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TC Minutes 08-13-1996MAY'`' 6 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 13, 1996 _ 5:30 P.M. A regular meeting of the 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 5:30 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Councilor Jack Fawcett was absent. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Fire Chief Charlie Moore, Administrative Assistant Jacquie Halburnt, and Community Development Di-rector Mike Matzko, as well as members of the press and public. Citizen Input: Eagle Valley Chamber of Commerce - Citizen of the Year Extravaganza / Request for Transportation Service (Elizabeth Philben) Elizabeth Philben sent written cancellation of the request for transportation service thus, did not appear before Council. Ordinances: Second Reading of Ordinance No. 96-13, Series of 1996, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO EXEMPTIONS FROM THE REAL ESTATE TRANSFER TAX Mayor Reynolds announced this is a public hearing. Town Attorney John Dunn stated there are no changes to this Ordinance from first reading. Councilor Yoder motioned to approve on second reading Ordinance No. 96-13, Series of 1996. Councilor Benson seconded the motion. The motion carried unanimously. Ordinances: First Reading of Ordinance No. '96-14, Series of 1996, AN ORDINANCE RELATING TO ACTIVITY ON CONSTRUCTION SITES AMENDING SECTION 6.04.20, SECTION 6.04.060, AND SECTION 8.24.085 OF THE AVON MUNICIPAL CODE Director of Community Development Mike Matzko reviewed Ordinance No. 96-14. Discussion focused on "vacant lot". Councilor Benson and Councilor Hines agreed that it is a private property owner's right to exercise their dog on their own vacant lot. Councilor Hines thought it is still a matter of enforcement and thought this Ordinance was over kill on this issue. Councilor Benson agreed. Councilor Hines motioned to approve on first reading ordinance No. 96-14, Series of 1996 with the following amendment in Section K, strike the word "vacant lot" and strike the definition of "vacant lot" as well. Councilor Nottingham seconded the motion. The motion carried with Councilor Benson and Councilor Hines opposed. Town Attorney Report: Indemnification for,('anyon Run LLC from any claims arising from the Town's removal of the wood water wheel and building located on Lot 4, Nottingham Station, Town of Avon. Matzko informed that Mr. Mauri Nottingham will be storing the water wheel on his property until a permanent location can be found. Councilor Yoder motioned to authorize the Mayor to sign the indemnification for Canyon Run LLC. Councilor Benson seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds complimented the Recreation Department on the wonderful job they dial for the Junior Olympics. Other Business: Ms. Dee Combs, of Brandywine Brokers, understood there were people that were trying to make an appearance or written correspondence regarding Ordinance No. 96-13. Ms. Combs stated this Ordinance change was not clear to the Board of'Realtors. Ms. Combs suggested amending the Ordinance to reflect the transient community and allow the exemption for job transfers or deaths. Councilor Nottingham stated the intent for the exemption, of some portion of the real estate transfer tax, was to encourage residents to be here and stay. Councilor Yoder noted one year is not a long time for a person to own property - the average is seven years for a person to own. Councilor Carnes stated the reason this ordinance came up was to change the logistics of the timing - to clarify the ordinance - the exemption issues were not even being discussed. Ms. Combs thanked Council for listening to her. Consent Agenda: a..) Recreation Department Agenda Publishing Company & International Vo yager Media advertising contracts b.) Recreation Department / Andando Por Vail advertising contract c.) Recreation Department / Band Contracts for Summerfest d.) Approval of the July 23, 1996 Council Meeting Minutes e.) Financial Matters Councilor Benson motioned to approve the Consent Agenda. Councilor Nottingham seconded the motion and the motion carried unanimously. 2 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 Hines. The meeting was adjourned by Mayor Reynolds at 5:52 PM. RESPECTFULLY SUBMITTED: Patty Lambe t, CMC Town Clerk 3