TC Minutes 04-11-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 11, 1995 - 7:30 P.M.
A 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 Reynolds at 7:33PM. A
roll call was taken with Councilors Richard Carnes, Jack Fawcett,
Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also
present were Town Manager Bill James, Town Attorney John Dunn,
Town Clerk Patty Neyhart, Town Engineer Norm Wood, Police Chief
Gary Thomas, Director of Municipal Services Larry Brooks,
Recreation Director Meryl Jacobs, and Town Planner Mary Holden,
as well as members of the press and public.
Citizen Input: Announcement,,,of the Appointed.Planning & Zoning
.Commissioners
Mayor Reynolds announced the appointed Planning & ,Zoning
Commissioners are Jack'Hunn, Albert D. Reynolds, Beth..S. Stanley,
and Henry Vest.
Citizen Input: Appointment of a Council Member
Town Clerk Patty Neyhart distributed ballots to Councilmembers.
Ballots were collected and tallied by Town Clerk Neyhart and
verified by Town Attorney John Dunn.
Mayor Reynolds announced the newly appointed council member is
Jim Benson. Mr. Benson will be sworn in during next council
meeting.
Citizen Input: Update on Sewer Plant Expansion
Mr. Mike Poeckes reminded they were here approximately one year
ago to discuss the preliminary design for the improvements'on-the
facility. Mr. Poeckes stated they hired an engineering firm to
produce a final design and are now ready to construct the
project. Mr. Poeckes introduced Mr. Bruce Petrick and Mr. Jim
Riss from the engineering firm.
Mr. Riss stated the project includes the Avon waste water plant
and the Squaw Creek waste water plant. The project includes the
addition of ATAG facilities, which are the digestion facilities
for the sludge that is produced at the Avon plant. The objective
of the facility is to produce class A or.top quality by-products.
Also a part of this project is the replacement of the existing
head works with new facilities and the addition of new primary
sedimentation tanks. The new facilities at the Avon plant are
intended to improve both the performance and the operations of
the liquid side of the plant, as well as the solid side and to
improve ventilation. Part of the facility is very low profile -
basically at ground level. The completion of the project is
scheduled for September, 1996. Site plans were discussed.
Mr. Poeckes noted the ATAG system actually cuts down on the
production of sludge and will be all enclosed. The additional
odor control facilities will take care of anything that may
escape from that. This will be a major addition to the existing
facility - there is no positive odor control system at present.
Mr. Poeckes left a copy of the amended 201 facility plan for the
project and a copy of the site approval application. The town
needs to take a look at this and sign off on it. Mr. Poeckes
stated they will need to go before the County and again before
the Avon Council regarding the 1041 process.
Council-thanked Mr. Poeckes for his presentation.
Citizen Input: Stage, Sound, and Lighting for the 4th of July
Mr. Scott Kirkland of C & S Productions, a resident and owner of
a business in Avon, questioned an award of a bid for the 4th of
July for the stage,.sound, and lighting. Mr. Kirkland stated he
has been a production manager for the town and through ABCRA ever
since the 4th of July event started. This year Alastair''.,
(Alastair Lyall, special event coordinator) asked Mr. Kirkland
for assistance in coordination. Quickbeam, out of Albuquerque,
had been'used in the past. This year, Mr. Kirkland found two
Colorado companies, out of Denver - Dowling Sound and Opera Shop,
to produce an improved product. These two companies had been
producing the 4th.of July event for KYGO and that event ended
this year. The. price is almost the same, within $300, however
the quality of the system is•three times over.what Quickbeam has
offered in their bid. C & S Productions sound proposal would
cover 18,000 people as opposed to Quickbeam's proposal to cover
5,000 people. The Town usually has 10,000 + people attend the
4th of July event. Mr. Kirkland wished the dollars be spent in
Colorado, as opposed to New Mexico.
Councilor Fawcett questioned cost of bids. Mr. Kirkland stated C
& S's proposal is $6,000 and Quickbeam's is $6,296. Quickbeam
will be using some of C & S's equipment. Mr. Kirkland noted he,
was able to see their bid and added it did not influence his bid.
