TC Minutes 02-14-1984• MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
FEBRUARY 14, 1984 - 7:30 P.M.
The 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 Allan Nottingham at 7:40 p.m.
A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage,
A.J. Wells, Al Connell and Don Buick present. Also present were: Town
Attorney John Dunn, Acting Town Manager Bill James, Planning Director
Jim Lamont, Director of Public Works Norm Wood, Building Administrator
Dick Evans, Superintendent of Public Works Dan Sunday as well as
members of the press and public.
The Mayor called for Citizen Input.
Councilman Connell stated he would like to propose and organize a Town
of Avon Golf Tournament. Mr. Connell suggested possibly to have the
tournament in cooperation with Beaver Creek. It was suggested that
this matter be discussed with the Vail Foundation.
Second reading of Ordinance No.#83-42, Series of 1983, AN ORDINANCE
AMENDING ORDINANCE N0.#83-33, SERIES OF 1983, TO ADD TO THE SCHEDULE
OF RATES CHARGED BY HERITAGE CABLE TV.
The Mayor opened the meeting for public hearing. Mr. James stated that
Heritage Cable requested that this ordinance be tabled once again since
there was no one from the Cable Company present.
There being no further discussion the Mayor closed the public hearing.
Don Buick moved to table Ordinance No.#83-42. The motion was seconded
by Al Connell and was unanimously carried.
Change Order No.#2 for the Log Cabin Rehabilitation was next presented
to the Council. Norm Wood, Director of Public Works, approached the
Council. He stated that the Change Order was the final adjustment
with Norland Contractors for work on the Log Cabin. This Change Order
included furnishing labor and materials for the installation of all
the interior trim and the construction of a temporary wood porch at
the north door of the cabin. The Change Order also included the
installation, by Norland Contractors, of the following materials
provided by the Town; a) wall and ceiling insulation; b) interior
doors and door hardware; c) base and wall cabinet and counter top; d)
wood burning stove and stove pipe. The Change Order is in the amount
of $3,042.50, which would bring the total contract amount to Norland
Contractors to $33,829.50. Mr. Wood recommended that the Change Order
be approved.
A.J. Wells moved approval of Change Order No.#2 for the Log Cabin.
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The motion was seconded by Larry Kumpost and was unanimously carried.
Resolution No.#84-5, Series of 1984, RESOLUTION TO ADOPT FAVORING
ELIMINATION OF CERTIAN PRIVATE LAND USE RESTRICTIONS.
Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells
stepped down because of conflict of interest.
The Mayor Pro-Tem then proceeded.
This resolution would eliminate the private use restrictions from the
land in the original Benchmark at Beaver Creek Subdivision. The Town
has no authority or jurisdiction in eliminating the uses, but
basically in a public statement is stating that the Town does support
the landowners who are backing this request.
There being no further discussion Larry Kumpost moved approval of
Resolution No.#84-5, Series of 1984. The motion was seconded by Al
Connell and was carried with Allan Nottingham and A.J. Wells
abstaining.
Next on the agenda was a Special Review Use for Avon Metropolitan
District Subdivision for construciton of a potable water tank, Tract
K, Block #1, Wildwood Subdivision.
The Mayor Pro-Tem stated that this matter was before the Planning and
Zoning Commission and was approved.
Al Connell moved approval of the Special Review Use for construction
of a potable water tank, Tract K, Block #1, Wildwood Subdivision.
The motion was seconded by Don Buick and was carried with Allan
Nottingham and A.J. Wells abstaining. Council requested that all
future Special Review Use requests be in resolution form.
The Mayor then resumed his seat.
Mr. Rick Larson of PPL Development Corporation (Peregrine Properties,
Lot #63, Block #2, Benchmark Subdivision) approached the Council.
Councilman Greg Gage stepped down because of conflict of interest.
Mr. Larson was requesting vacation of an easement for their property.
He stated that their attorneys advised that an Ordinance would be the
best instrument to bring before the Council. Mr. Larson then
presented the Council with a copy of the Ordinance. Mr. Larson stated
that there were written letters from all the utility companies.
Mr. James stated that there were three conditions placed on approving
the vacation of an easement by the Planning and Zoning Commission and
asked Mr. Larson if those conditions would be met before final passage
of the Ordinance.
Mr. Larson agreed that they would. Those conditions were: 1) staff
acceptance of ingress-egress legal agreement between Lots #63 and #61;
2) acceptable treatment of height of wall on east property line to
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reduce height as much as possible; 3) vacation of existing utility
and drainage easement. After discussion Sheila Davis moved approval
of Ordinance No.#84-1, Series of 1984 AN ORDINANCE OF THE TOWN OF
AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY
EASEMENT IN LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION,
for first reading. The motion was seconded by Larry Kumpost. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. Greg Gage
abstained. The motion carried.
Resolution No.#84-6, A RESOLUTIO14 IN APPRECIATION OF THE MOUNTAIN MAN
TRIATHLON PARTICIPANTS.
The Mayor stated that this resolution would be mailed out to all the
participants with their name entered into the resolution.
Al Connell moved approval of Resolution No.#84-6, Series of 1984. The
motion was seconded by Larry Kumpost and was unanimously carried.
Resolution No.#84-7, A RESOLUTION IN APPRECIATION OF THE MOUNTAIN MAN
TRIATHLON OF OTHER VARIOUS ORGANIZATION PARTICIPANTS. This resolution
would be mailed out to all the organization participants with their
name entered into the resolution.
