TC Minutes 09-26-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 26, 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 Pro-Tem Celeste C.
Nottingham at 7:32PM. A roll call was taken with Councilors Jim
Benson, Richard Carnes, Jack Fawcett, Tom Hines, and Judy Yoder
present. Mayor Albert J. Reynolds was absent. Also present were
Town Manager Bill James,Town Clerk Patty Neyhart, Town Attorney
John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, and
Director of Municipal Services Larry Brooks, as well as members
of the press and public.
Citizen Input: Vail Valley Foundation - Request to waive
Building Fees (Paul Paradis)
Mr. Paul Paradis requested building fees, of approximately
$1,889, for the Vail Valley Foundation, be refunded: Mr. Paradis
understood that the Town had waived fees in the past for non-
profit organizations.
Town Manager Bill James did not recalled when the Town had waived
fees for non-profits. The Town waived fees for Eaglebend Housing
Authority when they built the affordable housing project. The
Town sponsored the housing project.
Councilor Benson,motioned to refund ,the building fees for the
Vail Valley Foundation- Councilor Hines seconded the motion.
The motion failed with Councilors Fawcett, Hines','and Yoder
opposed.
Avon Village Annexation:
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 OF TITLE 24, C.R.S., AS AMENDED
Mayor Pro-Tem Nottingham,announced that this Ordinance would not
be considered. (This Ordinance was not considered due to the
withdrawal of the annexation petitions).
Ordinances:
First 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
Town Manager James stated this Ordinance is in response to
Council's request,to change the speed limits, particularly on
Metcalf Road:
Town Attorney John Dunn mentioned the need to include a penalty
provision in-the Ordinance.,,,Attorney,Dunn.submitted a revised
Ordinance that included a penalty paragraph.
Councilor Hines motioned to approve Ordinance No. 95-21, Series
of 1995, on first reading. Councilor Benson seconded the motion.
Mayor Pro-Tem Nottingham called for a roll call vote.
The motion carried unanimously.
Resolutions:
Resolution No. 95-44, Series of 1995, A RESOLUTION CERTIFYING
DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO.
1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR-COLLECTION BY
EAGLE COUNTY TREASURER
Town Manager James informed the special improvement district was
formed in Wildridge to install natural gas and cable television.
This Resolution will certify delinquent assessments, due to the
Eagle.County Treasurer by October 1st. Total delinquent
assessments amount to $20,582.85.
Councilor Yoder motioned to adopt Resolution No. 95-44, Series of
1995. Councilor Benson seconded the motion and the motion
carried unanimously.
Resolutions:
Resolution No. 95-45, Series of 1995, A RESOLUTION CANCELLING THE
ELECTION TO BE HELD NOVEMBER 7, 1995
Attorney Dunn stated this Resolution will cancel the election
with respect to de-Brucing revenues and authorizing a multiple
fiscal year obligation in connection with the Avon Village
Annexation. The election is being cancelled by reason of the
withdrawal of the annexation petitions.
Councilor Hines motioned to approve Resolution, No. 95-45, Series-
of 1995. Councilor Yoder seconded the motion and the motion
carried unanimously.
New Business: NWCCOG 1996 Dues Notice & Confirmation
Councilor Yoder motioned to authorize the Mayor to sign the
NWCCOG 1996 Dues Notice & Confirmation. Councilor Fawcett
seconded the motion and the motion carried unanimously.
New Business: Recreation Center / ASCAP Contract
Councilor Fawcett'mctioned approval of the ASCAP Contract in the
amount of $676:80 forYthe year-.,-Councilor Yoder seconded the
motion and the motion carried unanimously.
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New Business: Public Works / Elevator Testing.
Councilor Hines motioned;to authorized the Mayor to sign the
proposal for elevator testing in the municipal building and also
motioned the town approve the attached proposal for pressure
relief testing of the municipal building elevator- Councilor'
Benson seconded the motion and the motion carried unanimously.
New Business: Public Works / Holy Cross Electrical Contract for
Recreation Center
Councilor Yoder motioned to authorize the Mayor'to sign the
attached contract for electrical services with Holy Cross
Electric, Association. Councilor Benson seconded the motion and
the motion carried unanimously.
Town Manager James mentioned the park rest rooms that were not
hooked up to the meter, since 1983. The Town received a bill
from Holy Cross Electric and Mr. Brooks is negotiating the
approximate total bill of $38,000, in back payments.
New Business: Public Works / Award Bid.- Telephone Service for
Swift Gulch
Councilor Yoder motioned to award the bid for the telephone
system at the public works. facility to Executone of-Western
Colorado. Councilor Hines seconded the_ motion and the motion
carried unanimously.
Attorney's' Report:
Attorney Dunn mentioned he will be on vacation and will be absent
from the next Council meeting.
Other Business:
Town Manager James noted the Strategic Alliance Meeting
scheduled, with Council and Vail Associates, on Friday, October
6, 1995 between 9am and 1'pm at the Avon Library.
Consent Agenda:
a.) Approval of the September 12, 1995 Council Meeting Minutes
b.) Financial Matters
Councilor Fawcett motioned to approve the Consent Agenda.
Councilor Yoder seconded the motion and the motion carried
unanimously.
Adjourn:
There being'no further business to come before Council, Mayor
Pro-Tem Nottingham called for a motion to adjourn. Councilor
Yoder moved to adjourn. The motion was seconded by Councilor
Benson.. The meeting was adjourned by Mayor Pro-Tem Nottingham at
8:22PM.
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RESPECTFULLY SUBMITTED:
Patty "Neyh
Town Clerk