TC Minutes 06-26-197907NUTES OF THE REGULAR MEETING
OF THE TOWN COUNCILMEMBERS
OF THE TOWN OF AVON, COLORADO
HELD JUNE 26, 1979
The regular meeting of the Town Councilmembers 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 7:45 P.M. by Mayor Angelo Alpi. A roll call was
taken with all Councilmembers in attendance except Bill Doyle. Also present were
Town Attorney John Blish, Pacific Heritage Representatives Bob George and Larry
Kumpost, Benchmark Chairman Ron Allred, Benchmark Attorney George Rosenberg,
Claycomb Engineers Bryan Duff and Keith Powers, Avon Fire Chief Jay Hosburgh,
and Avon Town Judge Clint Watkins.
The minutes of June 12 and June 14 were presented to the Council. After review,
Steve Erickson moved that the minutes be approved as submitted; Jim Wells seconded
the motion and it unanimously carried.
Bi-monthly financial reports were presented to the Council. After discussion of all
the reports, Jim Wells moved that the accounts payable be approved subject to
checking on prior payment of the Police Department light bar and siren. Carol
Richards seconded the motion and it was unanimously carried.
Stan Bernstein presented the Council with a proposal, in which he offered com-
prehensive financial planning services on a consulting basis. Bernstein's proposal
further stated he would develop a five-year financial model for the Town during
a period of 200-25n hours, at the cost of $40.00 per hour.
After discussion, Jim Wells moved for the Council to "authorize study of the
next five years, dealing primarily with Town financial planning which indirectly
relates to a lot of other needs; and that the next three years be emphasized
in that study; and that the Council also authorize an expenditure of 200-250
hours at $40.00 per hour; and that the study commence immediately and the bills
be paid as they are incurred." Steve Erickson seconded the motion and it was
unanimously carried.
David Ream, of White & Sons Construction Company approached the Council for permission
to establish a temporary trailer park on Town property. He asked to locate ten
trailers at the Upper Eagle Valley Sanitation District site for two years.
Jim Wells, who is a member of the Upper Eagle Valley Sanitation District Board,
replied as a point. of reference that he was not aware of permisssion given for
such a permit. He further advised Ream to secure permission first and approach
both, the Board and the Council with a proposed layout plan second. The matter
was then tabled by the Council. Ream later indicated he would attempt to secure
housing within Avon, other than the establishment of a temporary trailer court.
Ordinance No. 79-14 was then tabled after a lengthy discussion by the Council.
Said Ordinance was rescheduled for Tuesday, July 10 --first reading.
Ordinance No. 79-15, Concerning Fire Safety was discussed by the Council. After
discussion, Jim Wells moved that Ordinance No. 79-15, "AN ORDINANCE CONCERNING
FIRE SAFETY; PROVIDING FOR FIRE SAFETY INSPECTIONS BY FIRE DEPARTMENT PERSONNEL;
PROVIDING PENALTIES FOR CERTAIN ACTS AND OMISSIONS WHICH CONSTITUTE FIRE HAZARDS;
CONTAINING PROVISIONS RELATING TO THE AUTHORITY UNDER WHICH THE ORDINANCE IS
ENACTED AND PROVIDING FOR OTHER DETAILS IN REALATION THERETO," be approved on
first reading with the following corrections Section 8 should be changed
to Section 4; correction of a typographical error, building; and the margin of
the line beginning with the word acknowledges be straighten. Richard Casserley
seconded the motion and a roll call vote was taken with all Councilmembers
voting yes.
10
• Page 2
•
The second reading on and the public hearing of Ordinance No. 79-15 was scheduled
for Tuesday, July 10. (A COPY OF ORDIANCE NO. 79-15 IS ATTACHED TO THESE MINUTES)
Resolution No. 79-12, Benchmark Companies transference of lots was next discussed by
Council. Richard Casserley moved to approve the resolution, seconded by Steve
Erickson. A roll call vote was taken with Jim Wells and Allan Nottinghan abstaining
and all other Councilmembers voting yes. (ATTACHED TO THESE MINUTES)
Resolution No. 79-11, Proposed Extension of White River National Forest was discussed
by the Council. After review, Jim Wells moved to approved the resolution, seconded
by Allan Nottingham and unanimously carried. (ATTACHED TO THESE MINUTES)
Parks and Recreation Agreements for Nottingham Park and Lake, in reference to when
the land will be conveyed to the Town was next discussed. The agreement would
allow the Town to accept monies from Benchmark Companies and Vail Associates and
to oversee the construction and maintenance of the parks.
Monies, budgetary procedures and agreement status between the Town, Vail Associates
Benchmark Companies and Eagle County were discussed.
