TC Minutes 01-26-1982• •
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON COUNCILMEMBERS
HELD JANUARY 26, 1982 - 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held
in the Municipal Building in the Council Chambers.
The meeting was called to order by Mayor Pro Tem Steve Erickson at 7:45 p.m. Chairman
Erickson stated that Mayor Alpi would not be present at the meeting due to an illness in
the family. A roll call was taken with the Councilmembers in attendance with the exception
of Mayor Alpi. Also present were Town Attorney John Dunn as well as members of the press
and public.
The first item under new business was City Market regarding signage. They requested earlier
at the work shop that they would like'kto be reischeduled for the February 9th, 1982
Council Meeting.
Richard Agett representing Agett Duplex, Lot#12, Block#l, Wildridge Subdivision approached
the Council. He was requesting Duplex Map Approval.
The Town Attorney stated that the Title Cerficiate indicated two(2)Deeds of Trusts and
asked Mr. Agett if the Town had received consent of such. Mr. Agett stated that they would
be released upon any transfer of either parcel. The Town Attorney requested to have that
in writing. The Attorney also requested the names of the holders of the Deeds of Trust to
this replat. The Acknowledgement was not complete.
After some discussion A.J. Wells moved approval of the Agett Duplex Map subject to correction
of the Acknowledgement, designation of the holders of the Deeds of Trust in the Title of
Certificate and receiving of consent to the plat by the holders of the two(2)Deeds of Trust.
The motion was seconded by Sheila Davis and was unanimously carried.
Larry Kueter representing Roadcal, Lots#29 through 32, Block#2 Benchmark Subdivision was
cancelled from the agenda. They requested a future agenda after further research was done
regarding their project.
John Wheeler was cancelled from the agenda. He was directed to the Design Review Board.
George Rosenberg representing Benchmark Companies requested that the item regarding the
Buck Creek Resolution be tabled until February 9th, 1982 Council Meeting.
Larry Goad representing Benchmark Companies approached the Council. He was requesting a
motion from the Town Council that would authorize the Mayor to attend an upcoming meeting
of the land owners in the Benchmark Subdivision for the purpose of a voting election be
formed for new landowners - This would be necessary in order to amend the covenants which
would bring them in accordance with the zoning and replats of previously approved Metcalf
rezoning and the Buck Creek replat. The Mayor would be representing Tract G as a land-
owner which is approximately 45 acres. The meeting would be held February 25th, 1982.
Councilman Kumpost so moved. The motion was seconded by Sheila Davis and was carried with
A.J. Wells and Allan Nottingham abstaining.
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Next item on the agenda was Confluence at Beaver Creek. Chairman Erickson stated that he
would step down and appoint Councilmember A.J. Wells to chair the meeting for that
particular item.
Roger Hosier representing Confluence at Beaver Creek and the annexation of said property
approached the Council.
Mr. Hosier stated that since the Council work session of that afternoon they had revised
the annexation map, they deleted any reference on the map to propose zoning and also
corrected the gross area to 25.6 acres. He stated that the Ordinance, Resolution and
Petition were presented to the Council, but that the Petition had not been executed.
The Town Attorney requested that a relevant portion of the highway be described so that
the relationship of the highway to the area to be annexed would be clear.
There was discussion of the Petition not.being,executed.
Mr. Erickson a general partner of the project stated that he could execute the petition
immediately. He stated as a general partner of the project he was owner of 50% of the area
to be annexed.
Chairman Wells stated that he understood that, but there was a question whether or not the
other general partner(Peter Blunt)wanted to annex.
Mr. Erickson stated that he was authorized to sign as a general partner.
The Town Attorney stated that the petition does not pertain to an affidavit.
The Council agreed that they would have no problem with it unless Counsel advised to table
it.
