TC Minutes 01-12-1988C
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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.
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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.
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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.
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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.
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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.
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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
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PcItricia J. D¢Vle, gown/'Cler
APPROVED: