TC Minutes 09-08-19980
0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 8, 1998 - 5:30 PM
A regular meeting 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 Jack Fawcett at 5:30 PM. A roll call was
taken with Councilors Richard Carnes, Bob McIlveen, Buz Reynolds, Sr., and Mayor
Protem Judy Yoder present. Councilors Jim Benson and Buz Reynolds, Jr. were absent.
Also present were Town Manager Bill Efting, Town Attorney John Dunn, Town Clerk
Kris Nash, Assistant Town Manger Larry Brooks, Town Engineer Norm Wood, Public
Relations Specialist Kristin Kenney-Williams, Fire Chief Charles Moore, Acting Police
Chief Greg Williams as well as members of the press and public.
Citizen Input:
Noise at Basketball Court
Ms. Shirley Ritland, resident of Stone Creek Condominiums in Avon presented a petition
to the Council signed by residents in here neighborhood (the west end of Avon by the
basketball courts) requesting the basketball courts be moved to a new location.
Town Manager Efting stated the staff has included this in the capital projects to look at
this year. He has spoke with a number of homeowners in that area. From a police
standpoint, it is a problem because it is in a valley and is hard to see and access. We tried
to have everyone off the courts by 10:00 PM over the summer but that was sometimes
hard if the police department was busy.
Ms. Ritland stated their main problem is people playing basketball at midnight or even
2:00 AM. She stated about 50% of the people on the list have had to call the police for
disturbances on the basketball court. The problem could be solved if the court was
moved to a place where it could be patrolled.
Mayor Fawcett stated budget retreat is early in October and it will be looked at very
closely.
Citizen Input:
Introduction of New Fire Department Employees
Fire Chief Charles Moore introduced Todd Marty, new fire fighter and Mike Long, new
Battalion Chief of A shift. Mike comes from Red, White and Blue Fire Department in
Breckenridge. Todd has been with the Vail Fire Department for three years and also
Beaver Creek Public Safety. The fire department is now up to full strength.
Ordinances:
Second Reading of Ordinance No. 98-13, Series of 1998, AN ORDINANCE
AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
TO PROVIDE FOR THE REGULATION OF COMMERCIAL VEHICLES WITHIN
THE TOWN OF AVON, AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF
Mayor Fawcett stated this is second reading and asked for public comments.
There being no comments, Mayor Protem Yoder motioned to approve Ordinance No. 98-
13, Series of 1998. Councilor Reynolds, Sr. seconded the motion.
i !
Councilor Carnes asked why the ordinance stated the Town Manager can give an
exemption permit good for six months and is there any reason an exemption could not be
given on a weekly basis. Town Manager Efting stated it could be taken on a case by case
basis. If it is needed for two weeks, a permit could be issued for two weeks.
Town Attorney Dunn stated the ordinance could be changed to read "up to six months".
Mayor Protem Yoder motioned to amend the ordinance to include "up to six months" on
10.15.010., Councilor Reynolds, Sr. seconded the motion.
Mayor Fawcett asked for a roll call.
The motion carried unanimously.
-Ordinances-:
First Reading of Ordinance No. 98-14, Series of 1998, AN ORDINANCE
CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE
"TOWN"), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT
AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR
ANNEXATION")
First Reading of Ordinance No. 98-15, Series of 1998, AN ORDINANCE
CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE
"TOWN"),'OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT
AVON PETITION FOR ANNEXATION NO.2 (THE "PETITION FOR
ANNEXATION
First Reading of Ordinance No. 98-16, Series of 1998, AN ORDINANCE APPROVING
THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT
STANDARDS (THE PUD PLAN) FOR THE VILLAGE AT AVON WHICH
ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN OF
AVON, COLORADO, AS DESCRIBED IN THE ATTACHED EXHIBIT "A", AND
APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A
VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S.,
TOWN OF AVON, EAGLE COUNTY, COLORADO
First Reading of Ordinance No. 98-17, Series of 1998, AN ORDINANCE APPROVING
THE ANNEXATION AND DEVELOPMENT AGREEMENT (THE "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
"OWNER") 'CONCERNING ANNEXATION OF THE LANDS DESCRIBED IN THE
VILLAGE AT AVON PETITIONS FOR ANNEXATION NUMBERS 1 AND 2
(COLLECTIVELY, THE "ANNEXATION PETITIONS") AND ORDINANCES
NUMBER 98-14 and 98-15 (COLLECTIVELY, THE "ANNEXATION
ORDINANCES") AND CONCERNING THE DEVELOPMENT RIGHTS AND
RESPONSIBILITIES OF THE TOWN AND THE OWNER WITH RESPECT
THERETO; AND AUTHORIZING AND INSTRUCTING THE MAYOR OF THE
TOWN OF AVON XO SIGNTHE AGREEMENT ON BEHALF OF THE TOWN; AND
VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S.,
AS AMENDED
Mr. Peter Jamar, representing the applicant, approached the Council. He requested the
ordinances be tabled for two weeks to allow for further time to work on the issues with
the Town staff and take into account public input received recently. The schedule allows
for that to happen.
• •
Mayor Protem Yoder motioned to table the first reading of Ordinance 98-14, 98-15, 98-
16, and 98-17 to the September 22, 1998 Council Meeting. Councilor Reynolds, Sr.
seconded the motion.
There was no further comment.
Mayor Fawcett asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 98-19, Series of 1998, AN ORDINANCE AMENDING
CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO THE PERSONNEL MERIT SYSTEM
Town Attorney Dunn stated the Town staff has been working on new personnel rules to
be reviewed with Council at a later time. As a condition to considering those rules, we
are recommending amendment of the personnel merit system ordinance. The Town
Charter establishes a personnel merit system that allows any employee subject to minor
disciplinary action up to and including discharge from employment, to appeal that
decision to a personnel merit commission. The portion of the code, which is dealt with in
this ordinance, flushes out the provisions of the Charter. The way the ordinance was
written in 1983, it covers everything that needs to be covered in connection with the
procedures for disciplining employees. Part of the new personnel rules will move that
procedure from the ordinance into the rules and then flush them out more as part of the
personnel rules. We are essentially deleting the procedures from the ordinance and
leaving the establishment of the personnel commission. The rest is to be covered in the
personnel rules.
Boardmember Reynolds, Sr. motioned to approve Ordinance No. 98-19, Series of 1998
on first reading. Mayor Protem Yoder seconded the motion.
There being no further comment, Mayor Fawcett asked for a roll call.
The motion carried unanimously.
Town Manager Report:
Town Manager Efting stated he would be attending a CARTS meeting in Frisco on
Thursday.
Consent Agenda:
a.) Approval of the August 25, 1998, Council Meeting Minutes
b.) Approval of Your Community Card Contract
c.) Approval of Training Facility Rental Agreement with South Metro
d.) Chapel Square Road Dedication
e.) Resolution No. 98-55, Series of 1998, A RESOLUTION APPROVING
THE FINAL PLAT, A RESUBDIVISION OF LOT 32, BLOCK 2,
WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
f.) Resolution No. 98-57, Series of 1998, A RESOLUTION APPROVING
THE FINAL PLAT, A RESUBDIVISION OF LOT 97, BLOCK 1,
WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
g.) Financial Matters
0 •
Mayor Protem Yoder motioned to approve the Consent Agenda. Councilor Reynolds, Sr.
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Mayor Fawcett asked for a
motion to adjourn. Councilor McIlveen motioned to adjourn. Mayor Protem Yoder
seconded the motion. The meeting was adjourned at 5:47 PM.
Y SUBMITTED
K)~s Nash
Town Clerk