlier meeting whereby
the business community asked that business signage be allowed.
✓ Holiday light restrictions - whether or not to allow the flashing lights and the hour at
which to turn them off.
✓ Requirements from residential applicants on lighting plans
✓ CIP implementation plan and what priorities are changed or not - (CIP include
implementation beginning in 2006 at $250K per year.
✓ The need to include the definition of "partially shielded" and to include clarification of #6
in Section 15.30.040 (General Outdoor Lighting Standards).
✓ The need to include in the "Intent and Purpose" of the Ordinance, language that
addresses "light trespass".
✓ The need to restrict "up-lighting of trees" with the lights.
✓ The enforcement aspect of the ordinance as assigned to the code enforcement officer.
Lights in the commercial areas are more of a problem than in the residential areas.
✓ Lighting levels as related to safety issues and in general how intense or bright do signs
need to be with the suggestion that signs are dimmed to be safe but yet bright enough to
show a presence.
✓ Suggested that staff review the sign code next to address any inconsistencies or areas
that need revisions.
Regular council Meeting Page 3 of 5
October 26, 2004
Councilor Sipes moved to approve Ordinance No. 04-19, with the following modifications:
1. 15.30.040, D, 1. - Striking the portion of the line "flashing lights on residential properties
are prohibited and" so the sentence begins with "Holiday lights shall be turned off by 11
pm"
2. Paragraph C, strike in its entirety with the recommendation that staff review the town
sign code and come back with a future amendment that would address that (includes
sign lighting and lighting not used for safety purposes), perhaps not even under this
ordinance, but under the sign code itself.
3. 15.30.010 - move letter B) to be included in the last sentence of the "Intent and
Purpose" Section. So that both "light trespass and upward projecting light" are included
in that section.
4. Include a provision in here restricting upward lighting of trees.
Councilor D. Buckley seconded the motion. Further clarification was made to #1 above in
Section 15.30.040 to include only the residential section of town be turned off at 11 PM and not
the commercial core areas of town (anything that the Town pays for the electricity). Councilor
Wolfe proposed that the provisions also include a rewriting of paragraph 6 of 15.30.040 General
Outdoor Lighting Standards, to make that very lucid and clear as to what the safe harbor is.
Both Councilors Sipes and D. Buckley accepted the amendment. He further identified the need
to define "partially shielded" and write the paragraph to be more clear in regards to what is
accepted or not. It was noted that the Village at Avon would also be bound by this ordinance.
Michael Cacioppo addressed the Council with regard to the Holiday lighting and the rights
outlined in the first amendment of the Constitution, with the freedom of religion language. He
disagreed that the Town should restrict the need to turn off lights by 11 pm. Councilor D.
Buckley asked the Town's attorney to research the point. Further discussion ensued about that
topic as well as the need to restrict the up-lighting of trees. Councilor Sipes asked Katieb to
research if there were a timeframe and dates that the other neighbors in Eagle County were
adhering to.
Mayor Pro Tern McDevitt preferred to table the Ordinance due to the many revisions discussed,
so he moved to table Ordinance No. 04-19, An Ordinance Amending Title 15, Municipal Code of
the Town of Avon, as it relates to Outdoor Lighting Standards until next meeting to give staff an
opportunity to put this in the context of the ordinance. It was noted that the motion to table
takes precedence over the original motion. No second was heard on the motion. A roll call vote
was then taken on the original motion and it passed with a five to one vote (McDevitt nay).
Town Manager Report
Town Manager Larry Brooks highlighted his participation in the National ICMA conference.
Town Attorney Report
Town Attorney John Dunn informed Council that the Tract Y oral arguments took place last
week and he has no idea how the case will proceed. He also provided an update to Lot 61
litigation; a status conference is scheduled for December when he will ask the Court to act on
this.
Regular Council Meeting Page 4 of 5
October 26, 2004
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor P. Buckley moved to
adopt the consent agenda; Mayor Pro Tern McDevitt seconded the motion and it passed
unanimously.
a. Approval of the October 12, 2004 Regular Council Meeting Minutes
b. Colorado River Water Conservation District - Application for Eagle River Water Supply Contract
c. Resolution No. 04-39, Approving the Final Plat, A Resubdivision of Tract A, Lots 1,2,3,4,5 and
Part of Lot 6, McGrady Acres, and Part of Lots 1 and 2, Nottingham Cottages PUD and Part of
(Corrected) Final Plat - Condominium Map Sun River Condominiums, A Parcel of Land in Sec. 7,
T5S, R81W, 6th P.M., Town of Avon, Eagle County, Colorado (Post Blvd. and Nottingham Ranch
Road)
There being no further business to come before the Council, the meeting adjourned at 7 PM.
RE CTF L SUBMITTED:
C-
Patty c nny, Town rk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 5 of 5
October 26, 2004