Colleen McNalley a resident of the trailer park was concerned and wondered what the
annexation would mean to her. Mr. Erickson stated that if the property were annexed into
the Town it would mean police protection from the Town of Avon and would be actually part
of the Town. The plans for the trailer park in the future would depend upon the zoning
that the Town would prescribe for that particular property. As far as Mr. Erickson's plans
for the trailer park, it would continue as a park because of the importance of the housing
until they could approach the County Commissioners on another site for the park.
Town Attorney stated that the Council had now before them a Petition which was signed by one
of the general partners of Confluence at Beaver Creek, he stated he had added to the Petition
a verification in conformance with the statute. He then recommended to the Council, if the
Council desired, to adopt the Resolution and further adopt the Annexation Ordinance on
first reading setting the hearing for March 9th, 1982.
At that point Sheila Davis moved approval of Resolution No.#82-4, Series of 1982 subject to
review and approval by the Town Engineer on the description. The motion was seconded by
Larry Kumpost and was unanimously carried.
Chairman Wells then stated the Resolution was moved and seconded and was then read by title.
Sheila Davis moved approval
Engineer's approval of the
to show highway#6, seconded
members voting yes.
The public hearing date was
so moved, seconded by Larry
of Ordinance No.#82-3, Series of 1982 subject to the Town
Legal description and subject to amending a portion of the map
by Larry Kumpost. A roll call was taken with all the Council-
set for the first meeting in March 9th, 1982. Sheila Davis
Kumpost and was unanimously carried.
First reading of Ordinance No.#82-1, Series of 1982, AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS OF THE TOWN OF AVON TO PROVIDE A FORM OF TITLE CERTIFICATE AND TO CORRECT THE
FORMS OF TOWN CERTIFICATES.
The Town Attorney stated the Ordinance is primarily a housekeeping Ordinance, it changes
some of the language in two(2)of the forms that are attached to the Subdivision Ordinance,
1) the Town Certificate for the plat, 2) the Town Certificate for an amended plat, 3) sets
forth the requirement for a approval block for a title insurance company and a Attorney's
Certificate.
The Town Attorney stated that at some point of time it would be necessary to redraft the
Subdivision Regulations.
Councilman Wells stated that they draw their attention to the zoning Ordinance before any-
thing else.
After discussion A.J. Wells moved approval of Ordinance No.#82-1, Series of 1982. The motion
was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting
yes. The second reading was set for February 9th, 1982.
The zoning Ordinance No.#81-22, Series of 1981 was tabled. This Ordinance would be referred
to the Zoning Advisory Committee for revision.
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Clinton Watkins approached the Council. He stated he was appearing before the Council as
a spokesman for a group of citizens that were noncerned about some of the problems in the
government of Avon. He stated they wanted to present a petition to the Town Council re-
questing that action be taken to rectify one of the_problems.
The Town Attorney asked Mr. Watkins if he was appearing as an Attorney in a representative
capacity. Mr. Watkins stated he was appearing as a spokesman for the group and was a member
of the group. He stated he was not a resident of the Town, but a businessman, property
owner and a tax payer.
Mr. Watkins stated the petition stated that the undersigned citizens want a separation of
position of Town Manager and Mayor and the immediate removal of Angelo V. Alpi as Town Manager.
He stated one of the petitions that were returned stated that it deleted the word "immediate"
and was worded "timely" and also deletes the language of a interim Town Manager be appointed.
He stated that the petition was signed by 323 residents, business people and just concerned
citizens of the Avon area.
He requested that the Council review the petition as a statement of concern and that the
petition was not meant to be a personal attack on Mr. Alpi, but the group felt that with one
person holding both jobs would cause problems.
Chairman Erickson stated he welcomes more involvement from the citizens of Avon and those
are the people that they were primarily elected to serve. He stated he has been on the
Council since day one and it's totally surprising of the lack of interest that has been shown
,but as the community grows the Council certainly welcomes ideas, comments and especially
attendance to the publie hearings, he welcomes the input.
In December of 1981 when the Council met to prepare the budget for 1982 it was the intention
of the Council to hire a full time Town Manager on or before May lst, 1982.