Don Buick moved approval of Resolution No.#84-7, Series of 1984. The
motion was seconded by Larry Kumpost and was unanimously carried.
The Town Attorney reported on the matter of Counsel for the Personnel
Merit Commission. He requested a motion approving the appointment of
Larry Rider as Counsel to the Personnel Merit Commission. A.J. Wells
so moved. The motion was seconded by Sheila Davis. There being no
further discussion the motion was unanimously carried.
A.J. Wells moved to authorize the recording of proceedings before the
Personnel Merit Commission transcription by a Court Recorder and
further to authorize the subpoena of witnesses as may be necessary.
The motion was seconded by Larry Kumpost and was unanimously carried.
The Mayor stated that in regard to an appointment of an alternate for
the Personnel Merit Commission, the Charter does not allow it. It was
discussed earlier in the Council work session that the attorney would
prepare an Ordinance amending the Charter subject to approval of the
majority of the electors.
The Acting Town Manager reported on the meeting of February 1, 1984,
between the County Commissioners and some of the members of the Town
Council. The first item discussed was the proposed office space in
the Town Hall for the County Nurse. The term of lease would be two to
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three years, the County would pay for leasehold improvements, the
lease amount would be based upon the cost of debt service per square
foot plus utilities.
Cost per square foot for the debt servic is $12.60. Utilities would
be $2.00 per square foot, the total coming to $14.60 per square foot.
If 400 square feet are used it would be $5,840 for the year.
Mr. James recommended that Council authorize the Town Attorney
to draft a lease Agreement for providing office space to the County
Nurse and to present the Agreement at the next regular meeting.
A.J. Wells so moved. The motion was seconded by Don Buick and was
unanimously carried.
The Second item discussed was Animal Control. The possiblity was
discussed to permit Avon to license dogs for the county. The Animal
Shelter was discussed. The County is considering moving and improving
the animal shelter into the Dowd Junction area and that Avon suggested
a best efforts clause in an Agreement to participate in the construction
and/or renovation of an Animal Shelter.
After discussion Mr. James recommended that Council authorize the Town
Attorney to prepare an Intergovernmental Agreement for Animal Control
between the Town and the County. The council agreed.
Other items discussed were; the Lift, it was the consensus that this
matter be left in the hands of the Transportation Committee.
Forest Service Land Trades; some of the uses for some of the land
would be, public works facility, cemetery, church, etc. Eagle/Vail;
the County discussed the conserns about the density of roads in
Eagle/Vail and problems with snow removal and maintenance. There was
discussion of Avon contracting with the County to provide these
services and the feasibility of annexing Eagle/Vail into Avon in the
future.
Law Enforcement/Sheriff's Department was discussed: a) mutual aid;
Avon expressed an interest in the County providing some assistance, if
needed; Sheriff's Annex in Avon, possibly using the Avon Police
Department as an annex for this area; Contract for Police Protection
with the Sheriff's Office, possibly Avon would be interested in the
County providing complete Law Enforcement services; Tract P was
discussed; the current status of the land had not changed since their
last meeting with the School District. It was agreed that joint
meetings such as these between the Town and the County be scheduled at
least twice a year.
Jim Lamont approached the Council. He stated that Council had received
a copy of the procedures that were being proposed for the Sign Code
and that the Council would receive later in the week the design
criteria and size standards. He stated that the Planning and Zoning
Commission authorized him to approve a sign for the Roadcal properties
subject to a re-design. He stated the sign was submitted which had the
wording "Real Estate". Mr. Lamont stated that he rejected the sign
because it placed it in the catagory of a Real Estate Sign.
Mr. Lamont reported on the affordable housing committee. He stated he
had given the Council two questionaires for review and input and that
these would be discussed at the next work session of the Council.
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Discussion followed.
The financial matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #14. The motion was
seconded by Don Buick and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable for
February 14, 1984. The motion was seconded by Larry Kumpost and was
unanimously carried.
Don Buick moved approval of the Mall Maintenance Fund,
Marketing/Promotions Fund, Transit Fund, Mall Construction Fund, Lift
Fund, Capital Projects Fund Accounts Payable for February 14, 1984.
The motion was seconded by A.J. Wells and was unanimously carried.
A.J. Wells moved approval of the Reconciliation Sheet of Accounts
Payable for February 14, 1984. The motion was seconded by Al Connell
and was unanimously carried.
The minutes of the January 24th and the Special Meeting of January 31,
1984 Council Meetings were next presented to the Council.
Don Buick moved approval of the January 24th minutes with these
corrections, page 2, 10th line change "form" to "forum", page 2, 18th
line add, "which was mentioned but not discussed any further". With
those corrections Al Connell seconded the motion and was unanimously
carried. Larry Kumpost moved approval of the January 31st Special
Meeting minutes. The motion was seconded by Greg Gage and was
unanimously carried.
Don Buick stated that he would draft a response letter to the letter
of complaint that was received from Gloria Patton, Dick and Betty
Chesley and Mike and Sue Denner.
There being no further business to come before the Council Al Connell
moved to adjourn. The motion was seconded by Don Buick. The meeting
was adjourned by Mayor Allan Nottingham at 9:05 p.m.
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-R6sp65tfully Submi ed"e
Patricia J. D e,TTown ~erk
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