Councilor Fawcett summarized, so your bid is approximately $300
less and your equipment that is proposed is three times better.
Mr. Kirkland confirmed and added this is not "over-kill". C &
S's proposal is for a higher fidelity system. Last year,
Quickbeam's system was peaking out at maximum.
Councilor Fawcett asked if Mr. Kirkland was told why his proposal
was found unacceptable. Mr. Kirkland stated no.
Councilor Fawcett asked if the proposal was given on a timely
basis - could it have been delayed for some reason to cause the
bid to go elsewhere? Mr. Kirkland did not believe so.
Town Manager Bill James understood town staff called Mr. Kirkland
to review the proposal received from"Quickbeam to advise if that
was a good proposal or not. There was no formal bid process.
Last year the ABCRA had used Quickbeam and C & S productions - a
shared project. This year staff requested Quickbeam to do the
stage and sound and C & S to do the satellite sound system.
Staff does not want to create any hard feelings - they still
anticipate using both companies. Mr. Kirkland was asked to
advise staff on the technical aspects of Quickbeam's proposal.
In the process, Mr. Kirkland offered a proposal from C & S
productions providing sound and staging, as well as the satellite
sound. In all fairness, staff felt it was best to use Quickbeam
and C & S productions, as in years past, as there was really no
formal bid process.. Staff is more than willing to look at other
alternatives next year.
Mr. Kirkland confirmed he was asked if Quickbeam's proposal
looked alright. Mr. Kirkland added he was also asked if there
was another option available. Mr. Kirkland noted the two
companies he is proposing to use are going to end up in another'
long term venue and we may not have the opportunity to use these
companies again for quite a while.
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Mr. Kirkland added there may have been a misunderstanding with
staff and himself - Alastair obviously,.said,if we can do
something bigger and better, why not do,that. That is where, Mr,
Kirkland came up with,his.proposal.
Councilor Carnes asked if this is a done deal for this year.
Director of Recreation Meryl Jacobs stated Quickbeam has been
told they were awarded the bid. Councilor Carnes asked if we can
change our mind. Town Manager James stated he is concerned with
Mr. Kirkland being able to see the price of the other bid and
Quickbeam has a concern with that, too.
Councilor Fawcett asked if Quickbeam's system will be ample. Mr.
Kirkland stated it is the same system used for the last six
years.
Councilor Carnes asked if Mr. Kirkland has contracted with
Quickbeam the last six years. Mr. Kirkland stated no, ABCRA
contracted with Quickbeam directly. Mr. Kirkland has been
involved in the event and has understood the scope of equipment
needs of Quickbeam, all,along. Mrs. Kirkland interjected they
have hot been involved with the hiring of the sound and lights.
They have been involved in the production.
Councilor Fawcett asked if there were any problems with what
Quickbeam has offered in the past. Mr. Kirkland stated no
problems, but it is getting to the point that there isn't quite
enough sound and it is a much older system." Mr. Kirkland noted
Quickbeam is a very reputable company and is not discounting
Quickbeam.
Councilor Hines asked if ABCRA went out for bids each year or did
they just get Quickbeam one year and decided to stick with them?
Mrs. Kirkland thought they went to bid.
Mr. Kirkland stated all the reputable sound companies are going
to be working on the 4th of July. The larger companies get into
a routine such as Red Rocks, etc. It is very rare that an event
ends, such'as KYGO. That is why we have the opportunity we have
this ,year.
Councilor Hines understood staff not wanting to go out to bid and
keep things status quo - this is our first year back in special
events. There is a perception - with you just being
knowledgeable,of the numbers from Quickbeam - that does present .a
problem. Councilor Hines stated he would feel uncomfortable with
offering it to C & S and felt badly about the miscommunication.
Councilor Carnes asked if the town has signed with C & S to do
the production work for this year. Mrs. Kirkland stated it is
not official. Councilor Carnes recommended to use C & S. Town
Manager James felt staff needs to work with them.