Carol Richards moved that the Town enter an agreement with Benchmark Companies at
Beaver Creek, on tracts G & P, Benchmark at Beaver Creek Subdivision. Richard Casserley
seconded the motion and it was unanimously carried with Jim Wells and Allan Nottingham
abstaining.
Submittal of final approval on the Wildridge Subdivision and a technical review
of the Wildwood Subdivision was discussed.
After a lengthy discussion, Steve Erickson moved to table review of the Wildridge
Subdivision until the Town Engineer had a chance to review the Subdivider's Agree-
ment and to iron out all of the problems and to set a date for review of July 10;
at which time the Council would consider final approval. Carol Richards seconded
the motion and it was unanimously carried with Allan Nottingham and Jim Wells
abstaining. Submittal of final approval on Wildridge and Wildwood Subdivisions
was rescheduled for Tuesday, July 10.
Resolution No. 79-13 was presented to the Council, concerning litter. Carol Richards
moved to approve the resolution, seconded by Steve Erickson and unanimously carried.
_r grL-Z C/{E'~] 70 711F5~ m ~~u rF s~
A NWCCOG memorandum on management agency agreement for wastewater treatment was
referred to the Town Clerk for reply.
Town Attorney John Blish reported on the Colorado Municipal League Conference which
he recently attended.
There being no further business before
the meeting be adjourned, seconded by
at 11:30 P.M.
the Council, Steve Erickson moved that
Carol Richards and adjourned by the Mayor
Respectfully submitted
s
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
71~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town Council
of the Town of Avon, Colorado, at 7:30 P.M. on the 10th day of July,
1979 at the Town Hall for the purpose of considering the adoption
of ORDINANCE NO. 79-15:
AN ORDINANCE CONCERNING FIRE SAFETY, PRO-
VIDING FOR FIRE SAFETY INSPECTIONS BY FIRE
DEPARTMENT PERSONNEL; PROVIDING PENALTIES
FOR CERTAIN ACTS AND OMISSIONS WHICH CON-
STITUTE FIRE HAZARDS; CONTAINING PROVISIONS
RELATING TO THE AUTHORITY UNDER WHICH THE
ORDINANCE IS ENACTED AND PROVIDING FOR
OTHER DETAILS IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage
of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 26th day of June, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By
4TW CLER
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 27, 1979:
THE NORTHEAST SIDE THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 79-15
TOWN OF AVON
SERIES OF 1979
C:
AN ORDINANCE CONCERNING FIRE SAFETY; PROVIDING FOR FIRE SAFETY
INSPECTIONS BY FIRE DEPARTMENT PERSONNEL; PROVIDING PENALTIES
FOR CERTAIN ACTS AND OMISSIONS WHICH CONSTITUTE FIRE HAZARDS;
CONTAINING PROVISIONS RELATING TO THE AUTHORITY UNDER WHICH THE
ORDINANCE IS ENACTED AND PROVIDING FOR OTHER DETAILS IN RELA-
TION THERETO.
Section 1. Inspections - Fire Hazards - Order to Remove
or Correct - Appeal as Provided by Statute.
Whenever the Fire Chief of any Fire Protection
.District serving the Town of Avon or any por-
tion of the Town of Avon, or any member of
any such Fire Department who has been desig-
nated by the Chief of any such Department or
District, finds, through inspection.,procedures,
any building or other structure which, for
want of repair, lack of or insufficient-fire
escapes, automatic or other fire alarm appara-
tus, or fire extinguishing equipment as may be
required by law or for reasons of age or di-
lapidated condition, or from any other cause,
is especially liable to fire or hazardous to
the safety of the occupants thereof, and which
is so situated as to endanger other property,
and whenever such officer finds in any build-
ing combustible or explosive matter or in-
flammable conditions, dangerous to the safety
of such building or its occupants, he shall
order the same to be removed or remodeled,
and such order shall forthwith be complied with
by the owner, lessee, agent or occupant of such
premises or buildings. In case such owner,
lessee, agent or occupant may feel himself
aggrieved by such order, such owner, lessee,
agent or occupant may follow the statutory
procedures outline in C.R.S. 1973, 32-5-342.
Section 2. Violations - Penalties.
Any owner, lessee, agent or occupant of any
building or premises'.maintaining any condi-
tion likely to cause fire or to constitute
an additional fire hazard or any condition
which impedes or prevents. the egress of persons
from such building or premises in violation
of the provisions of this Ordinance shall be
deemed to be maintaining a fire hazard and
shall be guilty of a misdemeansor. Any
person, firm or corporation violating any of
the provisions of this Ordinance shall be
guilty of a misdemeanor, any any such person,
firm or corporation shall be deemed guilty
of a separate offense for each and every
day or portion thereof during which any viola-
tion of the provisions of this Ordinance is
committed, continued, or permitted, and upon
conviction of any such violation, such person,
firm or corporation shall be punished by a
fine of not more than three hundred dollars
($300.00) or by imprisonment for not more than
90 days, or by both such fine and imprison-
ment.
