TC Minutes 10-13-19920, 0
MINUTES OF THE REGULAR MEETING OF THR TOWN COUNCIL
HELD OCTOBER 13, 1992 - 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 Jerry Davis at 7:34p.m.'
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Derek Pysher, and Albert Reynolds present.
Councilor Celeste Nottingham was absent. Also present were Town
Attorney John Dunn, Town Manager Bill James, Director- of Municipal
Services Larry Brooks, Director of Engineering Norm Wood, Director
of Community Development Rick Pylman, Police Chief Art Dalton,
Fire Chief Charlie Moore,'Town Clerk Patty Neyhart, as well as
members of the press and public.
With no one wishing to speak under Citizen Input, the Mayor called
for the first item on the Agenda.
First Reading of Ordinance No. 92-19, Series of 1992, AN
ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON AS IT RELATES TO SUBDIVISIONS AND'REQUIRING DEDICATION OF
LAND FOR SCHOOL PURPOSES.
Mr. Bill James reminded Council of the request from Mr. Gary
Denker for Council to consider legislation for a land dedication
policy of newly annexed areas in the Town. Presently, the Town of
Avon does not have any such policy; the County does and is require
to under State law. A concern of Council, that surfaced-during
discussions with Mr. Denker,at the,worksession., relates to cash
in lieu of. The County, in their formula-for cash in lieu of,
uses a $5,000 flat figure for a value per acre, whereas the
proposed Ordinance for Avon.is -formulated on full market value.
Mr. Denker will be meeting with.-the-County Commissioners on
October 19th. Council has directed Mr.- Denker bring this concern
to the attention of the County Commissioners and to request of the
Commissioners the,County have--the same definition as'the Town of
Avon and for the'entire,County.
Council's consensus was to table the Ordinance until after the
meeting between Mr. Denker and the County Commissioners.
Councilor Pysher motioned to table ordinance No. 92-19, Series of
1992. Councilor Hines seconded the motion and the motion carried
unanimously.
Second Reading of Ordinance No. 92-15, Series of 1992,.AN
ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Attorney John Dunn informed this Ordinance is presented to Council
for second reading with no changes made from first reading; the
matter is before Council for final action.
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Discussions related to moral issues; with an agreement of Council
that moral issues would be difficult to measure.
Mayor Davis opened the meeting for a public hearing. With no one
wishing to be heard, Mayor Davis closed that portion of the
meeting.
Discussions related to moral issues and anything that is criminal.
Criminal actions are addressed in the municipal code; conviction
of a felony causes a vacancy.
There being no further comments, Mayor Davis called for a motion.
Councilor Reynolds motioned to approve ordinance No. 92-15,
Series of 1992 on second reading. Councilor Hines seconded the
motion.
With no further discussion, Mayor Davis entertained a roll call.
Those voting aye were councilors Derek Pysher,-,Albert Reynolds,
Tom Hines, John Hazard, Charlie Gersbach. Motion carried
unanimously.
Second Reading, Ordinance No. 92-18;:Series of 1992', AN ORDINANCE.
AUTHORIZING EXECUTIVE OF CERTAIN EQUIPMENT LEASE AGREEMENT.
Mr. James informed.that,three items are included,in the 1993'
budget;-two 1993 twenty-passenger vans to be used for Beaver Creek
intra-village'shtittle service, computer equipment for the Fire
Department, and a Chevrolet suburban for the Fire Department to be
used for a personnel carrier. The attached lease purchase is for
4years at'an interest rate of 6%. The cost of the vans are
$93,795, computer equipment is $14,500, and the suburban is
$24,000.
Councilor Hines questioned extras on the suburban such as am/fm
radio ($170) and air conditioning ($845). Councilor Hazard
.commented the air conditioning is for the comfort of the uniformed,
firemen coming.from fighting afire. Councilor Reynolds suggested
better resale value. Mayor Davis added the am/fm radio could help
with communications in a disaster.
Mayor Davis opened the meeting for a public hearing. With no one
wishing to be heard, Mayor Davis closed that portion of the
meeting.
With no further comments, Mayor Davis called for a motion.
Councilor Hazard motioned to adopt Ordinance No. 92-18, Series of
1992 on second reading. Councilor Reynolds seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those voting aye were Councilors Tom Hines, John Hazard, Charlie
Gersbach, Derek Pysher, Albert Reynolds. Motion carried
unanimously.
Mayor Davis excused himself from his duties and-requested Mayor
Protem Albert Reynolds resume in the Mayor's absence. Mayor
Protem Reynolds presided.
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Second Reading of Ordinance No. 92-17, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON TO ALLOW ONE ACCESSORY APARTMENT UNIT IN ADDITION TO THE
ALLOWABLE DENSITY, AS A SPECIAL'REVIEW USE IN THE RESIDENTIAL
MEDIUM DENSITY ZONE DISTRICT.
Mr. Rick Pylman informed this is the second reading for the
Ordinance, with no changes from the first reading. Mr. Pylman
reminded this Ordinance relates to a request from Stonecreek
Townhomes.- Stonecreek requested to convert common space into a
manager's unit. With approval of this Ordinance, Stonecreek will
be able to apply for a special review use.
Mayor Protem Reynolds opened the meeting for a,public hearing.
With no one wishing to be heard, Mayor Protem Reynolds closed that
portion of the meeting.
There being no further comments, Mayor Protem Reynolds called for
a motion.
Councilor Hines motioned to approve Ordinance No. 92-17, Series
of 1992 on second reading. Councilor Gersbach seconded the
motion.
With no further discussion, Mayor Protem Reynolds entertained a
roll call.
Those voting aye were councilors Derek,Pysher, Tom Hines, John
Hazard, Charlie Gersbach. The motion carried unanimously.
Resolution No. 92-29, Series of 1992, A,RESOLUTION APPROVING THE
FINAL PLAT OF THE SECOND AMENDMENT TO THE SUNROAD SUBDIVISION, A
SUBDIVISION OF THE FIRST AMENDMENT.TO THE SUNROAD.SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Pylman stated lots #2 and #4 of the Sunroad Subdivision are
each half acre lots`:•-A Denny's restaurant franchise has purchased
both lots and is,building'a single restaurant on,both lots. This
Resolution will eliminate the property line between lots #2 _and
04; taking two-lots'and creating one single, one acre lot.
Councilor Hazard motioned to adopt Resolution No. 92-29, Series
of 1992. Councilor Gersbach seconded the motion and the motion
carried unanimously.
Resolution,No. 92-30, Series of 1992, A RESOLUTION APPROVING THE
FINAL PLAT OF CLIFFROSE TOWNHOMES A R_ESUBDIVISION OF LOT 17, BLOCK
1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Pylman informed this is a final plat for a four plex building
that has been built in Wildridge, right across the street from the
Fire Station. This will create fee simple property for each unit.
Councilor Pysher motioned to adopt Resolution No. 92-30, Series
of 1992. Councilor Gersbach seconded the motion and the motion
carried unanimously.
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Councilor Hazard questioned when the next combined meeting with
Town Council and Planning and Zoning Commission would-be to visit
sites. Mr. James reminded Council agreed•,to"every.two"months in-
the-summer months only. Mr. James added that a tour could be
arranged the'latter part of this month, if Council so wished.
Council directed~Mr.' James to schedule.tour.-
Councilor Hazard suggested an announcement relating-to the status
of,the streetscape improvements or possibly include this in a
Mayor's Breakfast; to include the why and where the public's money
.went:- ,Council's consensus was that this was a good idea.
Next was Unfinished Business regarding Fleet Maintenance
Consultants Feasibility Study.
Mr. James reminded Council directed Staff,to negotiate with Fleet
Maintenance Consultants to include in the Feasibility Study the
ranking of sites for up to 5 sites and to offer first and second
preferred site,choices. For these additions in the study, the new
proposal is $ 22,433.60, an increase from $13,445.
Councilor Hazard motioned to authorize the Town Manager to hire
Fleet Maintenance Consultants, Inc. The motion was seconded by .
Councilor Gersbach and the motion carried-unanimously.
Next under Unfinished Business was discussion on the Amendment to
the. Beaver Creek Bus Agreement.
Mr. Larry-Brooks reminded Council of questions raised from last
-Council-meeting regarding the Beaver Creek Bus Agreement. Major
concern was how secure'the Town of Avon would be in buying
additional pieces of equipment; item #6 in the agreement.
Attorney Dunn has added language to further protect and secure
Avon's position.
Councilor Pysher motioned to authorize the Town Manager to execute
this agreement. Councilor Hazard seconded the motion and the
motion carried unanimously.
Next was New Business regarding Change Order #3 / Avon Road
Streetscape Plan.
Mr'. Norm Wood informed this is Change Order No. 3 for B & B
Excavating, Inc. and,SaBell's Landscape Maintenance Company.
This represents an addition of $16,045.00 to B &'B Excavating and
a reduction of'$3,600.00 to SaBell's Landscape& Maintenance
Company contracts. .B & B Excavating addition is primarily a
result'of conditions found underground, such as'the repair to a
collapsed drainage pipe; pre-existing conditions. SaBell's
reduction is primarily the result of being able to shorten the
water irrigation line.
Councilor Pyshet motioned to approve Change Order #3 to increase
the contract amount by $16,045 for B & B-Excavating and approve
Change Order #3 for SABell's Landscape to decrease the contract
amount $3,600.• The motion was seconded by Councilor Hines and the
motion carried unanimously.
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The Financial Matters were next presented to Council.
Councilor Hines questioned the amount of $1,631.25 paid out for
Goshawk Townhomes to install their fence. Mr. James informed
that is an error; should be half that amount; change has been
noted.
Councilor Hines moved to receive items #1 thru #12 and approve
items #13 thru #17 with an amendment to item #16 under Bolduc
Realty Management, Inc. we chance that amount by; deduct by half.
The motion was seconded by Councilor Pysher and was unanimously
carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the September 22, 1992
Regular Council Meeting minutes as presented.. The motion was
seconded by Councilor Pysher and the motion carried unanimously.
There being.no further business to come before Council, Mayor
Protem Reynolds called for a motion to adjourn. Councilor Hines
moved to adjourn. The motion was seconded by Councilor Gersbach.
The meeting was adjourned by Mayor Protem Reynolds at 8:31pm.
RESPECTFULLY SUBMITTED:
Patty Ney art, T wn Clerk
APPROVED:
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