TC Minutes 05-08-1979MINUTES OF THE REGULAR MEETING
OF THE COUNCIL MEMBERS
OF THE TOWN OF AVON
HELD MAY 8, 1979
7:30 P.M.
The regular meeting of the Town Council Members of the Town of Avon, Colorado
was held in the Town Office, second floor, Benchmark Center, Avon, Colorado.
The meeting was called to order at 7:40 P.M. by Mayor Angelo V. Alpi. Council
members in attendance were Richard Casserley, William Doyle, Steven Erickson,
Allan Nottingham, Carol Richards and James Wells. Town Attorney, John Bli§h;
Design Review Board Chairman, Hugh Price; as well as, members of the Press
and Public were also in attendance.
Carol Richards moved that the minutes of the April 24, 1979 meeting be approved
as submitted. Seconded by Bill Doyle and so carried.
First items on the agenda were Town Financial Matters. After Council review
of the accounts payable, Jim Wells moved that they be approved; seconded by
Steve Erickson. Other discussion concerned sales tax collection from Bench-
mark Mobile Home Park and the Pester Gas Station, and ad valorem taxes pay-
ment from the County.
Hugh Price next presented Council members with the Preliminary Zoning Ordi-
nance. He asked that the Council review the ordinance carefully for errors,
in correlation with a Design Review Board check for the latest corrections
and additions of information. A collaboration between the Design Review
Board and Town Council to compile results was suggested by Price. This
discussion was tabled at this point by Mayor Alpi. (FURTHER COUNCIL ACTION
IS RECORDED IN THESE MINUTES.)
Under unfinished business, a public hearing on and the second reading of
Ordinance No. 79-10, road cut permits was held. With no objections from
either the Council or Public, Carol Richards moved that Ordinance No. 79-10,
"AN ORDINANCE REGULATING WORK WITHIN THE PUBLIC WAYS OF THE TOWN OF AVON,
COLORADO, ESTABLISHING PERMIT REQUIREMENTS AND FEES; PROVIDING FOR THE ENFORCE-
MENT OF THE ORDINANCE; AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED
THERETO, AND AUTHORIZING CHANGE AND AMENDMENTS THERETO;," be passed. Bill
Doyle seconded and a roll call vote was taken with all Council members voting
yes.
A public hearing on and the second reading of Ordinance No. 79.11, amending
Ordinance No. 79-2, the national life safety code was then held. John Blish
asked that the term "Building Official" in both uses in Section 2, be changed
to "Building Administrator." Carol Richards asked that "Town of" be deleted
• 0
-2-
before "Avon Fire Chief" in the same section. With no further corrections,
Allan Nottingham moved that Ordinance No. 79-11, "AN ORDINANCE AMENDING
ORDINANCE NO. 79-2, SERIES OF 1979, BY MODIFYING THE APPLICABILITY OF THE
NATIONAL LIFE SAFETY CODE AND PROVIDING FOR THE IMPLEMENTATION OF CERTAIN
PROVISIONS OF THE NATIONAL LIFE SAFETY CODE UPON THE ORDER OF CERTAIN DESIG-
NATED TOWN OFFICIALS," be passed as corrected on second reading. Bill
Doyle seconded. A roll call vote was taken with all Council members voting
yes and the motion so carried.
Frank Thompson of Vail Cable T.V. next read a presentation to the Council
members, formally requesting a cable television franchise in the Town of
Avon. Mr. Thompson explained his background in the cable television pro-
fession and offered a proposed service plan for the Town of Avon.
Vail, West Vail and Eagle-Vail cable television franchises were secured by
Mr. Thompson in 1976. Plans are for an "extension service from these systems
to Avon, with 8 stations initially." Microwave transmission, as opposed to
translator signals will be used, with 2 more stations available after the
earth station is in place.
In addition, Mr. Thompson stated that a cable television franchise agree-
ment with the Town of Avon will include: "A Town Franchise Fee of 3% of the
system's basis monthly service charges, payable annually."
Mr. Thompson stressed that he had the "desire, technical know-how, capability,
and financial stability to provide Avon with a first class cable television
system and is in the position to move quickly on the start of construction."
Some of the questions as~'by Council members were as follows:
Jim Wells: What is the cost for construction and financing terms?
Frank Thompson: $18,000 per mile with 5 miles for Avon, financed from
existing funds...
Carol Richards: What will the average rate per month be for condominiums, etc.?
Frank Thompson: Single family residences will be charged a $50.00 installation
fee and $11.00 per month; condo units will be charged $8.95 to $9.90 per month...
Al Alpi: Will the existing cable within the town be used; how many miles will
be built within town property immediately?
Frank Thompson: Unable to answer if existing cable is usable;. Would immediately
put cable in town limits, but nothing north of the highway...
After further discussion, Mayor Alpi thanked Frank Thompson for his presentation
and said that the Council expects to make a decision within one month on the
cable television franchise contract.
Also under new business, Resolution No. 5, concerning transference of lots
by the Benchmark Companies was considered. Mayor Alpi noted that the trans-
ferring of 71 units from lots 9-14, block 3 to lots 73 & 74, block 2 would
9 •
-3-
not increase the number of units in the subdivision.. After discussion, Carol
Richards moved that the Council adopt Resolution No. 5, seconded by Richard
Casserley. A roll call vote was taken with Jim Wells and Allan Nottingham
abstaining and all other Council members voting yes. With a majority vote,
the motion so carried. ( A COPY OF RESOLUTION NO. 5 IS ATTACHED TO THESE
MINUTES.)
The first reading of Ordinance No. 79-12, adopting a zoning code for the
Town of Avon was next on the agenda.
Carol Richards noted that a public hearing will be held in two weeks on May 22,
at a Regular Council Meeting. Prior to this time, copies of the ordinance
will be available in the Town Clerk's office for public review and inspection.
Hugh Price noted that the Design Review Board is planning a work session
Monday, May 14 at 7:30 P.M., which the Council is invited to attend for
purposes of consolidating content of the zoning ordinance.
Concluding discussion, Steve Erickson moved that the Council approve Ordi-
nance No. 79-12, "AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON;
PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING DEFINITIONS AND
REGULATIONS; OUTLINING THE FUNCTION OF THE DESIGN REVIEW BOARD IN RELATION
THERETO; REGULATING AND REQUIRING OFF-STREET PARKING; PROVIDING FOR AMEND-
MENTS TO THE ZONING CODE AND THE DISTRICT MAP; PROVIDING FOR NONCONFORMING
USES AND STRUCTURES; WITH PROVISIONS FOR INTERPRETATION, REVOCATION AND IN-
VALIDITY OF PERMITS; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND SETTING
OUT ADDITIONAL DETAILS IN RELATION THERETO," on first reading. Seconded by
Richard Casserley, with a roll call vote taken and all Council members voting
yes.
Resolution No. 6, a special Municipal Election pertaining to amendments of
the Town Charter of the Town of Avon was considered.
The election is scheduled for July, 10, 1979. John Blish pointed out that
certain charter provisions deserve attention of being considered for amendment.
Prior to the election, the public is invited to review the Town Charter and
make any suggestions for proposed change.
Richard Casserley moved that Resolution No. 6 be adopted, seconded by Steve
Erickson. A roll call vote was taken, with all Council members voting yes.
(A COPY OF RESOLUTION NO. 6 IS ATTACHED TO THESE MINUTES.)
Under mayoral items, Mayor Alpi mentioned that the Town expects to expand
in office and staff. With CETA application for 2 more police officers and
an assistant building administrator, more office space will be needed and
is being sought.
Also in line with Avon's continuted growth, Mayor Alpi explained a proposed
application to the Pubic Utilities Commission for a railroad crossing at
Beaver Creek Boulevard. A letter is also being sent to Mr. R.C. Oatman
of the Denver & Rio Grande Western Railroad Company to seek cooperation and
approval of the application.
-4-
The public railroad crossing at Beaver Creek Boulevard has been deemed critical
by the Town Council and construction of said crossing will hopefully begin
this summer.
Three A-95 Reviews for NWCCOG were presented for Council. Action taken on
the reviews was as follows:
l.) Western Colorado Health Systems Agency--continuation grant application
for full designation FY 79-80...... tabled
2.) Energy Conservation Grants Program....... read for information and update
3.) Water Quality Environmental Education Conference & Workshops signed as
favorable and approved by the Town Council
With no other business, the meeting was adjourned at 9:50 P.M. on motion
by Steve Erickson and seconded by Richard Casserley.
•
•
RESOLUTION NO. 79-5
SERIES OF 1979
TOWN OF AVON
WHEREFORE, IT IS HEREBY RESOLVED by the Town Council
of the Town of Avon, Colorado, that:
The Plan of Benchmark Companies to
transfer the 71 units as proposed,
of lots 9 through 14, Block 3 to
to Lots 73 & 74, Block 2, be approved.
INTRODUCED, READ AND ADOPTED THIS DAY OF
1979.
TOWN OF AVON
ATTEST:
Tonie Koonce
Town Clerk
R 1
Angelo V. Alpi, ayor
RESOLUTION NO. 79-6
TOWN OF AVON
WHEREFORE, IT IS HEREBY RESOLVED by the Town Council of the
Town of Avon, Colorado, that:
A Special Municipal Election shall be
held on Tuesday, July 10, 1979, for the
purpose of submitting to the electorate
referendum questions pertaining to the
amendments of the Charter for the Town
of Avon, Colorado. The Special Munici-
pal Election shall be held in accordance
with the rules and procedures of the Colo-
rado Municipal Election Code of 1965, as
amended, and the Charter for the Town of
Avon, Colorado.
INTRODUCED, READ AND ADOPTED THIS h DAY OF MAY , 1979.
TOWN OF AVON
Angelo V. Alpi, g a or
ATTEST:
Tonie Koonce
Town Clerk