® -2-
0
Section 3. Authority - Conflict with State Statutory
Provisions.
This Ordinance is enacted pursuant to the autho
rity granted by the Town Charter for the Town of
Avon, Colorado, and pursuant to Article XX, Sec-
tion 6 of the Constitution of the State of Colorado.
In enacting this Ordinance the Town Council
acknowledges existence of similar provisions
contained in C.R.S. 1973, 32-5-34 et seg. The
Council specifically hereby reaffirms the con-
cept that fire safety is a matter of local as
well as statewide concern and further states
that it is in the public welfare that the pro-
visions of this Ordinance be enacted.
Section 4. Saving Clause.
If any part, section, subsection, sentence,
clause, or phrase of this Ordinance or any
of the Codes or. Standards adopted hereby are
for any reason held to be invalid, such
decisions shall not affect the validity of
the remaining sections of this Ordinance or
any of the Codes or Standards adopted hereby;
the Town Council hereby declares that it
would have passed this Ordinance and adopted
the Codes and Standards named in the title
hereto in each part, section, subsection,
sentence, clause or phrase thereof, irrespec-
tive of the fact that any one or more parts,
sections, subsection, sentences, clauses or
phases be declared to be invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this ,4 day of~_, 1979 and a
public hearing on this Ordinance shall be eld at a meeting
of the Town Council of the Town of Avon, Colorado, on the
/day of~~ 1979, at 7:30 P.M., in the Municipal
Offices of the To n.
ATTEST:
L
Town Clerk '
Ma or
INTRODUCED, APPROVED ON SECOND READING, PASSED, ENACTED
AND ORDERED PUBLISHED THIS DAY OF 1979.
TOWN OF AVON
BY:
ATTEST:
Mayor
BY
TOWN CLERK
RESOLUTION NO. 79-11
TOWN OF AVON
SERIES OF 1979
•
WHEREAS, citizens and governmental agencies of the
County of Eagle, State of Colorado, have initiated a proposal
for the extension of the United States Forest Service Boundary
and Management Control for the White River National Forest; and
WHEREAS, there exists within the area proposed to be
included within the boundaries of the White River National Forest
public lands which are presently administered and managed in
part by the U.S. Bureau of Land Management and in part by the
U.S. Forest Service; and
WHEREAS, the Bureau of Land Management and the Forest
Service manage the Public lands under their respective jurisdic-
tions pursuant to similar management principles; and
WHEREAS, the consolidation of management under the
United States Forest Service would simplify and improve admin-
istration of all of said public lands; and
WHEREAS, the respective Secretaries of the Departments
of the Interior and Agriculture did in 1962 direct their respective
agencies, i.e., Bureau of Land Management and the Forest Service
to transfer lands to one or the other, respectively, where
consolidation of management would simplify and improve admin-
istration; and
WHEREAS, the Town of Avon is directly and indirectly
affected by the management of the public land continguous to the
Town of Avon presently managed by both the Bureau of Land
Management and the Forest Service; and
WHEREAS, the Town Council of the Town of Avon, Colorado,
believes the extension of the U.S. Forest Service Boundary for
the White River National Forest as proposed herein, would pro-
vide among others the following benefits:
1. Uniform administration of public lands under one
federal agency;
2. Elimination of duplication of management services
and travel;
3. Facilitation of transaction of business by users of
the public lands, enabling such users to work with one
federal agency;
4. Simplification of administration of public lands;
5. Flexibility to trade lands presently outside U.S.
Forest Service Boundaries to achieve a more efficient,
economic and desirable management program;
6. Reduction of costs for public land management
functions; and
WHEREAS, the Town Council of the Town of Avon, Colorado,
believes the proposed boundary change would be beneficial to
its citizens and taxpayers as well as to all citizens and tax-
payers of the United States; and
• •
WHEREAS, the Town Council of the Town of Avon, Colorado,
has been informed and advised by the media, citizen input and input
from other local governmental entities in the area with regard
to the above matters;
NOW THEREFORE BE IT HEREBY RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
The Town of Avon respectfully recommends and urges
the Congress of the United States to enact
appropriate legislation and the President of the
United States to sign such legislation necessary
to cause and permit the boundaries of the white
River National Forest, as administered by the
United States Department of Agriculture through
the Forest Service, to be extended to and include
within said boundaries, an area indicated on the
map attached hereto as Exhibit "A" and incorpor-
rated herein by this reference, generally de-
scribed as that area bounded by the unincorporated
area known as Wolcott, and Colorado State Highway
131 on the west, the Colorado River on the north,
Cross Creek on the south, and the foot of Vail Pass
on the east.