Councilor Nottingham hated to lose the opportunity for bigger and
better equipment and to lose the opportunity to give business to
a Colorado company. If any of the situations change, Councilor
Nottingham suggested to sign C & S as quickly as possible.
Councilor Fawcett agreed.
Councilor Carnes asked about contracting for next year..
Councilor Fawcett and Councilor Nottingham agreed to try to tie
them up now before it is too late. Mr. Kirkland stated that
could be an avenue to look at.
Mr. Kirkland will be happy to work with staff - there is no hard
feelings. Council thanked Mr. Kirkland for his input.
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Second Reading of Ordinance No. 95-8, Series of 1995,,AN
ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON TO ALLOW FOUR RESIDENTIAL UNITS PER LOT IN
CONJUNCTION WITH BUSINESS OPERATION ASA SPECIAL REVIEW USE IN
THE INDUSTRIAL AND COMMERCIAL IC ZONE DISTRICT
Mayor Reynolds announced this is a public hearing.
'Town Engineer Norm Wood stated the current zoning code allows one
re's'idential unit in conjunction with development as a special
review use in the industrial/commercial zone district. The IC
zone district is primarily the very west end of Nottingham Road
and up Metcalf Road where the warehouses are constructed. This
proposed change would increase the allowed residential units from
one to four per lot and would still be considered as a special
review use.
Discussion followed on other lots in the area. Mr. Wood informed
there are approximately six lots in that area that are
undeveloped - the owner of each lot could apply for a special
review. use for up to four residential units.
Discussion followed on number of units - where did four come from
- where did one come from. Mr. Wood stated four is arbitrary.
Mr. Wood stated one was in the original zoning code originally
adopted by the town.
Councilor Hines asked if four residential units are allowed per
lot, do you have to change everything in terms of parking, etc.?
Mr. Wood stated that is correct - each project would be
considered on its own, due to special review use process.
Mr. James stated the whole IC zone district was considered. We
didn't want to open the door where they could build 80 units on
the remaining lots. Dr. Bryant's request of four units was
considered with what impacts it will produce. Four units is
probably not a big impact and still has to meet the special
review use criteria. This was viewed as an opportunity to create
additional housing alternatives.
Councilor Carnes questioned the deed restrictions discussed at
last council meeting. Mr. James stated staff reviewed deed
restrictions with Dr. Bryant. Dr. Bryant plans on renting out
the units.and then possibly selling them at a later date. Mr.
James, presented the Wildwood Townhome's deed restrictions. Mr.
James stated it really involves the town for enforcement. Mr.
James noted the town-does not have the mechanism to regulate
rents and regulate sale price and re-sale of the units. To
summarize, with the location the units are in - being in an IC
zone district - there is not much concern for excessive prices.
This is a very industrial type use district. The control in
pricing will be because of the area they are in and the zoning.
Mr. James suggested keeping the town out of the regulation of the
rent and'sale of the units. Mr. James added, if Council wishes
to regulate, keep-deed restrictions consistent with the Wildwood
Townhomes.
Councilor Hines stated if we are not going to deed restrict, we
may as well strike in "conjunction with business operation". Mr.
Wood stated that phrase is to keep someone from coming in and
just building four residential units.
Mr. Wood noted four is established as a maximum - it can be
anywhere from zero to four.
Councilor Nottingham motioned to approve ordinance No. 95-8,
Series of 1995, on first reading. Councilor Fawcett seconded the
motion.
Mayor Reynolds called for a roll call vote.
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The motion carried unanimously.
Resolution No.'95-18, Series of 1995, A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR NOTTINGHAM STATION, PUD AMENDMENT NO. 2, A
RESUBDIVISION OF LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
Mayor Reynolds announced this is a public hearing.
Mr. Wood stated Shapiro Development has submitted a preliminary
plat for Nottingham Station PUD amendment #2, which is a
resubdivision of Lot #3, Nottingham Station. Previously,
Ordinance No. 95-7 approved a PUD for Lot #3. The preliminary
plat that has been.submitted provides for-the start of the
subdivision process which would allow the subdivision of the land
in conformance with the previously approved zoning ordinance.
