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TC Minutes 01-12-1988C E MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JANUARY 12, 1988 - 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 7:41 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm' Wood, Director of Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Director of Public Safety Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Elaine Jaquith stated that she had done some research and made some contacts with various wildlife entities throughout the United States on the history of Richardson's Ground Squirrels. She reviewed the information with the Council. She stated the reason for the research was due to her suggestions that did not appear in the ordinance. She described the activities of the Richardson's Ground Squirrels. She believed that there was an alternative to this situation, rather than exterminating these animals. She was concerned of how the ordinance had been changed since her last meeting with the Town Manager. Discussion followed. At that point, Councilman Miller asked for point of order. He stated that the Council had Given her numerous hours of staff time to draft an ordinance to identify what the Council felt was a legitimate problem. He stated that the information that she applied to the Council had nothing to do with any employees of the Town of Avon in regard to the stomping of small birds. Councilman Miller suggested that she allow the Council to identify some of her concerns in a manner that they have taken to this point. Ms. Jaquith stated that it was the poisoning of the pigeons that brought this issue to the Council, not the stomping of small birds. She requested that the Council table the ordinance until there could be agreeable wording to the ordinance. Also she requested that the resolution be tabled until the issue could be resolved. Councilman Davis moved to limit Citizen Input discussions to five minutes. The motion was seconded by Councilman Connell. Councilman Miller stated that it was the job of the Mayor to identify when those citizen input discussions be limited or ceased. 0 • Councilman Watkins stated that there should not be any set limit for those discussions. Councilman Davis stated that there were other opportunities during the course of the meetings to converse. The Mayor called for a vote on the motion. Those Councilmembers in favor of the five minute limitation were Jerry Davis, Al Connell and Gloria McRory. Those Councilmembers opposing the motion were Emilie Harrison, Steve Miller and Clint Watkins. Being there was a tie vote, the mayor voted in favor of limiting citizen input to five minutes. First reading of Ordinance No. 88-1, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES The Town Manager stated that he had met with Elaine Jaquith in regard to drafting this ordinance. He stated that Eric Edeen, Eagle County Environmental Health Officer, had called him, and told him that he had talked to Ms. Jaquith. Mr. Edeen stated that in certain areas, as far as the Town of Avon was concerned, the population of Richardson's Ground Squirrels were over populated, and that they had found some fleas that tested positive for the Plague, not in Avon, but in the surrounding areas. Mr. James felt that there was a general agreerr_ent that there should be some type of control of the amount of Richardson's Ground Squirrels that exist in the area. Mr. James then reviewed the ordinance with the Council. They discussed the type of treatment that has been used. After some discussion, Councilman Connell moved approval of Ordinance No. 88-1, Series of 1988 on first reading. The motion was seconded by Councilman Miller. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria Mcrory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 88-1, Series of 1988, A RESOLUTION SETTING FORTH THE TOWN COUNCIL OF THE TOWN OF AVON'S POLICY REGARDING PROTECTION OF AND CONTROL OF CERTAIN ANIMALS AND WILDLIFE Mr. James stated that the resolution was in response to the discussion in regard to the wildlife in the area. He stated it was a statement of policy matters and the Council's concern of wildlife, and its continued support of wildlife in the area. -2- 0 • After discussion, Councilman Watkins moved to table Resolution No. 88-1, Series of 1988, so that it could be considered the same time as Ordinance No. 88-1, which will be heard on January 26, 1988. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 88-2, Series of 1988, A RESOLUTION APPROVING A PRELIMINARY/FINAL PLAT OF THE MOUNTAIN CENTER, CONDOMINIUM BUILDING, A RESUBDIVISION OF MOUNTAIN CENTER, A RESUBDIVISION OF LOTS 26 AND 27, BLOCK 1, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK Norm Wood stated that Vail Building Arts Associates submitted preliminary/final plat for a Condominiumization of the Mountain Center Building, located on lots 26 and 27, Block 1, Benchmark at Beaver Creek. He stated that it was a commercial project, but was also a condominium plat. He stated that staff had reviewed the plat and found it to be in general conformance with the Town of Avon's Subdivision Regulations. Mr. Wood recommended approval of Resolution No. 88-2, Series of 1988. Mr. Wood stated that this was a public hearing. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Councilman Miller moved approval of Resolution No. 88-2, Series of 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Resolution No. 88-3, Series of 1988, A RESOLUTION IN APPRECIATION OF ARRANGING FOR THE TOWN OF AVON TO BE PRIVILGED TO HAVE THE SCULPTURE"THE WINDFALL FISHERMAN"DISPLAYED IN THE TOWN OF AVON The Town Clerk stated that at the last meeting, the Council had requested that a resolution be drafted in appreciation of the "Windfall Fisherman"sculpture that had been placed on display in the Town of Avon, and to thank the City of Juneau, State of Alaska, and the Artist, R.T. Skip Wallen. Councilman Watkins moved approval of Resolution No. 88-3, Series of 1988. The motion was seconded by Councilman Miller and was unanimously carried. The next item was the discussion on the Colorado Association of Ski Towns(CAST)dues. The Town Manager recommended that the 1988 budget be amended by $1,125, and that the Council pay the dues to CAST for 1988. -3- • 0 Councilman Connell so moved. The motion was seconded by Councilman Davis. After some discussion, the motion carried by a 4 to 3 vote with the Mayor breaking the tie vote in favor of paying the CAST dues for 1988. The next item was the proposed Agreement in regard to the dedication of a portion of Tract P for a softball field. The Town Manager stated that Mr. Wells had agreed to dedicate a portion of. Tract P for a softball field. After discussion, Councilman Davis suggested that the Council asked and request that Mr. Wells dedicate all of Tract P to the community. After further discussion, Councilwoman McRory moved to authorize the staff and the Town Attorney to finalize the Agreement. The motion was seconded by Councilman Connell and was carried with Councilman Davis opposing. The Town Attorney report was next presented to the Council. Mr. Dunn stated that the sale of Peregrine was very close to closing. He stated that in regard to Magnet Bank's Case, he would have a Motion for Summary Judgement filed next week. He would send it to the Defense Attorney who was representing PPL, and if they do not confess to the Motion, he would then go for attorney's fees. The Christie Lodge Case was set for a hearing on a Preliminary Injunction to require collection of taxes. This hearing would take place either the 22nd or the 23rd of March, 1988. He stated that would give them time to prepare for a good presentation to the Court. The next item was the update report on the TV Translators. Councilman Connell moved to receive and to adopt an Intergovernmental Agreement for a TV Translator System between Avon and various other groups that may be involved. The motion was seconded by Councilman Miller and was unanimously carried. The Financial Matters were next presented to the Council. Councilman Watkins moved to ratify the General Fund of Accounts Payables for December 31, 1987. The motion was seconded by Council- woman Harrison and was unanimously carried. -4- 0 • Councilwoman Harrison moved to receive items #1 through #8 for January 12, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payables for January 12, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payables for January 12, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the December 8, 1987 Council Meeting were next presented to the Council. Councilman Miller moved approval of the December 8, 1987 Council Meeting Minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Davis discussed some concerns and problems in respect to the bus service. The Town Manager stated that he would look into the matter and try and get it resolved. Councilman Watkins stated that he was not in favor of the dress code in respect to the department heads wearing ties. The Mayor stated that it should be up to the staff, as far as, the dress code stands. Councilman Miller stated that he had attended the VRA Luncheon, and Bob Knous, President of the Foundation,was the speaker. He stated that Mr. Knous had shown a seven minute video in regard to the World Championships, and suggested that the Council also review that video. because of it being so good. He stated that also there was a Company out of Denver that has printed posters of the Logo for the 1989 World Cup Championships, and he had invited this gentlemen to the next council meeting. -5- 0 • There being no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilwoman Harrison. The meeting was adjourned by Mayor Nottingham at 8:45 p.m. RESPECTFULLY SUBMITT -6- PcItricia J. D¢Vle, gown/'Cler APPROVED: