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TC Minutes 02-27-1979MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL MEMBERS OF THE TOWN OF AVON HELD FEBRUARY 27, 1979 7:30 P.M. The regular meeting of the Town Council Members of the Town of Avon, Colorado was held in the Town Office, second floor, Benchmark Shopping Center, Avon, Colorado. The meeting was called to order at 7:30 p.m. by Mayor Angelo Alpi. Council Members in attendance were Richard Allen, Angelo Alpi, William Doyle, Steve Erickson, Carol Richards, and A. J. Wells. Allan Nottingham was absent. Also in attendance were: John Blish, Town Attorney; Ken Richards, Building Department Consultant; and Hugh Price, Design Review Board Vice-Chairman. Carol Richards moved that the minutes of the regular meeting of February 13, 1979 and the Special Meeting of February 20, 1979 be approved as submitted. Seconded by Steve Erickson and unanimously carried. Two A-95 reviews for the Northwest Colorado Council of Governments were reviewed. The first concerned an Urban Itgpact Review Demonstration Project sponsored by the Colorado Department of Local Affairs. Upon motion made, seconded and duly carried, the Council agreed to respond, "This agency does not have an interest in the above project and does not wish to comment." The second was a project to provide technical assistance to individuals, elected officials and communitv leaders in planning and securing housing for low and moderate income families and individuals throughout rural Colorado. Upon motion made, seconded and duly carried, the Council responded "Favorably". The Town Attorney, John Blish, reported that he will be working with Ken Sortland, Chief of Police, on the preparation of the Ordinance establishing the Police Department. -2- The Town Attorney, John B1ish, reported that he will be proposing amendments to Ordinance 78-9 which establishes the Design Review Board in order to make it more effective. These amendments should be presented in the very near future. The Tom has received applications from seven attorneys for the position of Municipal Judge. Mayor Alpi set Thursday, March 8, 1979 at 7:30 p.m. as the date for a work session to interview the candidates. The Council had, in the the liabilitv insurance received the quotations some discussion, it was other towns to find out decision on the increas, past, discussed the possibility of increasing, of the Town above $1,000,000. The Town now has on the excess liability insurance. Following agreed that the Town Attorney would contact their liability coverage before making a s of coverage. Hugh Price, Vice Chairman of the Design Review Board reported that Chairman Ron Allred had resigned and that the Board recommended Mike Blair as his replacement. Jim Wells moved that Mike Blair be appointed the the Design Review Board, seconded by Bill Doyle and unanimously carried. Jim [dells moved that the Town purchase the Savin Copier for the price of $4,495.00 and accept the Maintenance agreement as presented by Business Office and Supply Systems. Seconded by Rich Allen and unanimously carried. The public hearing was then held on Ordinance 79-1, which was passed on first reading on February 13, 1979 and on which public notice was duly posted. There being no discussion on Ordinance 79-1- "An ordinance authorizing the payment of compensation to members of the Town Council of the Town of Avon; authorizing reimbursement for certain expenses incurred by Members of the Town Council; Defining the terms used herein; Setting out the duties of the Town Clerk with respect thereto and setting forth details in relation to the foregoing.", Jim [H]ells moved • t -3- that the Council pass the Ordinance on second reading. The motion was seconded by William Dovle and upon a roll call vote, the motion was unanimously carried. The Ordinance will be posted and become effective on March 7, 1979. Ron McKenzie submitted an oral bid for a monthly computer service which will provide the Council with monthly financial statements on a timely basis at the first regular meeting of the following month. A similar oral bid has been given by Stanley Bernstein. It was agreed that both accountants submit written bids for the services. A further report will be made at the next regular meeting. As reported to the Council at a previous meeting, it was determined that a refund of the Real Estate Transfer Tax on Lot 24, Block 1 was in order becasue records showed the closing took place one day before the Real Estate Transfer Tax became effective. It was moved by Jim Wells, and seconded by Carol Richards that the amount of $569.22 be returned to the payees of the tax. The motion was unanimously approved followina a roll call vote. Ken Richards made a report regarding his progress in setting up the Building Department. Jay Hosburgh, Fire Chief, reported to the Council on requirements needed by the Fire District on our building codes. Concern was shown regarding the capabilities of the Fire Department to adequately protect structures over three stories in height. Several entities involved, including Eagle-Vail, Avon, Beaver Creek and Berry Creek will probably solve the problem shortly by jointly purchasing a 100 ft aerial ladder truck which most likely will be stationed here at the Avon Fire Station. The Fire Department would like to work closely with the Building Department and the Design Review Board to assure fire protection requirements are being followed in the Town of Avon. rye Following a'•'pr-esentation by Jay Peterson;` who was 'rePresefit ng Befi6himarl{ ' and comments by .