Ira Adler of the Christie Lodge Management approached the Council. He stated that if the
residents were so concerned of the problems of the Town, why were there not any applications
to fill the vacant seat which the Council now has. He stated they should be praising the man
(Mayor Alpi)for the work he has done in this Town instead of asking for his immediate
removal. He stated he would like for him to continue until the term expires and the Town
give him a cheer for his effort.
Councilman Wells stated that the request of appointing a Manager through a committee would
be in direct conflict with the Charter. He added that when the Town first started the Town
didn't have the money to pay for a full time Town Manager and that Mr. Alpi volunteered his
time to work part time and agreed at that time it was not a good thing to have one person
to carry out the duties of the Mayor/Manager and that when it became a full time job the
Town would then hire a full time Manager.
He stated that whenever citizens have concerns that they voice the concerns, but in matters
such as this don't have to go to the point that they have to do a petition and seemingly
condemn someone. He stated he had to personally thank Mr. Alpi for all the hard work and
effort he put forth and he thanked the citizens for being concerned.
Councilman Kumpost stated he echoed was had been said in defense of the Mayor. Mr. Kumpost
statea that while the Town Council has already been considering this opening, it was a matter
of public record at the last meeting(January 12, 1982)that this action had been taken and
felt that the error of urgency and petition was not warranted.
The Petition was then presented to the Council.
Chairman Erickson proceeded with the next item.
The vacant seat that is on the Design Review Board. He stated he had a letter from the DRB
indicating the appointment of James Meehan and recommended their desire to the Town Council
for approval. It was suggested to request that the DRB select an alternate from the present
group of applicants so that if there would be one member who could not attend, that
alternate could respond. The Town Attorney stated that the Ordinance would have to be
amended. It was suggested that the alternate attend the meetings, take part in the discussions
maybe even be paid for his attendance, everything but a final vote.
Larry Kumpost moved approval to support the recommendation of the Design Review Board to
appoint James Meehan, seconded by Sheila Davis and was unanimously carried.
It was requested that a letter be sent to Mr. Meehan informing him of his appointment and a
letter to Chairman Bill Pierce requesting the Board recommend an alternate.
A proposed Resolution No.#82-5, The Eagle County Emergency Service Hospital District, was then
presented to the Council. Mary White and Fred Green were before the Council earlier at the
work shop to discuss this Resolution. They were requesting support of such a service. It
would be primarily ambulance service and does not include the hospital. The district would
cover all of Eagle County with the exception of possible restriction of the area surrounding
Eagle, Gypsum and Burns. The reason, they were not interested in being part of the District.
After discussion A.J. Wells moved approval of Resolution No.#82-5, Series of 1982. The
motion was seconded by Larry Kumpost and was unanimously carried. A copy of the Resolution
will be sent to Mary White and the County Commissioners before their February lst meeting.
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The opening for a Community Developer and Planning Administrator was discussed.
After lengthy discussion is was agreed to screen out the most qualified applicants and to
proceed with the interviewing. It was suggested that some of those applicants could very
well be qualified for the Town Engineer and also the Town Manager positions.
The Financial Matters were next presented to the Council. The heavy equipment for the park
department was discussed. It was suggested that proposals be submitted and then present
them to the Council.
There was some discussion of the billing of Engineering Surveying Technology, Inc.
It was stated that the Wildwood Plat Review billing be billed to the developer.
A.J. Wells moved approval of the general Accounts Payables including the addendum 1 and 2
dated January 26, 1982. The motion was seconded by Sheila Davis and was unanimously carried.
The Town Center Mall Accounts Payables were next presented to the Council. Councilman
Kumpost stated that at the last meeting(January 12, 1982)regarding the Denton, Harper,
Marshall billing, the Council requested to see the break down of all prior billings as to what
was listed as reimburseables and in general what they were and what was listed as part of the
service.
It was requested that the finance director(regarding the reimburseables)to go back and
re-analysis and re-group the items and then report back to the Council.
