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TC Minutes 05-22-1984• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MAY 22, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon 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 7:46 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Public Works Norm Wood, Building Administrator Dan Fogland, Superintendent of Public Works Dan Sunday as well as members of the press and public. The Mayor called for Citizen Input. Richard Dixon, resident, was inquiring about Tract P. He stated that he was inquiring whether or not the Town itself had made a proposal to purchase that parcel for something such as a swimming pool. The Mayor stated that the Town of Avon was attempting to acquire part of the parcel for recreational facilities. There being no further business under Citizen Input the Mayor closed the discussion. First reading of Ordinance No.#84-5, Series of 1984, AN ORDINANCE AMENDING CHAPTER 8.24 OF THE TOWN CODE OF THE TOWN OF AVON AS IT PERTAINS TO AREAS PROHIBITED TO DOGS AND AS IT PERTAINS TO DOG WASTE. The Town Attorney reviewed the ordinance with the Council. Discussion followed. Richard Dixon, resident, had concern of the dead animals up in Buck Creek and asked what that could do to the drinking water. He felt that the dog stations that were proposed for the park was a good idea. Lyle Carmony, resident, approached the Council. He felt that Dog Control Officers should have the authority to go onto private property to pick up dogs. He suggested that Avon should draft a form that private property owners could sign allowing Dog Control Officers to enter onto their property to pick up stray dogs. Councilmember Watkins agreed with the suggestion of drafting a form. The Mayor stated that the Town would attempt to try the new method for now, but if that failed the Town would take different steps to try to control the problem. Councilman Wells suggested amending two paragraphs of the ordinance. Section 8.24.051 the first indented paragraph, change to read, "That area enclosed by the outside paved edge of the innermost bike path immediately surrounding Nottingham Lake. The next paragraph change to read, "That area within twenty feet (20) of either side of the uncovered portion of Buck Creek and the uncovered portion of Metcalf Ditch". - 1 - Discussion follow. • The Mayor entertained a motion from Council to vote on the amendf.-.ents to the ordinance as amended by A.J. Wells. Steve Miller so moved. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Al Connell, Don Buick and Steve Miller. Those Councilmembers voting nay were: Clint Watkins, Sheila Davis and A.J. Wells. Discussion followed. A.J. Wells changed his vote because he felt that the word "outside" should be changed to "inside" in the first paragraph. He felt the park was there for the enjoyment of the residents and felt that the ordinance should be enforced. Councilman Miller felt that the stronger the ordinance was made and the stronger the enforcement, the closer it would become to solving the problem. He stated it should remain as stated originally in the motion. Councilwoman Davis disagreed and felt that the Council could make any amount of stringent laws but when they're not enforced it does not do a bit of good. Councilman Connell stated he was changing his vote and felt that the ordinance had to be enforced. He stated that the residents should be able to jog in the park with their dog. The amended motion was defeated. A.J. Wells moved to amend the ordinance by inserting the words, "inside paved edge of the" and "the uncovered portion of". The motion was seconded by Clint Watkins. Further discussion followed. Councilman Buick stated that he supported Steve Miller's statement that enforcement was the key. The amended motion was carried with Steve Miller opposing. The Mayor then entertained a motion for Ordinance No.#84-5 as amended. Al Connell moved approval of Ordinance No.#84-5 on first reading as amended. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Al Connell, Sheila Davis, Steve Miller, Clint Watkins, A.J. Wells and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of ordinance No.#84-6, Series of 1984, AN ORDINANCE CONCERNED WITH PROHIBITING UNLAWFUL CONDUCT ON PUBLIC PROPERTY, AUTHORIZING THE TOWN MANAGER TO ESTABLISH ORDERS, RULES AND REGULATIONS FOR THE MANAGEMENT THEREOF, AND ESTABLISHING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE. The Town Manager stated that he had staff come up with some rules and regulations for the park that would be approved by the Council and which are addressed in this ordinance. He stated that this ordinance would also establish violation and penalty for such rules and regulations. He stated that one item that would be discussed with the Town Attorney would be the possession and consumption of fermented malt and alcoholic beverages in the park. The Town Attorney stated that the Town did not have any ordinance in regard to consumption of intoxicating liquor in public, but in the state statutes it provides that alcholic beverages cannot be consumed in any public place unless that place is licensed. The ordinance was discussed at length. Don Buick moved to table Ordinance No.#84-6, Series of 1984 for further _-2 - Don Buick moved to table Ordinance No.#84-6, •ries of 1984 for further review and revisions. The motion was seconded by Al Connell and was unanimously carried. Resolution No.