TC Minutes 11-09-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 9, 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, Brian Sipes and Ron
Wolfe. Mac McDevitt was absent. 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, Recreation Director Meryl Jacobs and Public Works /
Transit Director Bob Reed as well as members of the press and public.
Citizen Input
Avon Business Association member and business owner of Beaver Liquors Michelle Courtney
informed the council that the quarterly business meeting for the ABA would be held November
10th at 5:30 pm at Fiesta Jalisco and all are invited to attend.
Ordinances
Finance Director Scott Wright presented Ordinance No. 04-18, Series Of 2004, Second
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 presented David
Bell with Hanifen Imhoff, the bond-underwriting firm, to answer questions and summarize the
transaction. Some discussion ensued about interest rates, the out of pocket costs of the deal,
and the public offering statement. Mayor Reynolds opened the public hearing, no comments
were made and the public hearing was closed. Councilor D. Buckley moved to approved
Ordinance No. 04-18, Series Of 2004, An Ordinance Authorizing The Issuance Of Town Of
Avon, Colorado, General Obligation Refunding Bonds, Series 2004 And Related Supplemental
"B" Interest Coupons, etc. Councilor Brown seconded the motion and it passed unanimously by
those members present (McDevitt absent).
Community Development Director Tambi Katieb presented Ordinance No. 04-19, Series of
2004, on Second Reading 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 explained the revisions
made in this version of the Ordinance before them such as:
✓ Revise opening statement of Intent and Purpose to include Recital B and the purpose of
preventing unnecessary upward lighting.
✓ Delete the sign lighting restriction entirely.
✓ Delete the restriction to flashing lights on residential properties, however retaining the
time restriction for residential properties only.
✓ Clarify the partially shielded and clear-glass fixture exemptions. Instead of defining
partially shielded, the performance language of a non-compliant fixture was reorganized
and clarified.
✓ Clarify the example lighting diagrams with "yes and "no".
✓ Add "trees" to the up-lighting provision to clarify the performance requirement.
Katieb noted that any further changes suggested tonight would be incorporated into the
Ordinance. Councilors Wolfe and Sipes began with some comments including the following
regarding the need for some clarification in the violations section, strike the time period for
allowing holiday lights, the need for further up lighting clarification, etc. Some discussion
ensued about several topics as follows,
1) Clarification of the lighting plan section to not include a plan on single family & duplex
applications
2) Clarification in the "violations" section by including "for any single fixture"
3) Removal of the timeframe for the holiday lighting
4) Clarification to include additional performance standards to 15.30.040 #6
5) The possible need to include an appeals process in the violations section
6) How to educate the community regarding this legislation and enforce the ordinance
Town Attorney John Dunn noted that this ordinance would be a part of the building code & that
does contain already an appeal process. He indicated that once a complaint is received, it is
handled in Municipal Court. Mayor Reynolds opened the public hearing and the following
people commented. Stuart Borne, Drew Dodd, Janine Glennon, Michelle Courtney. Some of
their concerns included:
✓ Enforcement of the ordinance, how does the town expect to enforce this ordinance?
Some discussion ensued about the role of Community Development with enforcement.
✓ What is the cost benefit of this ordinance?
✓ Several people requested an increase in the time allowed for implementation, especially
the larger residential projects
✓ Where do interior lights fit into this picture? (It was noted that Vista Restaurant's interior
lights of the restaurant are not part of this discussion and that those lights are acceptable
according to this ordinance).
✓ How does the town expect to measure whether or not the lighting has been decreased
by the passage of this legislation? It was noted that the Town does have such a tool for
measuring light.
Several people mentioned that initially they were against this legislation, but had changed their
minds to agree with the overall intent of the ordinance. Some final comments were made by
Council regarding the timeframe to allow for the implementation of the ordinance.
Councilor Sipes moved to approve on second reading Ordinance No. 04-19, Series of 2004, on
Second Reading An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it
relates to Outdoor Lighting Standards with amendments to the following sections:
■ 15.30.020 - add definition of holiday (seasonal) lighting
■ 15.30.020 - switch captions on the diagrams so it appears on the correct image
■ 15.30.040 - C) strike times from holiday lighting
■ 15.30.040 - C), #6, clarify this section per Ron Wolfe's suggestions.
Councilor Wolfe seconded the motion and asked that revisions be included to the following
sections:
■ 15.30.050 - clarify paragraph so that single family & duplex applications are exempt
from submitting lighting plans if the lighting fixtures and locations are reviewed under the
Design Review Guidelines (language as submitted by Councilor Sipes)
Regular Council Meeting Page 2 of 4
November 9, 2004
■ 15.30.060 - Violations - language clarified to include "for any single fixture"
Councilor Sipes accepted revisions as suggested by Councilor Wolfe. The motion passed with
a four to one roll call vote (P. Buckley - nay; McDevitt absent).
Resolutions
Finance Director Scott Wright presented the following budget related resolutions:
a. Resolution No. 04-40, Series of 2004, A Resolution Amend the 2004 Town of Avon Budget
b. Resolution No. 04-41, Series of 2004, A Resolution to Amend the 2004 Town of Avon
Capital Projects Fund Budget
c. Resolution No. 04-42, Series of 2004, A Resolution to Adopt the 2005 Town of Avon Budget
d. Resolution No. 04-43, Series of 2004, A Resolution to Accept the Proposed Town of Avon
Long Range Capital Program And Simultaneously Adopt the Year 2005 Capital Projects
Fund Budget
He summarized some of the highlights including fund balances, revenues and expenditures of
certain departments and funds. He noted that two other resolutions would follow in December
related to approving the mill levy. Councilor P. Buckley moved to adopt Resolution Nos. 04-40,
04-41, 04-42, and 04-43. Councilor Wolfe seconded the motion and it passed unanimously by
those members present (McDevitt absent).
New Business
Councilor Wolfe read the Veteran's Day Proclamation for the Town of Avon.
Town Attorney Report
Town Attorney John Dunn presented an update to the Lot 61 litigation noting that it appears a
settlement is close. He cited some of the details of what he knew at this time, although he
indicated that the Town would not be privy to all of the final details.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda; Councilor Brown seconded the motion and it passed unanimously.
a. Approval of the October 26, 2004 Council Meeting Minutes
b. Eagle County Regional Transportation Authority Service Agreement
c. Resolution No. 04-46, Series of 2004, Resolution approving the Amended Final Plat, The Village
at Avon, Filing 1, Town of Avon, Eagle County, Colorado
Farewell Comments of Outgoing Council Members
Outgoing members Councilor Brown and Mayor Reynolds made some comments about their
tenure as public servants and thanked both Council and staff for-the time working with them.
Mayor Reynolds noted it would be difficult since he has been with the Town of Avon for 21
years. Both congratulated new members coming in. Assistant Town Manager Jacquie Halburnt
made some comments to the outgoing members and gave each a gift as a token of the Town's
appreciation for their years of service. Town Manager Larry Brooks also noted his appreciation
for the years of service both Reynolds & Brown have served.
Regular Council Meeting Page 3 of 4
November 9, 2004
There being no further business to come before the Council, the meeting -adjourned at 7:10 PM.
RE P CTFU LY SUBMITTED:
Patty c nny, To r!~ rk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
November 9, 2004
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