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TC Minutes 09-11-19790 r MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD SEPTEMBER 11, 1979 - 7:30 P.M. The Regular Meeting of the Town Councilmembers of the Town a)f Avon, Colorado was held in the Town Offices, second floor, Benchmark Shopping Center, Avon. The meeting was called to order by Mayor Alpi at 7:35 p.m. A roll call was taken with all Councilmembers in attendance except Allan Nottingham and Jim Wells. Also present were Town Attorney John Blish, Hugh Price, Chairman of the Design Review Board, as well as members of the press and public. The minutes of August 28 were presented to the Council. Steve Erickson moved approval of the August 28 minutes, seconded by Bill Doyle and the motion was unanimously carried. Bi-monthly financial reports were next reviewed by the Council. After discussion, Carol Richards moved approval of the accounts payable subject to John Bank, attorney at law account to be held till next meeting and Pester Station charges to held till a billing is received, the park fund, the figure of $814.59 is to be deducted from the total, Bradford Publishing Company being paid to John Blish for $9.10 instead of $9.68. Bill Doyle seconded the motion and it was unanimously carried. The First reading of an Ordinance amending Ordinance #17, Series of 1979, BY THE REPEAL AND REENACEMENT OF SECTION H, SUBSECTION 6, THE PURPOSE OF WHICH IS TO CORRECT TWO ERRORS IN THE ORIGINAL TEXT. After discussion Dick Casserley moved to approve the first reading of this Ordinance. Bill Doyle seconded the motion and a roll call was taken with all Councilmembers voting yes. Public hearing on this Ordinance 420 will be on the 25th of September. A copy of this Ordinance is attached to these minutes. Jon Eberle, transportation director for the Town of Vail approached the Council with an up-to-date review of how his program could provide service to the Town of Avon. After lengthly discussion Mr. Eberle was asked to appear before the next Council meeting or just visit with a more detailed amount figure and the bus pick up locations. Steve Erickson stepped down to make a presentation. Mr. Erickson and Clinton Watkins are owners of the Ski-Avon, Inc. project located on Lot#70, Block #1 They are asking for an approval for a minor subdivision that they could put the 18 units on the major portion of the lot and subdivide a smaller portion, approximately a quarter acre for a duplex where Mr. Erickson and Mr. Watkins will reside. After some discussion, Carol Richards moved to give preliminary approval for the minor subdivision of Lot#70, Block #1 subject to the Town Attorney and building administrator checking the Plat, then to return to the Council for final approval on the meeting of the 25th. Bill Doyle seconded the motion and it was unanimously carried. Carol Richards reported that on Monday, September 10, 1979 meeting of the Northwest Colorado Council of Governments (NWCOG), three Town representatives showed up, Vail, Basalt, Avon along with the County Commissioners. After considerable discussion the Commissioners agreed that it should just be the municipalities and the county that is the management agency with the advice from the sanitation district. It was stated that NWCOG will be with us on the 254to sign the management agency contract. A-95 State WIN (work incentive program) plan. Carol Richards commented that anything that can be done to encourage CETA should be done. Carol Richards moved to approve the program. Steve Erickson seconded and it was unanimously carried. John Blish, Town Attorney reported the following: He has drafted a one page contract where the Town and Rocky Mountain Cable TV, Inc. agree to be bound by the terms and conditions of Ordinance #16; He has had extensive talks with Elmer Claycomb; Paul Swift who was the attorney formally with the Colorado Attorney General, visited today. The Mayor and Mike Blair accompanied them to an on-sight inspection on the proposed railroad crossing. Mr. Swift stated that he had gotten specfic ideas that could not have been generated other than by a visit to the site. He suggest a limited traffic study concerning the railroad crossing; Clinton Watkins will visit the Council of the 25th of September for a progress report. John Blish also stated that his office has been established in Vail. Fritz Schmidt accompanied by his lawyer approached the Council with a complaint of the stop work order that was placed on his project. After lengthly discussion is was agreed by the Council that it was Mr. Schmidt's responsibility to deliver all his material into the Design Review Board before he could be issued a permit. Mayor Alpi reported there will be a meeting of a new organization called Colorado Association of Ski Towns which the Town of Avon has been asked to join, he will be going to the first meeting September 21, 1979 at Crested Butte. A fee as yet is not established; bids are coming in for snow removal for the Town; the Town will be moving October 1st, into the offices of Richards engineers; a field trip was taken up Metcalf Road, should e com leted by cold weather at least with a gravel base; a meeting with BIY`lasd %e`~ek and were informed if legislation goes through (trans- fering BLM land to the forest service) would have a difficult time acquiring the land; that after January 1st, that,as a home rule town, we will not have to pay State tax on food. There being no further business before the Council, Steve Erickson moved the meeting be adjourned, seconded by Dick Casserley and adjourned by the Mayor at 10:00 P.M. Respj ctfully Submitl Jed : ORDINANCE NO. 20 SERIES OF 1979 AN ORDINANCE AMENDING ORDINANCE NUMBER 17, SERIES OF 1979, BY THE REPEAL AND REENACTMENT OF SECTION H, SUBSECTION 6, THE PURPOSE OF WHICH IS TO CORRECT TWO ERRORS IN THE ORIGINAL TEXT. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. Repeal and reenactment - New text. Section H, Subsection 6, Ordinance Number 17, Series of 1979, is hereby repealled and reenacted to read as follows: "6. Title 8, Chapter 8.24 is hereby adopted in its entirety including the footnotes, except as follows: Section 8.24.030 shall be amended to read "Avon Police Chief' in the fifth line of the text, where the words 'Town Marshal' appear, which words shall be deleted. Section 8.24.030 shall also be amended to include the words 'provided that firing or the discharging of such weapons was reasonable in light of all the attendant circumstances.' following the words 'person or pro- perty.' in the eighth line of the text and the period at the end of that line shall be changed to a comma. Further, that Section 8.24.140 which sets out the pen- alties for violations of the preceeding section, is also adopted in its entirety, which penalties are also set out generally elsewhere in this Ordinance." Section 2. Severability. If any provision, clause, phrase or section of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect i other provisions, clauses, phrases or sections or applications of the Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this Ordinance are declared to be severable. INTRODUCED, PASSED ON FIRST READING,, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this i ! day of 4t~1979 and a public hearing on this Ordinance shallbe held at regular meeting of the Town Council of the Town of Avon, Colorado, on the ,~t-Aday of~~ 1979, at 7:30 P.M. in the Municipal Offices of the Town. Mayor i' ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1979. This Ordinance will become effective on 1979. Mayor ATTEST: Town Clerk