The preliminary plat would create Lot #3, Lot #4, and Hurd Lane
-right-of-way-from Avon Road to tie into Eaglebend Drive. It also
creates Tract C, which is an open space tract along the Eagle
River. In addition to subdividing the land, the preliminary plat
outlines the public improvements that will be required in
conjunction with the subdivision - in this case, the new road
construction from Avon Road to Eaglebend Drive, the installation
of water lines, creation-of drainage easements, and requirement
for the drainage facilities that would be related to that - it
outlines the sewer plans, basically all of the utilities. This
-is at a schematic level, with preliminary plans to follow prior
to approval-of the final plat, which would complete the
subdivision process for this property. Resolution No. 95-18
would approve the preliminary plat for the Nottingham Station PUD
subject to a number of conditions, most of which are either
already covered in the approval of the zoning ordinance or are
required through the subdivision ordinance in the completion of
the-.final plat. Conditions are included in the Resolution for
clarification purposes.
Councilor Hines voiced concerns about conditions #6 and #7,
specifically.drainage. Mr. Wood stated all of the conditions
will be met prior to final plat approval. Basically what the
preliminary plat calls for is completion, through the schematic
design stage - taking it far enough that there is a workable
solution for the road -that the road alignment can go through -
that the drainage can go through - that there is adequate methods
of treating the drainage in conformance with the master drainage
plan as adopted. All of those then are developed into final
construction plans that are submitted as a package - part of the
final plat approval.
Councilor Carnes asked how long it will take for all of those
conditions to be met. Mr. Wood stated the developers are in a
hurry and perhaps they could give a better update on their
schedule.
Ms. Martha Miller stated April 28th is the date set for final
enaineerincr drawings to be submitted.
Councilor Nottingham asked what the drawings on the walls are.
Mr. Wood stated these are the schematics outlining what is to be
provided. Councilor-Nottingham voiced concerns about the_soft
path - multi-use path - path way lights: Mr. Wood stated"you
will not find complete design details on the maps displayed.
Councilor Nottingham asked if we could ask that- the lights be the
same as our streetscape. Mr. Wood stated we can'ask,that.
Councilor Fawcett questioned, regarding Tract C, whether to
receive an easement or be granted the land. -If the town accepts
tract C they accept certain obligations, in terms'of maintenance
and, liability.
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If there is an easement, the developer may maintain the land,
while the public has a right of way across the land. Councilor
Fawcett asked if staff has taken this into consideration. Mr.
Wood stated that has been taken into consideration. Various
towns and cities have done both. Under the circumstances given,
most towns and cities do try to acquire title to the property
rather than just an easement, due to access concerns and
maintaining to the town's standards.
Councilor Nottingham stated Mr. Spanel thought an easement would
'be OK. Mr. Spanel would rather be in charge of maintaining it.
Councilor Nottingham's point, to look into this further, is the
restoration of development that have had the effect of destroying
the banks of the river and taking them away and degraded them.
They are doing restoration west of us now - and the cost of it.
If'the town owns it, the town pays for it. If it needs
restoration in one decade, two decades, or three decades, I would
rather have a homeowner's association be, the first line for those
who are financially obligated to take this over. We need to
check into this further because if there is ever a financial
encumbrance because of something that has happened because of
destroying banks, I would like that financial encumbrance to go
to someone other than the town. Mr. James agreed and would like
the opportunity to check into it further. Mr. James did not have
the opportunity to discuss this issue with Mr. Wood prior to the
meeting.
Councilor Nottingham voiced concerns with the soft path issue - I
want to make sure we get to designate what our requirements are
rather than negotiate them.
Councilor..Nottingham questioned the submittal of subdivision
improvement agreement and collateral. For completion of
improvement -,does that mean a bond and how much bond is it? Mr.
Wood stated that is based upon completion of,the,fina.l - .
construction plans - there will be a cost.estimate that.goes with
that set of plans that are approved and then the agreement is to
cover the cost of that, similar to what we had in Mountain Star.
Councilor Nottingham voiced concerns of condition #1 and #7.