#84-19 was next presented to the Council, A RESOLUTION GRANTING A DENSITY TRANSFER OF 2 UNITS FROM LOT #1, BLOCK #3, WILDRIDGE SUBDIVISION TO LOT #56, BLOCK #2, WILDRIDGE SUBDIVISION. Be it noted that Allan Nottingham and A.J. Wells stepped down because of conflict of interest. The Mayor Pro-Tem then proceeded. Norm Wood stated that the Planning and Zoning Commission had hold a public hearing on this transfer, that all the requirements were met and that the resolution was approved subject to; Planning and Zoning commission of an acceptable site plan for 2 duplexes on Lot #56; that a conditional condition that Lot #1 be rezoned as open space; that Lot #1 be deeded to the Town as open space. Mark Donaldson representing the application for the density transfer approached the Council. He stated that they were transferring units from Lot #1 to Lot #56 to build two separate duplexes on the property. The owners of the properties were Wildridge Development Company. Coyote Construction was attempting to purchase the property. He stated at the time of purchase, Lot #1 would actually be transfered directly to the Town so it would never pass through the hands of Coyote Construction and that way there would be no questions of building rights. Clint Watkins asked if it would be a problem of requesting to put a time limit on the approval anu acceptance of the site plan, that the site plan be approved in a certain amount of time. Mr. Donaldson stated he did not see any purpose of putting a time limit on the site plan after approval. Discussion followed. Councilman Buick stated he felt the time limitation was immaterial. Al Connell moved approval of Resolution No.#84-19, Series of 1984. The motion was seconded by Don Buick and was carried with Allan Nottingham and A.J. Wells abstaining. Resolution No.#84-20, Series of 1984 was next presented to the Council. The Mayor Pro-Tem read the title, DEDICATION OF PUBLIC UTILITY EASEMENTS, IN TRACT N, BLOCK 5, WILDRIDGE AND TRACT K AND TRACT J, WILDWOOD, TOWN OF AVON, COLORADO. Be it noted that Allan Nottingham and A.J. Wells stepped down because of conflict of interest. Norm Wood stated that the purpose of the resolution was to dedicate additional utility easements in a portion of Wildridge and a portion of Wildwood. He stated that when the final design was completed they found there were some slight revisions for location of easements. He stated that they were not vacating easements, but adding new ones. He stated that he had reviewed the resolution and dedications and found some suggested changes, those changes have been corrected. Sandy Davies, representing Wildridge, Wildwood and Section 36. She stated the reason for the request was for the sewer service line to work more effectively. Mrs. Davies then presented the Council with maps outlining the utility easements. - 3 - Don Buick moved approval of Resolution No.#80 4-20. The motion was seconded by Al Connell and was carried with Allan Nottingham and A.J. Wells abstaining. The Mayor then resumed his seat on the podium. The appointments of two Planning and Zoning Commission Members were next on the agenda. The applicants being: Cheryl Dingwell, Mark Donaldson, Larry Kumpost, Jeff Maddox and Ed Everett. The Mayor stated that the Council would appoint one member to fill the vacancy created by Clint Watkins and the other vacancy created by Jim Meehan. It was stated that every Councilmember would have two votes and would be done by roll call. Councilwoman Davis stated that all the candidates were very well qualified to fill the vacancies. Councilman Connell stated that any of the candidates not selected that evening would be considered on July 10th to fill the other two seats. Councilman Wells suggested that the applicant not present, that he should be eliminated from the list. The Council did not agree. A roll call was then taken with Sheila Davis voting M. Donaldson and L. Kumpost; Steven Miller voting C. Dingwell and M. Donaldson; Allan Nottingham voting L. Kumpost and M. Donaldson; Clint Watkins voting J. Maddox and M. Donaldson; A.J Wells voting L. Kumpost and M. Donaldson; Don Buick voting L. Kumpost and M. Donaldson; Al Connell voting J. Maddox and M. Donaldson. The Mayor stated that the applicants not selected would have their letters placed in the file and would be considered on July 10th for the other two vacancies. Sheila Davis moved to appoint Mark Donaldson and Larry Kumpost to the Planning and Zoning Commission for two-year terms ending May of 1986. the motion was seconded by A.J. Wells and was unanimously carried. The Town Attorney reported on Lots #20,21. He stated that he Town had received a check from District Court paying its share of proceeds of the sale of Lots #20,21. The check being in the amount of $10,072.62. Sheila Davis moved that the Town pay the approximate difference $117 to those persons who quit-claimed their portion of Lots #20,21 to the Town.,-,The balance of the monies, if not claimed, would go back to the Town ofr expenses incurred with the sale of Lots #20,21. The motion was seconded by Al Connell and was unanimously carried. The Town Manager reported on the Avon Open Golf Tournament which was scheduled for August 12, 1984 at Beaver Creek. The entry fees of $40.00 would be paid to the Town of Avon and one check would then be made to Beaver Creek. An additional 57.50/person would have to be generated by the Town through donations by the Town or reduction in expenses. Mr. James reviewed the schedule of events with the Council. Councilman Miller stated that Eagle-Vail's green fees and cart were substantially less. He felt that $30 per player was too high. At that point Sheila Davis moved to appoint Steve Miller to the committee of the Avon Open Golf Tournament. The motion was seconded by Don Buick and was unanimously carried. - 4 - Sheila Davis movepto authorize up to Open Golf Tournament. The motion was unanimously carried. Councilman Connell requested that the of the items for the tournament. It breakfast meeting next Wednesday May Hole in the Wall Restaurant. • $600 to be spent for the Avon seconded by Steve Miller and was Committee meet to go over was decided to schedule a 30, 1984, at 8:00 a.m. at some the Mr. James reported on the Jerry Ford Invitational Golf Tournament. He stated there was a tentative meeting scheduled with Bob Barrett to discuss the Golf Tournament and some of the ideas he has for Avon getting involved. No action was taken. The Town Manager reported on the rules and regulations of Nottingham Park. He suggested that since Ordinance No.