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TC Minutes 02-14-1984• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING FEBRUARY 14, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were: Town Attorney John Dunn, Acting Town Manager Bill James, Planning Director Jim Lamont, Director of Public Works Norm Wood, Building Administrator Dick Evans, Superintendent of Public Works Dan Sunday as well as members of the press and public. The Mayor called for Citizen Input. Councilman Connell stated he would like to propose and organize a Town of Avon Golf Tournament. Mr. Connell suggested possibly to have the tournament in cooperation with Beaver Creek. It was suggested that this matter be discussed with the Vail Foundation. Second reading of Ordinance No.#83-42, Series of 1983, AN ORDINANCE AMENDING ORDINANCE N0.#83-33, SERIES OF 1983, TO ADD TO THE SCHEDULE OF RATES CHARGED BY HERITAGE CABLE TV. The Mayor opened the meeting for public hearing. Mr. James stated that Heritage Cable requested that this ordinance be tabled once again since there was no one from the Cable Company present. There being no further discussion the Mayor closed the public hearing. Don Buick moved to table Ordinance No.#83-42. The motion was seconded by Al Connell and was unanimously carried. Change Order No.#2 for the Log Cabin Rehabilitation was next presented to the Council. Norm Wood, Director of Public Works, approached the Council. He stated that the Change Order was the final adjustment with Norland Contractors for work on the Log Cabin. This Change Order included furnishing labor and materials for the installation of all the interior trim and the construction of a temporary wood porch at the north door of the cabin. The Change Order also included the installation, by Norland Contractors, of the following materials provided by the Town; a) wall and ceiling insulation; b) interior doors and door hardware; c) base and wall cabinet and counter top; d) wood burning stove and stove pipe. The Change Order is in the amount of $3,042.50, which would bring the total contract amount to Norland Contractors to $33,829.50. Mr. Wood recommended that the Change Order be approved. A.J. Wells moved approval of Change Order No.#2 for the Log Cabin. -1- 0 The motion was seconded by Larry Kumpost and was unanimously carried. Resolution No.#84-5, Series of 1984, RESOLUTION TO ADOPT FAVORING ELIMINATION OF CERTIAN PRIVATE LAND USE RESTRICTIONS. Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells stepped down because of conflict of interest. The Mayor Pro-Tem then proceeded. This resolution would eliminate the private use restrictions from the land in the original Benchmark at Beaver Creek Subdivision. The Town has no authority or jurisdiction in eliminating the uses, but basically in a public statement is stating that the Town does support the landowners who are backing this request. There being no further discussion Larry Kumpost moved approval of Resolution No.#84-5, Series of 1984. The motion was seconded by Al Connell and was carried with Allan Nottingham and A.J. Wells abstaining. Next on the agenda was a Special Review Use for Avon Metropolitan District Subdivision for construciton of a potable water tank, Tract K, Block #1, Wildwood Subdivision. The Mayor Pro-Tem stated that this matter was before the Planning and Zoning Commission and was approved. Al Connell moved approval of the Special Review Use for construction of a potable water tank, Tract K, Block #1, Wildwood Subdivision. The motion was seconded by Don Buick and was carried with Allan Nottingham and A.J. Wells abstaining. Council requested that all future Special Review Use requests be in resolution form. The Mayor then resumed his seat. Mr. Rick Larson of PPL Development Corporation (Peregrine Properties, Lot #63, Block #2, Benchmark Subdivision) approached the Council. Councilman Greg Gage stepped down because of conflict of interest. Mr. Larson was requesting vacation of an easement for their property. He stated that their attorneys advised that an Ordinance would be the best instrument to bring before the Council. Mr. Larson then presented the Council with a copy of the Ordinance. Mr. Larson stated that there were written letters from all the utility companies. Mr. James stated that there were three conditions placed on approving the vacation of an easement by the Planning and Zoning Commission and asked Mr. Larson if those conditions would be met before final passage of the Ordinance. Mr. Larson agreed that they would. Those conditions were: 1) staff acceptance of ingress-egress legal agreement between Lots #63 and #61; 2) acceptable treatment of height of wall on east property line to -2- • • reduce height as much as possible; 3) vacation of existing utility and drainage easement. After discussion Sheila Davis moved approval of Ordinance No.#84-1, Series of 1984 AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, for first reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell and Don Buick. There were no nay votes. Greg Gage abstained. The motion carried. Resolution No.#84-6, A RESOLUTIO14 IN APPRECIATION OF THE MOUNTAIN MAN TRIATHLON PARTICIPANTS. The Mayor stated that this resolution would be mailed out to all the participants with their name entered into the resolution. Al Connell moved approval of Resolution No.#84-6, Series of 1984. The motion was seconded by Larry Kumpost and was unanimously carried. Resolution No.#84-7, A RESOLUTION IN APPRECIATION OF THE MOUNTAIN MAN TRIATHLON OF OTHER VARIOUS ORGANIZATION PARTICIPANTS. This resolution would be mailed out to all the organization participants with their name entered into the resolution. Don Buick moved approval of Resolution No.#84-7, Series of 1984. The motion was seconded by Larry Kumpost and was unanimously carried. The Town Attorney reported on the matter of Counsel for the Personnel Merit Commission. He requested a motion approving the appointment of Larry Rider as Counsel to the Personnel Merit Commission. A.J. Wells so moved. The motion was seconded by Sheila Davis. There being no further discussion the motion was unanimously carried. A.J. Wells moved to authorize the recording of proceedings before the Personnel Merit Commission transcription by a Court Recorder and further to authorize the subpoena of witnesses as may be necessary. The motion was seconded by Larry Kumpost and was unanimously carried. The Mayor stated that in regard to an appointment of an alternate for the Personnel Merit Commission, the Charter does not allow it. It was discussed earlier in the Council work session that the attorney would prepare an Ordinance amending the Charter subject to approval of the majority of the electors. The Acting Town Manager reported on the meeting of February 1, 1984, between the County Commissioners and some of the members of the Town Council. The first item discussed was the proposed office space in the Town Hall for the County Nurse. The term of lease would be two to -3- 0 • three years, the County would pay for leasehold improvements, the lease amount would be based upon the cost of debt service per square foot plus utilities. Cost per square foot for the debt servic is $12.60. Utilities would be $2.00 per square foot, the total coming to $14.60 per square foot. If 400 square feet are used it would be $5,840 for the year. Mr. James recommended that Council authorize the Town Attorney to draft a lease Agreement for providing office space to the County Nurse and to present the Agreement at the next regular meeting. A.J. Wells so moved. The motion was seconded by Don Buick and was unanimously carried. The Second item discussed was Animal Control. The possiblity was discussed to permit Avon to license dogs for the county. The Animal Shelter was discussed. The County is considering moving and improving the animal shelter into the Dowd Junction area and that Avon suggested a best efforts clause in an Agreement to participate in the construction and/or renovation of an Animal Shelter. After discussion Mr. James recommended that Council authorize the Town Attorney to prepare an Intergovernmental Agreement for Animal Control between the Town and the County. The council agreed. Other items discussed were; the Lift, it was the consensus that this matter be left in the hands of the Transportation Committee. Forest Service Land Trades; some of the uses for some of the land would be, public works facility, cemetery, church, etc. Eagle/Vail; the County discussed the conserns about the density of roads in Eagle/Vail and problems with snow removal and maintenance. There was discussion of Avon contracting with the County to provide these services and the feasibility of annexing Eagle/Vail into Avon in the future. Law Enforcement/Sheriff's Department was discussed: a) mutual aid; Avon expressed an interest in the County providing some assistance, if needed; Sheriff's Annex in Avon, possibly using the Avon Police Department as an annex for this area; Contract for Police Protection with the Sheriff's Office, possibly Avon would be interested in the County providing complete Law Enforcement services; Tract P was discussed; the current status of the land had not changed since their last meeting with the School District. It was agreed that joint meetings such as these between the Town and the County be scheduled at least twice a year. Jim Lamont approached the Council. He stated that Council had received a copy of the procedures that were being proposed for the Sign Code and that the Council would receive later in the week the design criteria and size standards. He stated that the Planning and Zoning Commission authorized him to approve a sign for the Roadcal properties subject to a re-design. He stated the sign was submitted which had the wording "Real Estate". Mr. Lamont stated that he rejected the sign because it placed it in the catagory of a Real Estate Sign. Mr. Lamont reported on the affordable housing committee. He stated he had given the Council two questionaires for review and input and that these would be discussed at the next work session of the Council. -4- • Discussion followed. The financial matters were next presented to the Council. A.J. Wells moved to receive items #1 through #14. The motion was seconded by Don Buick and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable for February 14, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. Don Buick moved approval of the Mall Maintenance Fund, Marketing/Promotions Fund, Transit Fund, Mall Construction Fund, Lift Fund, Capital Projects Fund Accounts Payable for February 14, 1984. The motion was seconded by A.J. Wells and was unanimously carried. A.J. Wells moved approval of the Reconciliation Sheet of Accounts Payable for February 14, 1984. The motion was seconded by Al Connell and was unanimously carried. The minutes of the January 24th and the Special Meeting of January 31, 1984 Council Meetings were next presented to the Council. Don Buick moved approval of the January 24th minutes with these corrections, page 2, 10th line change "form" to "forum", page 2, 18th line add, "which was mentioned but not discussed any further". With those corrections Al Connell seconded the motion and was unanimously carried. Larry Kumpost moved approval of the January 31st Special Meeting minutes. The motion was seconded by Greg Gage and was unanimously carried. Don Buick stated that he would draft a response letter to the letter of complaint that was received from Gloria Patton, Dick and Betty Chesley and Mike and Sue Denner. There being no further business to come before the Council Al Connell moved to adjourn. The motion was seconded by Don Buick. The meeting was adjourned by Mayor Allan Nottingham at 9:05 p.m. -5- 0 2 -R6sp65tfully Submi ed"e Patricia J. D e,TTown ~erk -6-