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TC Minutes 02-09-1982MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCILMEMBERS HELD FEBRUARY 9, 1982 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Municipal Building in the Council Chambers. The meeting was called to order by Mayor Alpi at 7:50 p.m. A roll call was taken with all the Councilmembers in attendance. Also present were Town Attorney John Dunn as well as members of the press and public. The Mayor stated that 2-c and 3-g were cancelled from the agenda and that Emergency Ordinance X682-7 and the discussion of the cemetery district was added to the agenda. First on the agenda was Mountain Shadows Condominium Map approval. The Town Attorney requested that they change the wording regarding Time-Sharing to read,"units may not be used for Time-Sharing units." There was some question whether there should be some division showing the particular units. After discussion Steve Erickson moved approval of the Mountain Shadows Condominium Map contingent upon the changing of the wording regarding Time-Sharing and upon the Town Engineer checking the division of units. The motion was seconded by Larry Kumpost and was unanimously carried. The Emergency Ordinance No.#82-7, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO.#17, SERIES OF 1979, TO DEFINE AS A NUISANCE ALLOWING DOGS WITHIN TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. There was a lengthy discussion on this Ordinance. There was some question on whether the Council could ban all dogs from the park. There was also public input not in agreement with such Ordinance. After lengthy discussion a motion was made and amended. Steve Erickson moved approval of Ordinance No.#82-7, Series of 1982 on first reading removing Section 3, the Emergency Clause,and with the provision that the Avon Metropolitan Engineers and the Town of Avon Engineers look at establishing necessary distances and areas which dogs can and cannot be within,to protect the water supply, to allow the dogs to be walked in an orderly manner in the Tract G area and also include a provision that any owner walking a dog, clean up the feces and to include that as a violation of the Ordinance if it is not done and seen by the inforcement officer. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. Second reading of Ordinance No.#81-37, Series of 1981, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DES- CRIBED LAND IN THE OPEN SPACE, LANDSCAPING AND DRAINAGE ZONE DISTRICT. The Town Attorney stated that the Design Review Board had some question of the zoning of this Annexation(Forest Service Land). Afer discussion Steve Erickson moved approval of Ordinance No.#81-37, Series of 1981 on second reading as it stands. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. Second reading of Ordinance No.#82-1, Series of 1982, AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF AVON TO PROVIDE A FORM OF TITLE CERTIFICATE AND TO CORRECT THE FORMS OF TOWN CERTIFICATES. Sheila Davis moved approval of Ordinance No.#82-1, Series of 1982 on second reading. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. -1- 6 0 First reading of Ordinance No.#82-4, Series of 1982, AN ORDINANCE OF THE TOWN OF AVON, COLORADO ADOPTING BY REFERENCE A CODIFICATION OF THE EXISTING ORDINANCES OF THE TOWN OF A GENERAL AND PERMANENT NATURE, ENTITLED, "THE MUNICIPAL CODE OF THE TOWN OF AVON". After some explanation of the Ordinance from the Town Attorney Steve Erickson moved approval of Ordinance No.#82-4, Series of 1982 on first reading. The motion was seconded by A.J. Wells. A roll call was taken with all the Councilmembers voting yes. It was requested that a copy of the Municipal Code Book be sent to the Colorado Municipal League. First reading of Ordinance No.#82-5, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO. 78-9, SERIES OF 1978, TO PROVIDE FOR AN ALTERNATE MEMBER OF THE DESIGN REVIEW BOARD. There was a lengthy discussion on this Ordinance. Steve Erickson moved approval to table Ordinance No.#82-5 and to clarify attendance requirements for the Design Review Board Members and to prescribe_to them what action would be taken and for the DRB to make a recommendation to the Council as to appointing someone immediately. Also to direct the Town Manager to check with Eagle County Planning Commission and other nearby Municipalities to see how they handle their alternate problems and if there are no provisions in the DRB Rules and Regs.for attendance requirements, to then instruct the Town Attorney to make provisions for such. Councilman Wells stated that he didn't see why the Town Manager had to look into the other Municipalities, just to make the Board Members serve and not appoint an alternate. The motion was seconded by Larry Kumpost and was carried with A.J. Wells opposing. First reading of Ordinance No.#82-6, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO.#17, SERIES OF 1981, TO REQUIRE PRESSURE REDUCING VALVES AS AN ADDITION TO THE ICBO PLUMBING CODE. The Town Attorney stated that the Building Department requested this Ordinance be drawn up. He stated that the Avon Metropolitan District requested the proposed wording. After discussion Larry Kumpost moved approval of Ordinance No.#82-6, Series of 1982 on first reading. The motion was seconded by Sheila Davis and was carried with A.J. Wells and Allan Nottingham abstaining. Don Buick with Avon Center and a member of the Avon Chamber of Commerce approached the Council. He was requesting additional Beaver Creek bus service from Avon to Vail. He was requesting Council support such service for an additional $14,000.00. The bus service to Sunridge Phase I and Phase II was discussed. It was stated that if there was additional service that Sunridge should be included. There was discussion on the Phase II Transportation Study and that as to date the Council had not had any information of that Study. Jon Eberle with the Lift Bus Service discussed his views of the bus service. There was a lengthy discussion that followed. The Mayor stated that the Council needs public input, that this involves the whole Town. He stated that he didn't think the Town could afford it and that it was not budgeted. Steve Erickson so moved to instruct the Town Manager to accompany a member of the Avon Chamber of Commerce to meet with Beaver Creek Transit as soon as possible to look at the proposal that was presented to the Council that evening and to also look at the existing proposal, to report back to the Town Council directly after the meeting and if there would be action that had to be taken, the Council would then meet. Councilman Kumpost: Other items to be addressed at the meeting would be a termination clause if the ridership would not be successful and also the service to Sunridge. The Mayor stated that the meeting would not resolve anything and that it comes down to,"does the Council want to spend the money or doesn't it"? It was stated that the Council would call a Special Meeting if necessary. A.J. Wells seconded the motion was unanimously carried. Resolution No.#82-6, Series of 1982. This Resolution deals with Conflict of Interest. After a lengthy discussion the Town Council requested that the Town Attorney draft a new Resolution. -2- The Mayor reported to the Council on establishing a Cemetery District. The Town Attorney stated that the Town is Home Rule and therefore the Town can do anything it wants in that regard. It was suggested that the Mayor explore the subject with the Forest Service. The financial matters were next presented to the Council. It was agreed by Council to hold the invoices for the Hole in the Wall, UPL Lumber, Intermountain Lumber Inc, and Beaver Creek Resort Company until further explanation. Be it noted that the heaters that were purchased for the offices for the Municipal Building would be reimbursed to the Town by Roche Constructors, Inc. It was requested that a financial sheet report be available to the Council at the next meeting. Also an explanation of the Bond transfer to Eagle County. Explanation of dispersements were, out of the Mall Fund and than in the Nottingham Park Fund there was a sizable amount transferred to general fund. It was agreed by the Council to delay purchase of the road grader until a later date. Sheila Davis moved approval of the Accounts Payables, holding out the UPL Lumber, the Intermountain Lumber, Beaver Creek Resort Company billings. The motion was seconded by Larry Kumpost and was unanimously carried. The invoice for the Hole in the Wall would be paid, but needs an explanation. A.J. Wells stated that the Town Manager get all unpaid bills of the Beaver Creek Drain to the Town Engineer and wants those bills impressed by the next meeting. If the money is owed, he stated that he wants it paid. Larry Kumpost moved approval of the Accounts Payables of the Public Works, seconded by Sheila Davis and was unanimously carried. The signage for City Market was discussed. It was requested that they return to the Design Review Board. The minutes of the January 26, 1982 meeting was next presented to the Council. After some discussion Steve Erickson moved approval of the January 26, 1982 minutes with corrections of three typographical errors. The motion was seconded by A.J. Wells and was unanimously carried. The Mayor reported that there were three adds running, Police Officer, Town Engineer and Town Manager and stated that he was getting good response. Councilman Erickson reported on the interviews of the police officers. He stated he had some concern on why the police applications have dropped off. He stated that the Chief of Police maybe changing the policy and hire uncertified people. The interviews for the remaining applicants for the vacant Council seat would be held at the workshop of the 23rd of February. There being no further business A.J. Wells moved to adjourn. Steve Erickson seconded the motion. The meeting was adjourned by Mayor Alpi at 2:05'a.m. tfully Sub,4tte -3- P4tricia J. Doyle4\Town Cl4r