After discussion A.J. Wells moved approval to add to the general fund accounts payables,
the lst and 3rd item of the center mall payables, $402.50 to Surveying Technology, Inc.
and $170.00 to Chen and Associates and to hold the Denton, Harper, Marshall billings until
further analysis. The motion was seconded by Sheila Davis and was unanimously carried.
A.J. Wells moved approval that the Town reimburse to Peregrine the amount of funds they put
up before the bond issue amounting to $5,495.00 out of the Town center mall fund, seconded
by Larry Kumpost and was unanimously carried.
There was some discussion on the Cash Analysis Sheet.
Councilman Wells reported that Norm Wood, KKBNA and himself met with B&B Excavating to get
a break down of all the invoices in order to get a handle on the billings. They recapped
the billings and told them how much the west parking lot, the south parking lot and the east
parking lot costed, the road access on the northside and the overlay on the southside.
One of the things that resulted was that the west parking lot did not cost $55,000 what was
originally thought, but the cost was $44,000 and the $11,000 over statement would have to
be adjusted in the park fund and also there would be adjustments in the other accounts
payables.
The Council discussed the submitting of disclosure of Conflict of Interest document.
It was noted that A.J. Wells and Allan Nottingham submitted their updated document to the
Town Clerk and was also filed with the Secretary of State.
It was requested that the Town Attorney draft some guidelines to follow in this matter.
It was stated that even the DRB Members as well as the employees of the Town be aware
of the document.
The Council agreed that now that the Town is growing so rapidly and that there are many more
contractors in Town, that the Council should reverse the policy and make it a general policy
that the Town does not use any Council people or DRB Members to do any work in the Town.
Lots#20,21, Block#l was discussed. It was agreed by the Council that the Town Manager pursue
with the contacting of the individual landowners of the lots to see if they would quick'
claim the lots back to the Town. Also to have the Town Manager pursue the bills for Beaver
Creek Drain Service, let Norm Wood review them and if the bills seem reasonable, make sure
that they are paid.
Be it noted that the Council will be interviewing applicants for the vacant Council seat
February 9th, 1982 at 4:30 p.m. in the Council Chambers.
The minutes of the January 12, 1982 meeting were next presented to the Council.
A.J. Wells moved approval of the January 12, 1982 minutes with these corrections, on page 2,
Councilman Wells did not participate in the voting of the Stevens Plat Map and in the
paragraph regarding Ordinance #81-38, change "present" to "lack of". With those corrections
Sheila Davis seconded the motion and was unanimously carried.
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The Council agreed that the Town Engineer should have a policy setting forth some guidelines
on what his duties are in regards to inspections of projects, reviewing plats and the use
of surveyers. The Council felt that there was to much re-reviewing and that the burden should
be put on the developer's Engineers and surveyers.
It was requested that a copy of the minutes of each meeting be given to Dick Evans, Norm Wood
and Lou Acosta.
A.J. Wells moved approval to extend the time for appointing a Town Council Member to fill
the vacancy 30 days from this meeting(January 26, 1982). The motion was seconded by Sheila
Davis and was unanimously carried.
The Council then went into executive session at 12:30 a.m.
At 12:55 a.m. the Council reconvened the meeting.
Chairman Erickson stated that there was a matter that the Council wished to bring up in
respect to a recent employee in regards to an audit.
Sheila Davis moved approval to audit any and all invoices dating back to January 1st, 1981
concerning Beaver Creek Drain Services in regards to any work that was done for the Town
by Beaver Creek Drain to determine if there were any apparent improprieties and this audit
should be done by the Town auditor. The motion was seconded by A.J. Wells and was unanimous-
ly carried.
Larry Kumpost requested that the Town Attorney relay the Councils instructions to the Town
Auditor.
There being no further business Sheila Davis moved to adjourn. A.J. Wells seconded the
motion. The meeting was adjourned by Mayor Pro Tem Steve Erickson at 1:00 a.m.
Respectfully Submitted:
Patricia J. Doyle, To. Clerk
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