Councilor Fawcett motioned to approve Resolution No., 9,5-18,,
Series of 1995. Councilor Yoder seconded the motion'and the
motion carried unanimously.
Resolution No. 95-19, Series of 1995, A RESOLUTION APPROVING THE
PRELIMINARY AND FINAL PLAT OF WINTERGREEN TOWNHOMES, A
RESUBDIVISION OF LOT 84, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
Mayor Reynolds announced this is a public hearing.
Mr. Wood stated this is a preliminary and final plat combination
for Wintergreen Town_homes, which is a five unit townhome project
on Lot 84, Block 1, Wildridge. The project is under construction
and is being built in accordance with plans that were approved by
the P & Z Commission. This plat is in order to allow them to
sell the individual townhome units. In that it creates more than
four lots, it does require a.preliminary plat approval, in
conjunction with a public hearing. The required notices have
been posted and mailed. Staff recommends approval of Resolution
No. 95-19.
Councilor Hines motioned to approve Resolution No. 95-19, Series
of 1995. Councilor Nottingham seconded the motion and the motion
carried unanimously.
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New Business: Receive the Annual Audit
Councilor Hines motioned to receive the 1994 annual audit.
Councilor Yoder seconded the motion. The motion carried
unanimously.
New Business: Award the Tennis Court Bid
Councilor Yoder motioned to award the bid to Elam Construction in'
the amount of $214,282.50 and hereby authorize the budget be
changed from $221,500 to.$229,212.50 for construction of four
tennis courts. Councilor Nottingham seconded the motion and the
motion carried unanimously.
New Business: Avon Elementary School parking cost breakout
Discussion centered on the agreement between the School District
and the'Town for shared parking lot expenses and maintenance.
Councilor Hines-movedito authorize the Town Manager to expend up
to $60,232 for construction of shared parking at the-new Avon
elementary school. Councilor Fawcett seconded the motion and the
motion carried unanimously.
New,Business:- Fencing Eaglebend Drive
Director of Municipal Services Larry Brooks displayed a sample of
the recommended fencing. It is 6' chain link with inserts.
Councilor Nottingham moved to authorize the construction of
fencing along Eaglebend'Drive in the amount of $42,600 and -
authorize the Town Manager-to amend the budget from $37,000 to
$42,600. Councilor Fawcett seconded the motion and the motion
carried unanimously. ,
Other,Business: Citizen Request regarding Eaglebend Drive
Mr. Chris Ekrem, a resident living on Eaglebend Drive, stated the
fence will be an improvement. Ms. Ekrem voiced concerns about
the surface and truck traffic along Eaglebend Drive. Resurfacing
is scheduled very soon. Staff will look into restricting weight
or limiting truck traffic.
Other Business: Council Committee Updates
Mayor Reynolds announced that Mrs. Reynolds returned home today
and will be recuperating for quite a while. Mayor Reynolds was,
very appreciative of everyone's concerns.
Councilor Nottingham thanked all the town council applicants for
their interest.
,Councilor Nottingham announced the ground breaking for the Avon
Elementary"School took place yesterday.
Councilor Yoder suggested to establish policy in public meetings
where people turn off their pagers and phones. Discussion
followed with no final policy or consensus reached.
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Consent Agenda:
Item a.) Approval of the March 28, 1995 Council Meeting Minutes
was pulled from the Consent Agenda and discussed.
Councilor Nottingham stated she had a correction for the minutes.
Councilor Nottingham stated it is page 3. It is more than a
correction. Basically, its just a point - I want to make sure
that I know was made verbally and I couldn't find it anywhere in
our minutes. It is the third paragraph from the bottom, where
they were talking about the 22 trees that will be replaced with
2" caliper trees.. And, in looking at another plan that.had been
agreed to and guidelined,.it said.3 1/2" caliper trees. Its on
page 3 from the bottom, OK:' And,3 1/2 cal'iper trees - and they
said oh sure we'll do that and you know if that is what you
want - and I did not find that anywhere-in here and ,I want to
make sure that that is also part of,-our record. So',-I.don'.t know
if you want to make up a sentence and put it in there that says
something. But, that was acknowledged, that they would agree to.
