TC Minutes 04-14-1998N 1NUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 14, 1998 - 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 Jack Fawcett at 5:35 PM. A roll call was
taken with Councilors Jim Benson, Richard Carnes, Bob McIlveen, Buz Reynolds, Sr.,
Buz Reynolds, Jr., and Mayor Protein Judy Yoder present. Also present were Town
Manager Bill Efting, Town Attorney John Dunn, Assistant Town Manager Larry Brooks,
Town Clerk Kris Nash, Executive Assistant Jacquie Halburnt, Director of Community
Development Mike Matzko, Director of Finance Scott Wright, Fire Chief Charles Moore,
Police Chief Gary Thomas, Community Services Officer Steve Hodges, as well as
members of the press and public.
Citizen Input:
Am Menconi, President of the Homeowners Association for Avon Crossing approached
the Council to express concerns of the Association regarding a new business wanting to
open in Nottingham Plaza called Wings on Wheels; a carry out business of chicken wings
and -potentially alcohol. Their concerns are the odor it will emit and the hours of
operation. The business is proposing to stay open until 3:00 AM.
Community Development Director Mike Matzko stated the property is straight zoning
and a restaurant is a Use By Right.
Councilor Benson stated that he did not think the Town Council could limit the hours of
operation.
After much discussion, Mr. Menconi asked the Council if there was anything that could
be done. Mayor Fawcett stated it would be turned over to the Town planning staff to
determine. Mr. Matzko stated they would look into it.
Ordinances:
Second Reading of Ordinance 98-4, Series of 1998, AN ORDINANCE PROVIDING
FOR THE AMENDMENT OF ORDINANCE 94-19, AMENDING THE SWIFT
GULCH ADDITION PUD DEVELOPMENT PLAN AND DEVELOPMENT
STANDARDS; PARCELS -1 AND 2, SWIFT GULCH ADDITION, TOWN OF AVON,
EAGLE-COUNTY, COLORADO
Mayor Fawcett announced this is the second reading and that it is a public hearing.
Community Development Director Mike Matzko reminded Council that this ordinance is
an adoption of a PUD. development plan and an amendment to-the PUD development
standards. It excludes retaining walls over 4 feet high from the building set back
requirements. The current development plan has expired and this is anew development
plan which the ordinance adopts.
Mayor Protein Yoder motioned to approve second reading of Ordinance 98-4, Series of
1998. Council Reynolds, Sr. seconded the motion.
Mayor Fawcett called for a roll call.
The motion carried unanimously.
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Resolutions:
Resolution No. 98-25, Series of 1998, A RESOLUTION TO DECLARE OFFICIAL
INTENT TO REIMBURSE CAPITAL EXPENDITURES
Finance'Director Scott Wright stated this is a reimbursement resolution to declare the
Council's official intent to reimburse the Town for any capital expenditures for the new
maintenance facility that may be incurred prior to the issuance of any bonds. It protects
the Town and allows the Town to pay itself back through the bond proceeds for any out
of pocket expenditures.
Councilor Benson motioned, to approve Resolution 98-25, Series of 1998. Councilor
Richard Carries seconded the motion and the motion carried unanimously.
New Business:
Agreement between Town of Avon, Beaver Creek Metropolitan District and Smith Creek
Metropolitan District for a Public Works Facility.
Mayor Fawcett stated the agreement was reviewed by Council and Council's attorney on
numerous occasions. The agreement relates to a partnership for the Swift Gulch
maintenance facility.
Mayor Fawcett asked if there were any questions.
There being no questions, Mayor Fawcett asked for a motion.
-Councilor Reynolds, Jr. motioned to approve the, Agreement as written. Councilor
Benson seconded the motion.
Mayor Fawcett asked for a roll call.
Councilors Jim Benson, Richard Carnes, Buz Reynolds, Jr., and Mayor Fawcett voted for
approval of the Agreement. Mayor Protein Yoder and Councilor Reynolds, Sr. voted
against approval of the Agreement. Councilor McIlveen abstained.
Attorney John Dunn informed Council that because it was an intergovernmental
agreement it required two-thirds vote of the entire Council. Therefore, Councilor
McIlveen changed his vote to approve the Agreement.
The motioned passed with Councilors Jim Benson, Richard Carnes, Buz Reynolds; Jr.,
Bob McIlveen and Mayor Fawcett approving. 'Mayor Protem Yoder and Councilor
Reynolds, Sr. voting against approval.
Mayor Report:
Mayor Fawcett expressed his thanks on behalf of Councilor Reynolds, Sr. and himself
for the birthday cakes and gifts given by the Town staff and town Manager.
Mayor Report:
Proclamation for the Days of Remembrance for 1998.
Mayor Fawcett read the proclamation in full. No action was requested from Council.
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Consent Agenda:
a.) Approval of the March 31, 1998 Council Meeting Minutes
b.) Contract with Red Trail Contracting for Construction on the Recreation
Center
c.) Contract for the Polynesian Fire Dancers
d.) Proposal for Avon Roundabout Lighting Levels Study Yoder Engineering
Consultants
e.) Proposal for Additional Services for Nottingham Lake Pump House with
Victor Mark Donald Architects
f.) Contract Modification Order No. 1 Municipal Building Entry Remodel
with Victor Mark Donaldson
g.) Contract Modification Order No. 1 and No. 2 for Nottingham Lake Pump
House with Victor Mark Donaldson
h.) Intergovernmental Agreement for Animal Control and Animal Housing
with Eagle County
i.) Financial Matters
Mayor Protem Yoder stated that she would be abstaining from item d and would be
voting on the balance of the consent agenda.
Councilor Benson motioned to approve the consent agenda. Councilor Reynolds, Sr.
seconded the motion and the motion carried unanimously.
There being no further business to come before Council, Mayor Fawcett called for a
motion to adjourn. Councilor Reynolds, Sr. motioned to adjourn. The motion was
seconded by Councilor Benson and the motion carried unanimously. The meeting was
adjourned by Mayor Fawcett at 6:15 PM.
Town Clerk