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TC Minutes 04-13-19820 6 MINUTES OF THE ]REGULAR MEETING OF THE TOWN OF AVON COUNCILMEMBERS HELD APRIL 13, 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 7:55 p.m. A roll call was taken with the Councilmembers in attendance with the exception of Greg Gage who was absent. Also present were Town Attorney John Dunn, Town Manager Dick Blodgett as well as members of the press and public. Second reading of Ordinance No.#82-3, Series of 1982, AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T.5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. The Town Attorney stated that he had received a written withdrawal of the petition from the applicant for the project which was requested. He stated as much as the alternative of the Council was to deny the application, he didn't want the Council to go on record to that effect. The Mayor stated that the applicant was withdrawing the application for annexation. Second reading of 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. It was suggested that the personnel in Public Works be involved with enforcing the Ordinance. There was a deletion to this Ordinance. After the word"nuisance" there should be a period, delete the rest of the sentence and to prohibit all dogs from the shaded area shown on the map of exhibit"A" of the Ordinance. A.J. Wells moved approval of Ordinance No.#82-7, Series of 1982 on second reading with the change. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. Steve Miller approached the Council. Mr. Miller is a Captain with the Eagle-Vail, Avon Fire Department and a Sergeant with the Avon Police Department Reserves. He discussed the police reserve and informed the Council of the current and future goals. At the present time their membership is up to twelve members, all volunteers. They are required to have sixteen hours a month of service. After some informative discussion the Mayor thanked Mr. Miller for coming. The Mayor reported that the Congress of the United States has scheduled April 18-24 to recognize and honor all volunteers that give their time. The Mayor then read the Proclamation and proclaimed April 18-24, 1982 as Volunteer Recogni- tion Week. First reading of Ordinance No.#82-10, Series of 1982, AN ORDINANCE AMENDING CHAPTER 2.08 OF THE TOWN CODE OF THE TOWN OF AVON AS IT PERTAINS TO THE JURISDICTION OF THE MUNICIPAL COURT. The Town Attorney stated that some time ago they appraised the possible fine for violation of Town Ordinances from three hundred dollars to five hundred dollars. 0 0 Continued Ordinance No.#82-10 Prior to the adoption of the code, the code was reviewed and the penalty figures were changed from three hundred to five hundred dollars. He stated that he had discovered that the Ordinance dealing with the Jurisdiction of the Municipal Court was not changed, therefore that was the purpose of this Ordinance. A.J. Wells moved approval of Ordinance No.#82-10, Series of 1982 on first reading with the correction noted by the attorney. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. First reading of Ordinance No.#82-11, Series of 1982, AN ORDINANCE AMENDING CHAPTER 16.52 OF THE MUNICIPAL CODE OF THE TOWN OF AVON BY REPEAL AND RE-ENACTMENT OF THE PENALTY PROVISION THEREOF. The Town Attorney stated that this Ordinance deals with the Subdivision Regulations. As the regulations now exist, it absolutely prohibits any sale or offer of sale of any Condominiums or other Real Estate Unit until approval of the Subdivision Plat. This Ordinance would allow pre-sales so long as the contract provides that in the event the Subdivision Plat was not approved, the purchaser would be relieved of his obligations and all amounts paid would be returned to him. After some discussion Allan Nottingham moved approval of Ordinance No.#82-11, 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. The Town Attorney stated that he saw two problems with the Kandahar Project, the drainage and height which would have to be resolved. First reading of Ordinance No.#82-12, Series of 1982, AN ORDINANCE AMENDING ORDINANCE NO.#13, SERIES OF 1981, AS IT RELATES TO PLAN REVIEW FEES IN CONNECTION WITH UNIFORM BUILDING CODE INSPECTIONS. The Town Attorney stated that this was a housekeeping Ordinance. It was requested by Dick Evans, Building Administrator. Mr. Evans had discovered two errors in the 481-13 Ordinance. After some discussion A.J. Wells moved approval of Ordinance No.#82-12, Series of 1982 on first reading. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. The Eagle County Emergency Services Hospital District was cancelled from the Agenda. Dick Blodgett reported on the meeting of April 9, 1982 he had with Stan Bernstein, the Financial Consultant for Avon. Mr. Blodgett stated that Mr. Bernstein's concern was the Real Estate Transfer Tax projections would not be accurate. He stated they would probably update the report sometime in June to see then if there would be a change in the market. He stated that they would have a future meeting in a couple of weeks and get into a more detailed discussion of the report. Mr. Blodgett reported on the agenda preparations. He stated that the cut off date for placing items on the agenda for the Council to consider would be submitted no later then Thursday noon. This would give the Staff an opportunity to prepare the agenda packets for the Councilmembers to review over the weekend. The Financial matters were next presented to the Council. The Beaver Creek Resort Company was discussed(the evening bus service). It was suggested that the Town pay the amount that was contributed and pledged at this point and to continue to search for more contributions for the balance($597.60). After discussion of the accounts payables A.J. Wells moved approval of the accounts payables except for reducing the Beaver Creek Resort Company's amount to the amount of pledges received from the Chamber of Commerce Members and the $5,000.00 that the Town contributed ~ttZ a total of $7,150.00. The motion was seconded by Sheila Davis and was carried with Steve Erickson abstaining from the approval of McMahan, Sipp and Olsen's audit invoice regarding the Beaver Creek Drain Service. -2- Continued Financial Matters The Mayor reported on the outstanding Beaver Creek Drain invoice. At.that point Councilman Erickson stepped down. After some discussion Larry Kumpost moved to instruct the Town Attorney to review the audit with respect to any possible claim against Beaver Creek Drain and report back to the Council with a statement in writing. The motion was seconded by Allan Nottingham and was carried. It was also stated for the Town Attorney to determine whether or not there would be any possiblity of recovering the audit fee, because if a disclosure had been made there would not have been an audit. A.J. Wells moved to begin process of payment to B & B Excavating and on the other matter, the accounts payable to Beaver Creek Drain, hold payment until it is determined if there would be a claim against them. The motion was seconded by Allan Nottingham and was carried with Steve Erickson abstaining. The financial sheet was discussed. The minutes of the March 23, 1982 meeting was next presented to the Council. A.J. Wells moved approval of the March 23rd minutes, seconded by Larry Kumpost and was unanimously carried. The minutes of the March 30, 1982 Special Meeting was next on the agenda for approval. A.J. Wells moved approval of the March 30, 1982 minutes with these corrections,(chose), (then),(Montana). With those corrections Larry Kumpost seconded the motion and was unanimously carried. There being no further business Steve Erickson moved to adjourn. A.J. Wells seconded the motion. The meeting was adjourned by Mayor Alpi at 10:00 p.m. Respectfully Submitted: Patricia J. Doyle, 'down Clerk Approved: -3-