-the 'Town Attor-ney, the Council; by 'roll call ''vote, passed a"motion accept-i n~ the Petition presented by'Ron Allred *r-uestinq annexation of a parcel of "land:` in Section 35'. 'The council further, adopted -4- ~~'`..V w,r d AF, 'p1))4v and accepted the firings contained in the petition, certified that those v allegations are found by the Council to be correct, and found that at least one-sixth of the boundary of the area which is the subject of the proposed annexation is contiguous with the present town boundary. Councilmember A. J. Wells abstained on this vote. The Ordinance by which the annexation would be accomplished, Number 3 Series of 1979, was introduced by Council member Steve Erickson. The ordinance was available to the Council and to those in attendance at the meeting and was read by title only. The council voted to accept the introduction of the ordinance. Council member A. J. Wells abstained. Steve Erickson moved and Bill Doyle seconded a motion adopting the ordinance and setting the next regular council meeting on March 13, 1979 at 7:30 p.m. as the time for the hearing on the ordinance. The motion passed by a roll call vote. A. J. WElls abstained. The Re-S.ubdivision of Lot 19, Block 2 into 3 parcels plus a common site was presented to the Council. After discussion, the plan seemed to be in order except for the signing of the Party Wall Agreement. Carol Richards moved the Re-Subdivision be accepted subject to the Party [Nall Agreement being signed. Jim Wells seconded the motion which after a roll call vote was approved unanimously. It was reported that a representative to the Colorado Municipal League was needed. Carol Richards moved that John Blish be appointed, seconded by Jim Wells and carried unanimously. The Re-subdivision of Lot 8, Block 2 was presented by Jay Peterson. After discussion, it was found there was a slight encroachment onto an easement on the lot. Letters from all utility companies would be needed by the Town stating that this encroachm.ent was accepted by the utilities. After discussion, the plan seemed to be in order except for this encroachment and for signing of the Party Wall Aqreement. Carol Richards moved the subdivision be accepted subject to the Party Wall Agreement and receipt of the letters from the utility companies. -5- • The motion was seconded by Steve Erickson and after a roll call vote was approved by the Board with Jim Wells and Bill Doyle abstaining. Ordinance 79-2 " An Ordinance Adopting by reference the Uniform. Building Code, 1976 Edition; the Uniform Mechanical Code, 1976, the Uniform Fire Code, 1976 Edition; the National Fire Code, 1976 Edition, including the Life Safety Code, NFPA Publication 101; The Uniform Plumbing Code, 1976 Edition; the National Electric Code, 1978 Edition; and The Colorado Model Energy Efficiency Construction and Renovation Standards for Non-Residential Buildings of the State of Colorado and The Colorado Recommended Energy Conservation "Performance" Code for New Construction and Renovation of Residential Buildings, repealing all ordinances of the Town of Avon, Colorado, in conflict or inconsistent therewith and making certain amendments, and providing a penalty for violation thereof_"was introduced to the Council by Carol Richards as an emergency ordinance because the County no longer provides building department services. Considerable discussion was held. Jim Wells moved that ordinance 79-2 be approved as an emergency ordinance, seconded by Steve Erickson and passed unanimously. The ordinance will be posted February 28 to take effect March 7, 1979. Leslie Allen, Town Clerk, presented her resignation as Town Clerk to the Council. Carol Richards moved to instruct the Town Attorney to prepare a resolution commending Leslie for her services to the Town. Seconded by Steve EVickson, and unanimously passed. Richard Allen then presented his resignation as a member of the Town Council. This was regretfully accepted. The Mayor asked the press to print a notice of the vacancy - inviting people to apply. The position must be filled no later than March 29, 1979. ,Tim Wells asked about the Council's position regarding the Air Sampler Device desired by the Eagle County Environmental Control Department which was referred back to the Council by the Design Review Board with a negative recommendation. Carol Richards moved the project be denyed as per Design Review Board recommendations, seconded by Jim Wells and approved unanimously. -6- There being no further business, the meeting was adjourned at 12:00 p.m. Respectfully submitted, Carol Richards Acting Town Clerk Approved: