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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. • • 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. 2 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. 3 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. 4 RESPECTFULLY SUBMITTED : Patty Ney a CMC Town Clerk 5