TC Minutes 06-28-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JUNE 28, 1994 - 7:30 P.M.
The regular meeting of the Avon Town Council of the Town of Avon,
Colorado was held.in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Albert J. Reynolds at
7:38PM. A roll call was taken with Councilors John Hazard, Tom
Hines, Jim Roof, and Judy Yoder present. Councilors Jack Fawcett
and Celeste C. Nottingham were absent. Also present were Town
Manager Bill James, Town Attorney John Dunn, Town Engineer Norm
Wood, Superintendent of Recreation Meryl Jacobs, Director of
Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police
Chief Gary Thomas, Town Clerk Patty Neyhart, as well as members
of the press and public.
First Reading of Ordinance No. 94-13, Series of 1994, AN
ORDINANCE PROVIDING DEVELOPMENT STANDARDS FOR WILDRIDGE, TOWN OF
AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds commented some additional work needs to be done on
this Ordinance.
Councilor Yoder moved the first Ordinance we have in-regard to
providing development standards for Wildridge in the Town of Avon
be referred to the Planning and Zoning Commission for their input
and their recommendations. Councilor Hazard seconded the motion.
Attorney Dunn interjected that it is the intention of Staff to
make some changes to what you have here. I don't think you want
to refer this document to P & Z.
Mayor Reynolds stated we want to table it.
Councilor Yoder moved to table this and allow P & Z to make any
changes to this. Councilor Hines seconded the motion and the
motion carried unanimously.
Councilor Yoder stated she withdrew her first motion.
First Reading of Ordinance No. 94-14, Series of 1994, AN
ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL-CODE OF THE
TOWN OF AVON AS IT RELATES TO PENALTIES FOR THE VIOLATION THEREOF
Attorney Dunn stated this Ordinance began as a plan to provide an
alternative for enforcing cleanup and landscaping deposits. The
practice presently is, under certain circumstances, if for
example, the building is finished at the end of, or in the fall,
landscaping is not done, etc.-, a bond may be required to.get that
done in the spring. It-would'be an easier matter, rather-than
having to go after the bonds, to simply provide in the Ordinance
for people to be charged in Municipal Court when they fail to _
comply with the requirement that landscaping and paving, etc. be
finished. Therefore, the Ordinance, and actually the new
language is at the end of Section 1 Amendment just before Section
2 Amendment it's paragraphed, "that if the permit holder fails or
refuses to complete the cleanup and landscaping as defined in
this Chapter, such failure or-refusal should be a violation
hereof punishable under Section 15.08.280". In the process of
doing that I realized that, just as a result of the way the
building codes are adopted by reference, we don't actually have a
provision in the Town Code as opposed with the building codes
making a violation of the provision in the Town Code a .violation
of the Code.
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The only provision that we have in here currently is if there is
a violation of one of the building codes then that is a violation
of the Town Code. So, to sort of clean that up, I have added
language in under Section 2 Amendment doing the violations,
"shall be unlawful for any person, firm; etc., to erect, etc.,
any building or structure or maintain any building or structure
contrary to or in violation of any of the provisions of any of
the Codes or Standards named in the title of this Ordinance as
amended by this Ordinance. And, by adding the language "as
amended by this Ordinance" the amendments in the Code,'which are
amendments to the Building Code are subject to the penalty
provisions. And, likewise under Section 3 Amendment we have
added that any person violating any provisions of this Title 15,
which is the added language, or of the Uniform Building Code or
Building Code Standards shall be deemed guilty of a violation -
hereof. So, it just gives the Building Department working with
the Police Department more flexibility in terms of charging
violations of the building regulations of the Town; not just the
building codes but also the provisions of the Municipal Code
itself.
Councilor Hines asked if this Ordinance was discussed with Judge
Buck Allen. Attorney Dunn stated he has not discussed this with
Judge Allen. Attorney Dunn recommended passing the Ordinance on
first reading this evening and he will discuss this with Judge
Allen before the second reading.
Councilor Hines motioned,approval of Ordinance 94-13, Series of
1994, on first reading Councilor,-Hazard seconded the motion.
The motion carried unanimously.
Next on the Agenda under New Business was the AMD Agreement for
Services with the Town of Avon.
Mr. Larry Brooks stated this is a revised agreement between the
Avon Metropolitan District and the Town of Avon, for the services
the Town provides to the District. Mr. Brooks noted that the
auditors recommended changing-a few items in the existing
contract and this agreement is a result of those recommendations.
The two changes are compensation and insurance requirements.
Compensation is no longer tied to a percentage increase, but
rather to approval of the budget on an annual basis. The
insurance requirements were changed to concur with the existing
Colorado Governmental Immunities Act ($150,000 per person and
$600,000 per occurrence).
Councilor Yoder motioned to approve the AMD Agreement for
Services with the Town of Avon. Councilor Roof seconded the
motion. The motion carried unanimously.
Next on the Agenda under New Business was the Western Hoedown to
Benefit Eagle County Libraries.
Councilor Yoder stated this is the second year for Slifer, Smith,
& Frampton to sponsor a benefit for the Eagle County Libraries.
Last year, the Council attended and the Town paid for the members
attending.
Mayor-Reynolds noted no action was necessary as we will all be
there. Councilor Yoder added this is considered policy.
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Next on the Agenda was the Consent Agenda:
a.) Financial Matters
b.) Approval of the June 14, 1994 Council Meeting Minutes.
Councilor Yoder motioned to approve the Consent Agenda,.
Councilor Hines seconded the motion and the motion carried
unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 7:52PM
RESPECTFULLY'SUBMIT-TED:
Patty Ney art, Town Clerk
AP
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