BE IT FURTHER RESOLVED THAT:
The Town Clerk is,hereby directed to forward copies
of this Resolution to each member of Congress
from the State of Colorado; and
Further, the staff of the Town of Avon is authorized to
assist and cooperate with said members of Congress
and/or any federal government officials to obtain
the proposed extension of the White River
National Forest Boundary.
INTRODUCED, READ AND ADOPTED THIS 4a 6. DAY OF JUNE, 1979.
TOWN OF AVON
ATTEST:
own Clerk
r 7 4aor
An¢e o Alpi
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LEGEND:
a _ n; O BLM LAND -
` PRESENT FOR ES? BOUNDAR( I 0'I o
PROPOSED FOREST BOUN GARY
STATC Of COLORADO, COUMT7 OF,CACI C n Book a~ P, z
10 Ai 0' M
IitLr f HIM MO p1l~~ UU JOHNNFTT PHllkn RECWM
RESOLUTION NO. 79-12
TOWN OF AVON
SERIES OF 1979
WHEREAS, the various permitted living unit densities
shown on the Official Plat and Map of the Town of Avon, Colorado,
are subject to transfer and reassignment from one lot to another
with the approval and consent of the Town Council of the Town
of Avon; and
WHEREAS, Gary R. Stevens; Vice President of Benchmark,
has requested by means of a letter dated June 21, 1979, (Exhibit "A")
that certain transfers and reassignments be made pursuant to the
above provision; and
WHEREAS, the Town Council of the Town of Avon, Colorado,
has no objection to the proposed transfers and reassignments;
NOW THEREFORE IT IS HEREBY RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Four(4)living units of the permitted density
shall be transferred from Lot 12, Block 2 to
Lot 7, Block 1. Additionally, four(4)living
units shall be transferred from Lot 5, Block
1 to Lot 6, Block 1. This will result in the
following densities permitted on the following
lots, and shall be treated for all lawful
purposes as an Official Amendment to the
Official Plat and Map of the Town of Avon,
Colorado:
Lot 12, Block 2 8 units
Lot 7, Block 1 8 units
Lot 6, Block 1 8 units
Lot 5, Block 1 226 units
INTRODUCED,
ATTEST:
Town Clerk
READ AND ADOPTED THIS DAY OF JUNE, 1979.
TOWN OF AVON
f~
Angelo V . Alpi, Aay r
~f//fin/ , •
June 21, 1979
Mr. Angelo V. Alpi, Mayor
Town of Avon
Avon, Colorado 81620
Dear Mr. Alpi:
Lot 12, Block 2 presently has an assigned density of 12 condominium or apartment
units. Benchmark at Beaver Creek, the owner of the property, accepted a contract
recently wherein the property is being sold, but only 8 living units go with the
sale. Benchmark, consequently requests that the four excess units be transferred
to Lot 7, Block 1, which presently has a density of 4 units.
As both Lots 6 and 7, Block 1 are approximately the same size, Benchmark, the
owner, would like to have the unit density for each be the same. Therefore
Benchmark also requests that four Condo/Apartment units be added to Lot 6 and
the density for Lot 5, Block 1 be reduced by the same number.
Thank you in advance for your consideration of this request.
Si cerely,
Gary R. Stevens
Vice President
GRS:mr
BENChMARk
Box S, Avon, Colorado 81620 Phone (3031 949-5743
i
RESOLUTION NO. 79-13
TOWN OF AVON
SERIES OF 1979
WHEREAS, the Town Council of the Town of Avon, Colorado,
is concerned about the visual appearance of the Town as well as
the health and safety of its residents; and
WHEREAS, there is from time to time a problem in
connection with rubbish, waste material, refuse, trash and debris
within the Town of Avon and especially in connection with building
materials and building material wrapping and packaging, which
blows from one site to another and onto both Town property and
other private property; and
WHEREAS, Colorado Revised Statutes, 1973, 18-4-511,
provides that littering is a Class 2 petty offense;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN COUNCIL
FOR THE TOWN OF AVON, COLORADO, THAT:
All citizens of Avon and those people who
work in Avon are reminded that littering
is an offense punishable by a fine and every-
one, including all those persons who super-
vise or work at the location of construction
projects, are asked to cooperate in the
prevention of littering. The Avon Police
Department is authorized to act in accord-
ance with the best interests of the citizens
of the Town of Avon in the enforcement of all
statutory provisions relating to littering
and to the storage and care of building
materials and packaging.
INTRODUCED, READ AND ADOPTED THIS 7- DAY OF f . e ,
1979. ,
TOWN OF AVON
1
.~ngelo . Alpi, M yor
ATTEST:
Town clerk, Tonie Koonce