TC Minutes 03-24-1981R
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD MARCH 24, 1981- 7:30 P.M.
The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was
held in the Town Offices, second floor, Benchmark Shopping Center, Avon.
The meeting was called to order by Mayor Alpi at 7:45 p.m. A roll call was taken
with all the Councilmembers in attendance with the exception of Steve Erickson who
was absent. Also present were Town Attorney John Dunn, Chief of Police Dave Martinez
as well as members of the press and public.
First on the agenda was second reading of Ordinance No.#81-3;. Series of 1981,
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.#79-10, SERIES OF 1979, REGULATING
WORK WITHIN THE PUBLIC WAYS OF THE TOWN OF AVON, COLORADO, ESTABLISHING PERMIT
REQUIREMENTS AND FEES; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; AND SETTING
FORTH VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHORIZING CHANGE AND AMENDMENTS
THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
There was discussion and corrections on this Ordinance.
Councilman Price stated that he was not comfortable with the disparity that was
detected between the technical expert and the utility companies and also stated that
he was not prepared to vote on the Ordinance until they come to a closer agreement.
Norm Wood stated that there were 3 changes in the Ordinance that might shed some light
on the problem. He suggested 1) that on page 5, the fee schedule for the narrow
trenches on plowing-in-place should be changed to "$10.00" with a minimum fee of
$25.00 total, 2) on page 14, paragraph 5, after the word inches add "or if a service
line,24 inches, or if plowed," 3) on page 14, Section 30.2(A)(Construction Methods),
after the word compacting; add "provided, the bottom layer shall not exceed 15 inches
in thickness", page 15(B)(Construction Methods) add after the word compacting; "provided,
the bottom layer shall not exceed 15 inches in thickness", and page 15(C)(Construction
Methods), after the word compacting; add "provided, the bottom layer shall not exceed
15 inches in thickness".
After lengthy discussion Hugh Price moved to table Ordinance No.#81-3, Series of 1981
because the Council has insufficient information from other municipalities and
counties that charge fees and have fee schedules that are considerably different than
what the Town is proposing, seconded by A.J. Wells on grounds that Norm Wood came in
with a fee schedule based upon his time allowing no overhead from the Town, and should
be checked. It was carried with Sheila Davis Abstaining.
John Perkins with PMC Office Warehouse, Lot#16,17, Block#l approached the Council. He
was requesting approval to build a retaining wall over the lot line.
After discussion it was decided that he did not have to appear before the Council on this
matter, that it would be between Mr. Perkins and the Utility Companies.
Tom Nevison with High Country;Plaza, Lot#3, Block#l approached the Council appealing to
the Council for a variance in the loading spaces. Mr. Nevison stated that since last
Wednesday's Design Review Board Meeting Allen Butler had redesigned the two loading
spaces substantially in line with the DRB's wishes, but still does not meet the Town
Ordinance.
After listening to Mr. Nevison describe his project at some length the Mayor interrupted
and asked just specifically what he was asking of the Council.
Mr. Nevison stated they needed approval of the revised loading spaces. After discussion
the Town Attorney suggested that the Council take no action on this matter until there
was something in writing from the Design Review Board.
The Council suggested that Mr. Nevison return to the DRB to present to them the
revised plans of the loading spaces.
• i
Nick Dalba with Avon Center at Beaver Creek approached the Council requesting
approval of a variance, changing the sprinkler system in the underground parking
level to smoke detectors and fire extinguishers at the request of the Fire
Chief.
A.J. Wells moved approval to grant the variance that was requested, seconded by
Bill Doyle and was unanimously carried.
Second reading of Ordinance #81-2, Series of 1981, AN ORDINANCE PROVIDING
REGULATIONS FOR MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF AVON AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
Present were; Jay Hosburgh Fire Chief of the Avon, Eagle Vail Fire Department, Jay
Peterson from the law firm of Otto, Peterson, Post and which represents the Benchmark
Mobile Home Park, Duane Broyles, Manager of the Mobile Home Park and also present
was Larry Peterson from Slifer & Company, the managing agent for Enterprise III
which ownes the Park.
The Fire Chief stated that there were some items that were not included in the
Ordinance that could present severe problems, primarily the items that are lacking
are, l) the spacing between the adjacent trailers, 2) the open fires that were described
in this Ordinance, Mr. Hosburgh stated that there was a current Ordinance that permits
NO open-fires at all, 3) that there was no mention of the gas distribution facility.
He stated that was one of the major contribution of fires to the Mobile Home Park.
Jay Peterson stated he would like to see some grandfathering of the Park Ord.
After lengthy discussion A.J. Wells moved to table Ordinance No.#81-2, Series of 1981
on second reading indefinitely. The motion was seconded by Hugh Price and was
unanimously carried.
Don Buick with Avon Center at Beaver Creek approached the Council to discuss the
Avon Center Mall Agreement.
Mr. Buick stated that they have reviewed the document of Kevin Conway's. Mr. Conway
represents Dave Cole, Lot#56, Block#2. He stated that they have worked out
everything and are in total agreement except one minor problem with the assessment
Section 10(b)change "18 percent"
all the Mall Property Owners, that
be by Lineal Footage.
part of the Town Council that there
maybe the property owners of the
of the revised Agreement at the
A.J. Wells moved approval to adopt Resolution No.#81-4, Series of 1981. The motion
was seconded by Sheila Davis and was unanimously carried.
of cost.
On page 7, Section 9(c) insert "3 mills", page 7,
to "3 percent over prime."
It was agreed by the Council, that to be fair to
the only way to go with the Mall Agreement would
Mr. Buick stated that with that statement on the
was now 88% agreement between the owners and that
Mall could get a signature from Lilischkies.
Mr. Buick stated that Kevin would have the draft
end of the week.
A.J. Wells moved to direct the Mayor to advise the Design Review Board that Dave
Cole could go ahead with his project, seconded by Hugh Price and was unanimously
carried.
The Police vehicles were discussed. It was agreed that after the present vehicles
were repaired, the Police Department purchase a new vehicle. The State bid vehicles
were discussed.
The financial matters were next presented to the Council. Allan Nottingham moved
approval of the Accounts Payables, seconded by Sheila Davis and was unanimously
carried.
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9 0
A-95 - Crisis Intervention Programs - Balance of the State.
After discussion the Council made no decision.
A-95 - Colorado Housing, Inc.
After discussion the Council made no decision.
The minutes of the March 10, 1981 meeting was next presented to the Council.
Bill Doyle moved approval of the March 10th minutes with these corrections,
change "Shelia" to "Sheila". The motion was seconded by Hugh Price and was
unanimously carried.
There being no further business Bill Doyle moved that the Council adjourn and Allan
Nottingham seconded the motion. The meeting was adjourned by Mayor Alpi at
11:35 p.m.
Respectfully Submitted:
Town Clerk