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TC Minutes 11-12-1996rall MINUTES OF' THE REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 12, 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, Jack Fawcett, Tom Hines, and Judy Yoder present. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Fire Chief Charlie Moore, Director of Recreation Meryl Jacobs, Administrative Assistant Jacquie Halburnt, Finance Director Scott Wright, and Director of Community Development Mike Matzko, as well as members of the press and public. Unfinished Business: Second Reading of Ordinance No. 96-19, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN CENTER THROUGH APRIL OF 1997 AND THE STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko reviewed the Ordinance. Mayor Reynolds opened the meeting for public comment. Hearing no one, the mayor closed the public hearing. Councilor Fawcett motioned to approve on second reading Ordinance No. 96-19, Series of 1996. Councilor Yoder seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Unfinished Business: Resolution No. 96-47, Series of 1996, A RESOLUTION AMENDING THE 1996 BUDGET Finance Director Scott Wright reviewed the Resolution. Councilor Yoder motioned to approve Resolution No. 96-47, Series of 1996, amending the 1996 budget. Councilor Benson seconded the motion and theā€¢motion-carried unanimously. Unfinished Business: Resolution No. 96-48, Series of 1996, A RESOLUTION ADOPTING THE 1997 BUDGET Finance Director Wright reviewed the Resolution. Councilor Benson motioned to approve Resolution No. 96-48, Series of 1996, adopting the 1997 budget. Councilor Yoder seconded the motion and the motion carried unanimously. Consent Agenda: a.) Approval of the October 22, 1996 Council Meeting Minutes b.) Advertisement for Planning & Zoning Commissioner Vacancy c.) Eagle Park Reservoir Agreement / Relinquishment of Eagle- Vail's right to Benchmark Lake d.) Avon Road Roundabouts / Proposal for appraisals for right- of-way and easement acquisition e.) Agreement for engineering services f.) Recreation Center / HS Resources, Inc. contract for gas transportation services g.) Resolution No. 96-46, Series of 1996, A RESOLUTION APPROVING A REDUCED SECURITY DEPOSIT FOR WARRANTY WORK COMPLETED ON IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOUNTAIN STAR SUBDIVISION h.) Resolution No. 96-49, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT OF MOUNTAIN STAR FILING NO. 3, A PORTION OF SECTIONS 1 & 2, T 5 S, R 82 W OF THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY COLORADO i.) Resolution No. 96-50, Series of 1996, A RESOLUTION APPROVING FINAL CONDOMINIUM PLAT OF SAGE VILLAS CONDOMINIUMS, LOT 85, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO j.) Financial Matters Councilor Benson motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. Farewell comments of the outgoing Councilmembers: Councilor Hines and Mayor Reynolds gave their farewell comments to the Council and public. 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 5:52 PM. The ceremonies for the installation of the newly elected councilmembers followed. The Presentation of Colors and Pledge of Allegiance were performed by Boy Scout Troop #231. Town Clerk Patty-Lambert read the list of newly elected council members as Jim Benson, David Gilman, Bob Mcilveen, and Buz Reynolds, Jr. All newly elected councilmembers were sworn in by Judge Buck Allen. Councilor Yoder motioned that Councilor Fawcett be Temporary Chairman. The motion was seconded by Councilor Benson and the motion carried unanimously. 2 The meeting was called to order by Temporary Chairman Fawcett at 5:53 P.M. A roll call was taken with Councilors Jim Benson, Richard Carnes, David Gilman, Bob McIlveen, Buz Reynolds, Jr., and Judy Yoder present. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert,,Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Fire Chief Charlie Moore, Director of Recreation Meryl Jacobs, Administrative Assistant Jacquie Halburnt, Finance Director Scott Wright, and Director of Community Development Mike Matzko, as well as members of the press and public. Nominations for Mayor: Councilor Benson nominated Councilor Yoder. Councilor Carnes nominated Councilor Carnes. Councilor Gilman nominated Councilor Fawcett. Ballots were handed out and tallied by Town Clerk Lambert with verification by Director of Recreation Meryl Jacobs. There was a tie between Councilor Fawcett and Councilor Yoder. Ballots again were distributed and tallied by Town Clerk Lambert with verification by Director of Recreation Jacobs. Temporary Chairman,Fawcett announced that Jack Fawcett was elected Mayor. Nominations for Mayor Protem: Mayor Fawcett nominated Councilor Yoder for Mayor Protem. There were no further nominations. Mayor Fawcett, by acclamation, announced Councilor Yoder as Mayor Protem. The Council recessed at 6:10 P.M. P.M. with the new Coi jicil taking Mayor Fawcett presiding. The meeting reconvened at 6:23 their appropriate seats and Resolutions: Resolution No. 96-51, Series of 1996, A RESOLUTION IN APPRECIATION OF THOMAS M. HINES Mayor Fawcett read Resolution No. 96-51 in its entirety. Councilor Benson motioned to approve Resolution No. 96-51, Series of 1996. Councilor Carnes seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 96-52, Series of 1996, A RESOLUTION IN APPRECIATION OF CELESTE C. NOTTINGHAM Mayor Fawcett read Resolution No. 96-52 in its entirety. Councilor Yoder motioned to approve Resolution No. 96-52, Series of 1996. Councilor Benson seconded the motion and the motion carried unanimously. 3 Resolutions: Resolution No. 96-53, Series of 1996, A RESOLUTION IN APPRECIATION OF ALBERT J. REYNOLDS Mayor Fawcett read Resolution No. 96-53 in its entirety. Councilor Reynolds motioned to approve Resolution No. 96-53, Series of 1996. Councilor Yoder seconded the motion and the motion carried unanimously. Town Attorney Report: Town Attorney John Dunn understood that the appeal, from P & Z, which was tabled until December 10th for Council, has been resolved. The expectation is that this appeal will be withdrawn. Town Attorney Dunn informed the Town has received a summons and complaint in connection with the denial of the bed and breakfast application by Marvin Simon, which was heard by the Council in September. Mayor Report: Mayor Fawcett thanked former Councilors Tom Hines, Celeste C. Nottingham and former Mayor Albert J. Reynolds for their service and commitment. Mayor Protem Yoder echoed Mayor Fawcett's thanks. There being no further business to come before Council, Mayor Fawcett called for a motion to adjourn. Councilor Reynolds moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Fawcett at 6:36 PM. RESTFULLY SUBMITTED: Patty Lamberk Town Clerk \ 4