TC Minutes 09-12-19950
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER„12, 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 Albert J. Reynolds at
7:31PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, and Judy Yoder present. Councilors
Tom Hines and Celeste C. Nottingham were absent. Also present
were Town Manager Bill James, Town Clerk Patty Neyhart, Town
Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary
Thomas, Director of Municipal Services Larry Brooks, Director of
Recreation Meryl Jacobs, as well as members of the press and
public.
Citizen Input: Application for Outdoor Use of Sound
Amplification (The Landing Restaurant / Mark Sperry)
Mayor Reynolds asked Mr. Sperry if he had contacted any neighbors
about the amplification of sound permit. Mr. Sperry stated he
hasn't spoken to his neighbors. Mr: Sperry noted the system has
been up for approximately a month. There was a complaint - that
is why he is here this evening. He was not aware of the permit
process, until after the complaint.
Council's consensus was to have Mr. Sperry receive input from
neighbors and report back to Council. Council also suggested Mr.
Sperry lock the system up separately from,the restaurant's
system.
Councilor Fawcett motioned approval for a temporary permit
application for outdoor use of sound amplification system by the
Landing Restaurant for a period of thirty days from today's date
under the condition that Mark Sperry or his representative will
report back to the Town Council within that period of time or at
the earliest point thereafter indicating the results of his
inquiry of various neighbors and other citizens living nearby and
any thing else he wants to tell us. Councilor Benson seconded
the motion. The motion carried with Councilor Yoder opposed.
Citizen Input: Transportation Request (Tom Britz)
Mr. Tom Britz requested transportation for 1188 kids, plus 128
kids from the Charter School, to hear Dr. Tom Sutherland and the
World Champion Pipe Band at the Ford Amphitheater.
Director of Municipal Services Larry Brooks stated, to figure the
cost, you multiply the number of busses, times the hours of
service, times $35.00 or 6 busses X 7 hours X $35, per hour.
Town Manager James noted it would be $210 per hour, for six
busses.
Councilor Fawcett motioned that the Town of Avon provide in-kind
bus service for the purpose of taking school children from the
various elementary and middle schools, and the high school to the
event called A Thousand Years of History Presented by Dr. Tom
Sutherland on September 21, 1995. Councilor Benson seconded the
motion. The motion carried with Councilor Yoder opposed.
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Avon Village Annexation:
Second Reading of Ordinance No. 95-16, Series of 1995, AN
ORDINANCE ANNEXING TO THE TOWN OF AVON.A PARCEL OF LAND LOCATED
IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH
PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND 7, 8, 9,,& 17,
TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE'6TH PRINCIPAL"MER-IDIAN,,
EAGLE COUNTY, COLORADO, DESCRIBED ON EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF
Second Reading of Ordinance No. 95-19,'Series of 1995, AN
ORDINANCE ANNEXING TO THE TOWN OF AVON OF A PARCEL OF LAND .
LOCATED SECTIONS 8, 9, & 10, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF
THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Second Reading of Ordinance No. 95-17, Series of 1995, AN
ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A PLANNED UNIT
DEVELOPMENT PLAN AND DESIGN REGULATIONS FOR AVON VILLAGE, TOWN OF
AVON, EAGLE COUNTY, COLORADO
Councilor Benson motioned to table second readings of Ordinance
No. 95-16, Series of 1995, Ordinance No. 95-19, Series of 1995,
and Ordinance No. 95-17, Series of 1995 until October 10, 1995.
Councilor Fawcett seconded the motion. The motion carried
unanimously.
First Reading of Ordinance No. 95-20, Series of 1995, AN
ORDINANCE APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF AVON (THE "TOWN") AND EMD LIMITED LIABILITY
COMPANY, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT I LLC, A
COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT II LLC, A COLORADO
LIMITED LIABILITY COMPANY AND PVRT NOTT III LLC, A COLORADO
LIMITED LIABILITY COMPANY (COLLECTIVELY, THE "OWNERS") CONCERNING
ANNEXATION OF THE-LANDS DESCRIBED IN ORDINANCE NUMBER 95-16 AND
NUMBER 95-19 AND CONCERNING THE DEVELOPMENT RIGHTS AND
RESPONSIBILITIES OF THE TOWN AND THE OWNERS WITH RESPECT THERETO,
AND AUTHORIZING THE MAYOR OF THE TOWN OF AVON TO SIGN SAID
ANNEXATION AND DEVELOPMENT AGREEMENT, AND APPROVING A SITE
SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT
PURSUANT TO ARTICLE 68.07TITLE 24, C.R.S.,. AS:AMENDED
Town Manager James suggested this Ordinance coincide with the
other annexation ordinances and to have second readings of all,
on the same"date:
Town Attorney Dunn submitted an amended Ordinance deleting the
attachment of Exhibit A, which references the.annexation and
development agreement and site specific development plan.