Discussion followed with to many speaking.at once.
Councilor Fawcett wondered if we could change his language.
Councilor Nottingham stated he didn't state it. I stated the 3
1/2 that that was part of - in our guidelines. And, he said,
that would be fine, we would do that, and then went on to talk
about how they were just afraid of the difference in putting
equipment in there that would dig a hole for a 3 1/2" caliper
versus a 2" caliper tree.
Town Clerk Neyhart stated that is in the minutes on page 4, 9th
paragraph that starts out, "Mr. Shapiro commented he-has no
objection to using larger . Councilor Nottingham interjected .11 to using larger, OK - could we put the 3 1/2" somehow in there so
we have it defined?
Councilor Hines stated I don't disagree with the discussion with
the 3 1/2 but, I thought that they said that going to 3 1/2"
entailed having to bring in machinery, whereas a 2" caliper could
be done by hand.
Councilor Nottingham stated I didn't believe that that was what I
understood. I believed I understood just larger, whatever. Not
machinery versus hand.
Councilor Carnes stated we can't just put words in his mouth.
Councilor Fawcett stated the other point is, these comments would
indicate that perhaps it is more dangerous to use a larger
caliper tree.
Councilor Hines stated I thought that was the jest of the
discussion, that they gave us at the time.
Councilor Nottingham stated I thought that was an excuse. I mean
- how do they measure this ,2 1/2 - 2" caliper versus 3 1/2"
caliper? OK, so we are talking - tell me a shovel, you know I
mean machinery that has to be brought in .
Town Manager James stated i remember the conservation. I don't
remember the resolution. I ,remember Ken (Mr. Shapiro) got up and
said I don't want to argue about the size of the trees and that
type of thing. I don't recall the specifics.
Councilor Nottingham stated i recall.
Councilor Fawcett stated the issue really is which is best.
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Councilor Nottingham stated I just wanted to make sure that since
they had agreed to, in my mind, from my observation, hearing,
agreeing to trees that are larger and thus more-mature and giving
a better look.
Councilor Hines stated I don't think there was any conclusion on
that issue and I do recall 3 1/211.
Councilor Nottingham stated I cited the guidelines.
Councilor Hines stated I remember that, but I don't remember
whether we had anything substantialized. I just remember the
discussion being that - well, if we had to do 3 1/2, whether they
are right or wrong, they said we will have to bring in equipment
~to'dig,the holes.
Councilor Nottingham stated I didn't hear equipment, I heard
bigger holes - big deal. I mean, we are talking about an inch
and a half in maturity of a,tree.
Councilor Yoder stated if you remember it being that way, amend
it.
Councilor Nottingham stated I am going to ask that the minutes be
amended to reflect, and perhaps the page 4 citation would be the
best place to amend - I don't know, however you want to put it in
where he commented there was no objection'to using a larger
caliper of tree,.however it produces bigger holes and whatever.
Maybe its in the paragraph before where it says Councilor
Nottingham felt our guidelines - no that wasn't about the trees.
I know I said something about the trees and referred to the
guidelines.
Town Clerk Neyhart asked how would you like it if I reviewed_ the
tape? And, how you would like, that put' in a memo form,-.
Councilor,Nottingham stated that'sounds"great CouncilorHines
stated yes, please. Town Clerk Neyhart added and then possibly
we can review the memo. Councilor Nottingham stated-that-sounds
good.
Councilor Nottingham stated we can approve the minutes next time
(next council meeting).
Consent Agenda:
b.) Resolution No. 95-20, Series of 1995, A RESOLUTION APPROVING
THE FINAL"PLAT, A RESUBDIVISION OF LOT 63, BLOCK 1,
WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
c.) Financial Matters
Councilor Fawcett motioned to approve the Consent Agenda.
Councilor Yoder seconded the motion and the motion carried
unanimously.
Adj ourn :
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 9:17PM.
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RESPECTFULLY SUBMITTED:
Patty "Ney
Town Cler.
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