#84-6 was tabled regarding the rules and regulations of the Park that the park rules and regulations also be discussed at a later date. Councilman Watkins stated he would like staff to look into the possibilities of wind surfing on the lake. Don Buick stated he would support both wind surfing and kayacking on the Lake. After discussion it was requested that staff receive a report from Upper Eagle Valley Sanitation District (Duane Davis) to see what his thoughts were on the additional recreational acitivities. Sheila Davis moved to authorize the Town Attorney to draft and review the suggested amendments to Chapter 2.12 of the Municipal Code as it pertains to the Police Department. The motion was seconded by A.J. Wells and was unanimously carried. (See memorandum dated May 17, 1984 from Bill James). The Town Manager reported on the bus purchase. He stated after the meeting with representatives of the Orion Bus Company, the Town of Avon was proposing one 30 foot Orion Bus and Beaver Creek was proposing two 35 foot Orion buses. After discussion Don Buick moved to authorize the purchase of one 30 foot Transit Model in the amount of $116,000 for the Town of Avon and two 35 foot Transit Models for Beaver Creek in the amount of $125,800 with the stipulation that in the event of a default by Beaver Creek Transit that the financial institution holds the Town of Avon harmless and that the Town of Avon enter into a lease agreement with Beaver Creek Transit that will pay the debt service on the leases. The motion was seconded by Al Connell and was unanimously carried. The Council recessed at 9:44 p.m. and reconvened at 10:00 p.m. - 5 - • • The Town Manager reported on the Nurse's space. He stated that Brad Jones had some concerns in regard to the construction of the offices for the County Nurse. The concerns being; 1) could the contract be extended from three years to five years; 2) Mr. Jones would like to see some monies returned to the County if the contract was cancelled prior to the five year lease and 3) he would like to see a hold harmless clause in the agreement during the construction period. Councilman Watkins stated that he was not in favor of housing the County Nurse in the Municipal Building. He felt that the Town does not have enough space for its employees now. Sheila Davis moved to authorize the Town Attorney to amend the agreement with the three contingencies; 1) Renewable terms for an additional two years; 2) Allow for a straight credit of $2,994.80 per year if the contract is cancelled prior to five year lease; 3) Add a hold harmless clause for the construction period. The motion was seconded by Steve Miller and was carried with Clint Watkins opposing. The Town Manager reported on the Transfer of Development Rights (TDR'S). A joint meeting was scheduled for June 7th at 6:30 p.m. with the Council and the Planning and Zoning Commission to review the TDR'S drafted legislation and where it stands at this point. This draft would be submitted by Jim Lamont. The Town Manager reported on the Election Procedures that were discussed earlier in the Council work session. He stated that it was agreed that the election date should be changed from May to November to possibly encourage more people to vote. He stated it would take an amendment of the Charter and possibly put this up to the residents at the November Election. If amended, it would allow all the Councilmembers terms to be extended six months. Sheila Davis moved to authorize the Town Manager to draft an Ordinance proposing to amend the Charter concerning the date of the Municipal Elections and that the date of the elections coincide with the General Elections that are held in November. The motion was seconded by Clint Watkins and was unanimously carried. It was agreed that an Avon Registered Voters List would be kept. It was decided by the Council and the Town Attorney that Wards and Districts for Avon would be too pre-mature at this time. Councilman Miller reported on the clean-up day. He felt it was a great success and hoped that it would be an annual event for the Vail Valley. - 6 - 0 The Mayor reminded the Council about the CML Conference. A.J. Wells felt that Avon should be represented at the World Forum that was scheduled for June 22nd and moved that Council buy a corporate table. The motion was seconded by Don Buick and was unanimously carried. The Mayor requested that a resolution be drafted in regard to appreciation of the outgoing Planning and Zoning Commission Members, Clint Watkins and Jim Meehan. Al Connell so moved. The motion was seconded by Steve Miller and was carried with Clint Watkins abstaining. The reading and approval of the minutes of the meeting was next presented to the Council. Don Buick moved to dispense with the reading of 15th and that they be approved. The motion was and was unanimously carried. May 15th Council the minutes of May seconded by Al Connell Lyle Carmony approached the Council. He stated that he was concerned with the curve at West Beaver Creek Boulevard. He felt that a guardrail should be installed for safety reasons. No action was taken. A.J. Wells stated that in regard to the Haselden/Langely's letter that apparently the architect shut the job down, but it should have been the owner and/or the building department to take that action. After discussion it was agreed to write a letter to Haselden/Langely and inform them as to how the Town would handle the matter (See letter from Haselden/Langely, Inc., dated May 22, 1984). A.J. Wells stated that if Boyle Engineering were ever to be considered to do anymore Town projects, he would fight it. He felt that they are incompetent and would stand behind that statement. - 7 - 0 0 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 10:30 p.m. Re By - 8 -