Discussion followed'on°the-importance of including,a copy of the
agreement with the ordinance.
Councilor Fawcett expressed his concerns with section 3.6, which
is no obligation to develop and paragraph 4.11, referencing cost
reimbursements.
Councilor Yoder motioned to table Ordinance No. 95-20, Series of
1995 until September 26, 1995. Councilor Benson seconded the-
motion and the motion carried unanimously.
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Ordinances:
Second Reading of Ordinance No. 95-18, Series of 1995, AN
ORDINANCE REPEALING AND REENACTING SECTION 15.08.180 OF TITLE 15
OF THE AVON MUNICIPAL CODE
Mayor Reynolds announced this is a public hearing.
Town Engineer Norm Wood stated when the 1994 Building Code was
adopted earlier this year, there was an amendment in the Code
that changed the provision regarding construction of footings and
foundations. In implementing that provision, there appears to be
an easier way and more-co.st effective ways of accomplishing the
same thing. This Ordinance repeals the provision Irequiring .a
waterfall footing and allows for a continuous foundation footing.
Discussion followed"on.the-48" and whether it 'is on:the top or
bottom of the footing . a question of interpretation.
Councilor Benson motioned to approve, on second reading,.
Ordinance,No. 95-18','.Series of 1995 with the modification that
the Ordinance read "frost line for the Town of'Avbn is-48 inches
and bottom of footings shall have a minimum dept below finished
grade of 48 inches". Councilor Yoder seconded the motion
Mayor Reynolds called for a roll call vote.
The motion.carried'unanimously.
New Business: Insurance Renewal for 1996 / CIRSA
Councilor Yoder motioned to authorize the Mayor to sign the
renewal agreement for the Town of Avon's 1996 property, casualty
insurance. Councilor Benson seconded-the motion and the motion'
carried unanimously.
New Business: Engineering Inspection & Testing Service Agreement
Councilor Yoder motioned approval of LKP Engineering, Inc.-
agreement for engineering services construction observation and
material testing and Hepworth-Pawlak Geotechnical, Inc. agreement
for material testing. Councilor Fawcett seconded the motion and
the motion carried unanimously.
New Business: Cops Fast Grant Application
Councilor Fawcett motioned to authorized the mayor to sign the
agreement entitled "Cops Fast Award!' from the U.S. Department of
Justice, Office of Community Oriented Policing Services.
Councilor-Yoder seconded the motion and the motion carried
unanimously.
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New Business: Recreation Department / Advertising Contracts
1.) What to Do Vail, Winter 95/96 Advertising Agreement
2.) What to Do Vail, Summer 96 Advertising Agreement
3.) Vacation Vail, 1996'Advertising-Agreement
4.) The Agenda Publishing Co., Advertising Agreement
Councilor Benson motioned approval of the recreation department
advertising contracts; What To Do In Vail Winter 95/96, What To
Do In Vail Summer 96, Vacation Vail 1996 Advertising Agreement,
and the Agenda Publishing Co. Advertising Agreement: Councilor
Fawcett seconded the motion and the motion carried unanimously.
Mayor Report:
Mayor Reynolds mentioned a publication he received from Colorado
Great Outdoors, regarding grants for parks.
Other Business:
Councilor Fawcett stated I make a resolution,that the Council
approve the increased speed.limit on Metcalf Road - increasing it
from 30 miles per hour to 35 miles per hour. Councilor Benson
seconded the motion. Councilor Fawcett amended his motion - it
is Metcalf Road from the corner of Nottingham to Metcalf up to
the first hair-pin turn or turn around and just to that point
would the increase speed limit of 35 miles per hour apply.
Councilor Benson seconded the amendment. The motion and the
amendment carried unanimously.
Town Manager James noted that an ordinance and/or resolution
amending the speed on Metcalf Road will be presented to Council
at their next meeting.
Director of Municipal Services Larry Brooks noted the delivery of
signs and installation may take up to sixty days before the speed
may be changed.
Consent Agenda:
a.) Approval of the September 5, 1995 Council Meeting Minutes
b.) Approval of the August 22, 1995 Council Meeting Minutes
c.) Resolution No. 95-43, Series of 1995; A RESOLUTION AMENDING
THE 1995 BUDGET
d.) Financial Matters
Councilor Yoder motioned to approve the Consent Agenda.
Councilor Fawcett 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 Benson moved
to adjourn. 'The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 8:29PM.
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RESPECTFULLY SUBMITTED :
Patty Ney a CMC
Town Clerk
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