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TC Minutes 10-10-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 10, 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, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Assistant Town Attorney Diane Herman, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Municipal Services Larry Brooks, Director of Recreation Meryl Jacobs, and Town Planner Karen Griffith, as well as members of the press and public. Citizen Input: Application for Outdoor Use of Sound Amplification (The Landing Restaurant / Mark Sperry) Town Clerk Patty Neyhart informed that their phone number has been discounted, thus she was unable to tell them they were scheduled on the Agenda. Also, Town Clerk Neyhart understood the Landing has closed but didn't know specifics. Councilor Benson noted they closed abruptly and felt it may be for quite a while. Mayor Reynolds announced the application is tabled. Added to the Agenda under Citizen Input: De-Brucing of the Eagle Valley Library District (Judy Yoder) Ms.,Yoder asked for Council's support for the De-Brucing question that will be on the election ballot this year. 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 MERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF Second Reading of :Ordinance No. 95=191 "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;"AN_D',DESIGN,REGULATIONS FOR,AVON.VIILLAGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Hines 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. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Avon Village Annexation: Resolution No. 95-47, Series of 1995, A RESOLUTION ACCEPTING THE WITHDRAWAL OF PETITIONS FOR ANNEXATION TO THE TOWN'OF AVON OF TWO PARCELS OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND SECTIONS 7, 8, 9, & 17, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO AND SECTIONS 8, 9, & 10, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL_ MERIDIAN, EAGLE COUNTY, COLORADO Councilor Yoder motioned to adopt 1995. Councilor Benson seconded carried unanimously. Resolution No. 94-47, Series of the motion and the motion Ordinances: First Reading of Ordinance No. 95-22, Series of 1995, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION (WILDWOOD RESORT) TO ALLOW THE SEASONAL SALE OF CHRISTMAS TREES ON LOT 1 AND THE STORAGE OF TREES AND NURSERY STOCK THROUGH JUNE 1996 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Karen Griffith informed the applicants are requesting to temporarily use the lots,nortli'of Pizza Hut. In November and December, the applicant would like to have a Christmas tree lot. And,' on the other lot, they would like to store nursery stock through June, 1996-.- Staff's recommendation' is to approve,'with the applicant responsible for restoring the area, after use. Oscar Tang is the land owner and Marty Jones is the applicant. Lighting was discussed. Planner Griffith suggested amending the Ordinance, for second reading, to say outdoor lighting shall not generate any off-site glare. Mr. Marty Jones noted that they will be shutting down operations by 9:00pm. Mr. Jones noted this is a.temporary situation. He is looking to permanently move his operation to Edwards, after loosing his lease in Eagle-Vail. Councilor Fawcett requested a copy of the lease between Mr. Jones and Mr. Tang. Mr. Jones will supply the Council with a copy of that lease. Councilor Hines motioned to approve, on first reading, Ordinance No. 95-22, Series of 1995. Councilor Nottingham seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 95-21, Series of 1995, AN ORDINANCE REPEALING AND REENACTING SECTION 10.04.060 OF TITLE 10 OF THE AVON MUNICIPAL CODE Mayor Reynolds announced this is a public hearing. Town Manager Bill James,stated this Ordinance is the result of Council's direction to change speed limits within the Town. 2 Councilor Nottingham motioned to approve, on second reading, Ordinance No. 95-21, Series of 1995. Councilor Yoder seconded the motion Mayor Reynolds called for a roll call vote. The motion carried unanimously. Resolutions: Resolution No. 95-46, Series of 1995, A RESOLUTION ADOPTING TRAFFIC CONTROL SCHEDULES PURSUANT TO SECTION 4-2 AND 4-3 OF THE MODEL TRAFFIC CODE Town Manager James informed this Resolution has been prepared by the Town Attorney's Office and will set the speed limits within the Town of Avon. Councilor Hines motioned to adopt Resolution No. 95-46, Series of 1995. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Council'Retreat / Catering Contracts Councilor Nottingham'motioned to authorize the Mayor to sign the catering contracts for the Council retreat. Councilor Yoder seconded the motion and-the motion carried unanimously. New Business: Grant of Easement / Tract W, Mountain Star, Filing 2 Town Manager James stated this has already been taken care of. Mayor Reynolds stated we can cross that one out, from the Agenda. New Business: Vail Valley Foundation Contract / 1995 Chevy Trucks International Ski Festival & 1996 American Ski Classic Councilor Hines requested information on the 1995 Chevy Trucks International Ski Festival. Council felt this was a good item.to discuss at'the Council / Budget Retreat this weekend. Council's consensus was to table this item. New Business: Rocky Mountain News Appl. for Credit & Contract Councilor Yoder motioned to authorize the Mayor to sign the Rocky Mountain News application for credit and contract. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Public Works / Phone Contract for Public Works Facility New Business: Public Works / Executone Contract for UPS-Battery Backup Councilor Hines motioned to authorize the Mayor to sign both contracts, with Executone - one for the phone contract for public works facility and the other one for the UPS-Battery Backup. 3 • E Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Rec. Dept. / Gas Transport Services Contract Councilor Yoder motioned to authorize the Mayor to sign the agreement with Public Service, for assistance with this bidding out, for $1,500. Councilor Benson seconded the motion. The motion carried with Councilor Carnes opposed. CMC Contract / Computer Classes Councilor Nottingham motioned to authorize the Mayor to sign the CMC contract providing computer classes at Colorado Mountain College for our employees. Councilor Fawcett seconded the motion and the motion carried unanimously. Town Attorney Report: Mutual Release & Settlement Agreement - Jimmy Esquibel Councilor Fawcett motioned to authorize Town Manager William James to execute the mutual release and settlement agreement between Jimmy Esquibel and the Town of Avon. Councilor Hines seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds announced the majority of Council met with members of Vail Associates and will be meeting again. Consent Agenda: a.) Approval of the September 26, 1995 Council Meeting Minutes b.) Financial Matters Councilor Nottingham 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 Fawcett moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 8:23PM. PECTFULLY SUBMITTED: Patty Neyh rte, Town Clerk 4