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TC Minutes 06-07-1979MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCILMEMBERS OF THE TOWN OF AVON JUNE 7;.1979 The Special Meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Office, second floor, Benchmark Center, Avon, Colorado. The meeting was called to order by Mayor Angelo Alpi at 7:50 P.M. A roll call was taken with Council members Al Alpi, Bill Doyle, Richard Casserley, Carol Richards and Jim Wells present. Councilmembers Steven Erickson and Allan Nottingham were absent. Also present were Town Attorney John Blish and Benchmark Planner Mike Blair. The second reading of and the public hearing on Ordinance No. 79-13, Referendum Election Questions for the Town of Avon was held. John Blish pointed out spelling errors and amendments to the questions. After discussion, the Council then deleted Question No. 3 from the Ordinance. Jim Wells moved that the Council approve Ordinance No. 79-13, "AN ORDINANCE SETTING OUT THE QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTION AND PROVIDING FOR DETAILS IN RELATION THERETO," as amended with changes. Richard Casserley seconded the motion; a roll call vote was taken with all present Councilmembers voting yes. (A COPY OF SAID ORDINANCE IS ATTACHED TO THESE MINUTES) The second reading of and the public hearing on Ordinance No. 79-9, Subdivision Regulations was held. Mike Blair indicated that he would like to offer technical and administrative assistance during Council review of the Ordinance. A lengthy discussion on "time-sharing" in reference to Section 1.08 Subdivision or Subdivided Land was held with each Councilmember giving input. Other dis- cussion on the recording of documents was also..held. John.Blish stated that he would draft a Resolution regarding the latter. Changes were made to the Ordinance, page by page through page-12.,_. Some of the changes consisted of correcting grammatical, typographical and spelling errors. Concluding discussion, the Council agreed to table the second reading of Ordinance No. 79-9 to a Special Meeting on June 14, 1979. There being no other business, Bill Doyle moved that the meeting be adjourned; seconded by Jim Wells and adjourned by the Mayor at 11:15 P.M. Respectfully submitted, s ORDINANCE NO. 79-13 SERIES OF 1979 AN ORDINANCE SETTING OUT THE QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTION AND PROVIDING FOR DETAILS IN RELATION THERETO. NOW, THEREFORE, be it ordained by the Town Council of the Town of Avon, Colorado that the following questions be sub- mitted to the referendum election to be held on July 10, 1979: 1.) Granting of Franchises Shall Section 17.6 of the Charter for the Town of Avon, Colorado be amended to read: "The Town Council shall establish by Ordinance the terms, fees, compensation, conditions and any other matters related to granting of fran- chises."? A 'yes' vote on this ,ivsb ue w,i Ft pehn it the Counc,it to gAan-t a 6,tanch ae bon Cabte TV in Avon, Coto4ado. 2.) Tax Authority and Limitations Shall the following language in Section 13.1 of the Town Charter for the Town of Avon, Colorado be deleted: "Provided, however, that no use tax, occupation tax or excise tax shall be levied until such tax shall be approved by a majority of the elec- torate, voting at a regular or special election; and provided, further, that..."? A ' yeas' vote on this ,in6,5ue wilt provided the Councit with the authoAi.-ty to .levy a tax on etec-thic, -telephone and otheA pubtic ut,1Q,itim. 3.) Terms of Office - Mayor and Councilmembers Shall Section 4.2 (d) and (e) of the Charter for the Town of Avon, Colorado be amended to read: "(d) The terms of office for Councilmembers shall be for four (4) years provided, however, that no member shall serve for more than eight consecutive years. Any Councilmember who is appointed to fill a vacancy as well as any Councilmember who was initially elected in the election which took place on August 8, 1978, may serve, in addition to the initial term a total of no more than eight additional years."? A ' yeas' vote on this iz sue wW cZa,, i {y the maximum -tm" and number o4 yeafL6 each Town Counc,itmemben may zenve. 4.) Town Manager Shall Section 8.1 of the Charter for the Town of Avon, Colorado be amended to read: (AMENDMENT IN CAPITAL LETTERS/BOLD)' -2- "The Mayor shall be the chief executive and administrative officer of the Town until such time as the Council shall appoint a Town Man- ager. DURING SUCH PERIOD OF TIME AND PRIOR TO THE APPOINTMENT OF A TOWN MANAGER, THE MAYOR SHALL BE COMPENSATED AS THE COUNCIL MAY DE- TERMINE BY ORDINANCE. At such time as the Council shall appoint a Town Manager the pro- visions of this Chapter VIII shall control. The Council, by a majority vote, shall appoint a Town Manager within a reasonable time when- ever a vacancy exists in such position. Such appointment shall be without definite term and shall be at a salary to be fixed by the Council. The Manager shall be appointed with- out regard to any consideration other than his fitness, competency, training and experience as a Manager. At the time of his appointment, he need not be a resident of the Town or State, but during tenure of Office he shall reside within the Town. No member of the Council shall be appointed Manager at the time said person is a member of the Council."? A ' ya' vote upon thin -usbue wilt attow the Mayon to be com- penzated white peA6onming nequ Aed adm.inizttc.ative dutiez, unti.t .6uch time ass the Town Councit deems it necuzaAy to h iAe a 6utt-time Town Managers. 5.) Qualifications Shall Section 4.6 (b) of the Charter for the Town of Avon, Colorado be amended to read: "No elected official shall be a salaried employee of the Town during his term of office, other than as provided in this Charter."? A 'yes' vote on thin .usaue w.itt ctani6y the zenv,ieez that Town Coune.it membeu may pe 64om 6oA the Town. All referendum election questions shall be submitted to the electorate in both, the English and Spanish language. 1 f -3- INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED THIS DAY OF , 1979. TOWN OF AVON ! r i BY: l MA O ATTTEST: BY: TOWN CLERK INTRODUCED, APPROVED AS AMENDED ON SECOND EADING, PASSED, ENACTED AND ORDERED PUBLISHED THIS DAY OF t.,, 1979 TOWN OF AVON BY: 411/tl-tf ATTEST: BYE. r.~ r~'7 Lam- - TOWN CLERK STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF a public hearing before the Town Council of the Town of Avon, Colorado, at 7:30 P.M. on the 7th day of June, 1979 at the Town Hall for the purpose of considering the adoption of ORDINANCE NO. 79-13: AN ORDINANCE SETTING OUT THE QUESTIONS TO BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM ELECTION TO BE HELD ON JULY 10, 1979; PROVIDING THE SPECIFIC LANGUAGE OF EACH QUESTION AND PRO- VIDING FOR DETAILS IN RELATION THERETO. A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This meeting is open to the general public. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 31st day of May, 1979. TOWN OF AVON, COLORADO By order of the Town Council By: TOWN CLERK POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 1, 1979: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER