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TC Minutes 06-28-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 28, 1994 - 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 Albert J. Reynolds at 7:38PM. A roll call was taken with Councilors John Hazard, Tom Hines, Jim Roof, and Judy Yoder present. Councilors Jack Fawcett and Celeste C. Nottingham were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Engineer Norm Wood, Superintendent of Recreation Meryl Jacobs, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Gary Thomas, Town Clerk Patty Neyhart, as well as members of the press and public. First Reading of Ordinance No. 94-13, Series of 1994, AN ORDINANCE PROVIDING DEVELOPMENT STANDARDS FOR WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds commented some additional work needs to be done on this Ordinance. Councilor Yoder moved the first Ordinance we have in-regard to providing development standards for Wildridge in the Town of Avon be referred to the Planning and Zoning Commission for their input and their recommendations. Councilor Hazard seconded the motion. Attorney Dunn interjected that it is the intention of Staff to make some changes to what you have here. I don't think you want to refer this document to P & Z. Mayor Reynolds stated we want to table it. Councilor Yoder moved to table this and allow P & Z to make any changes to this. Councilor Hines seconded the motion and the motion carried unanimously. Councilor Yoder stated she withdrew her first motion. First Reading of Ordinance No. 94-14, Series of 1994, AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL-CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES FOR THE VIOLATION THEREOF Attorney Dunn stated this Ordinance began as a plan to provide an alternative for enforcing cleanup and landscaping deposits. The practice presently is, under certain circumstances, if for example, the building is finished at the end of, or in the fall, landscaping is not done, etc.-, a bond may be required to.get that done in the spring. It-would'be an easier matter, rather-than having to go after the bonds, to simply provide in the Ordinance for people to be charged in Municipal Court when they fail to _ comply with the requirement that landscaping and paving, etc. be finished. Therefore, the Ordinance, and actually the new language is at the end of Section 1 Amendment just before Section 2 Amendment it's paragraphed, "that if the permit holder fails or refuses to complete the cleanup and landscaping as defined in this Chapter, such failure or-refusal should be a violation hereof punishable under Section 15.08.280". In the process of doing that I realized that, just as a result of the way the building codes are adopted by reference, we don't actually have a provision in the Town Code as opposed with the building codes making a violation of the provision in the Town Code a .violation of the Code. 9 0 The only provision that we have in here currently is if there is a violation of one of the building codes then that is a violation of the Town Code. So, to sort of clean that up, I have added language in under Section 2 Amendment doing the violations, "shall be unlawful for any person, firm; etc., to erect, etc., any building or structure or maintain any building or structure contrary to or in violation of any of the provisions of any of the Codes or Standards named in the title of this Ordinance as amended by this Ordinance. And, by adding the language "as amended by this Ordinance" the amendments in the Code,'which are amendments to the Building Code are subject to the penalty provisions. And, likewise under Section 3 Amendment we have added that any person violating any provisions of this Title 15, which is the added language, or of the Uniform Building Code or Building Code Standards shall be deemed guilty of a violation - hereof. So, it just gives the Building Department working with the Police Department more flexibility in terms of charging violations of the building regulations of the Town; not just the building codes but also the provisions of the Municipal Code itself. Councilor Hines asked if this Ordinance was discussed with Judge Buck Allen. Attorney Dunn stated he has not discussed this with Judge Allen. Attorney Dunn recommended passing the Ordinance on first reading this evening and he will discuss this with Judge Allen before the second reading. Councilor Hines motioned,approval of Ordinance 94-13, Series of 1994, on first reading Councilor,-Hazard seconded the motion. The motion carried unanimously. Next on the Agenda under New Business was the AMD Agreement for Services with the Town of Avon. Mr. Larry Brooks stated this is a revised agreement between the Avon Metropolitan District and the Town of Avon, for the services the Town provides to the District. Mr. Brooks noted that the auditors recommended changing-a few items in the existing contract and this agreement is a result of those recommendations. The two changes are compensation and insurance requirements. Compensation is no longer tied to a percentage increase, but rather to approval of the budget on an annual basis. The insurance requirements were changed to concur with the existing Colorado Governmental Immunities Act ($150,000 per person and $600,000 per occurrence). Councilor Yoder motioned to approve the AMD Agreement for Services with the Town of Avon. Councilor Roof seconded the motion. The motion carried unanimously. Next on the Agenda under New Business was the Western Hoedown to Benefit Eagle County Libraries. Councilor Yoder stated this is the second year for Slifer, Smith, & Frampton to sponsor a benefit for the Eagle County Libraries. Last year, the Council attended and the Town paid for the members attending. Mayor-Reynolds noted no action was necessary as we will all be there. Councilor Yoder added this is considered policy. 2 Next on the Agenda was the Consent Agenda: a.) Financial Matters b.) Approval of the June 14, 1994 Council Meeting Minutes. Councilor Yoder motioned to approve the Consent Agenda,. Councilor Hines seconded the motion and the motion carried unanimously. 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 7:52PM RESPECTFULLY'SUBMIT-TED: Patty Ney art, Town Clerk AP 3