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TC Minutes 05-15-1984MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MAY 15, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon 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, Town Manager Bill James, Director of Public Works Norm Wood, Building Administrator Dan Fogland, Superintendent of Public Works Dan Sunday, Steve Miller and Clint Watkins newly elected Councilmembers as well as members of the press and public. The Mayor stated that the first part of the meeting would be dedicated to finishing the affairs of the present Council. The Mayor then proceeded to take care of the unfinished business at hand. The Financial Matters were presented to the Council. A.J. Wells moved to receive items #1 through #18. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of the General Accounts Payable of May 15, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells moved approval of the Mall Maintenance Fund, Marketing- Promotions Fund, Lift Fund, Debt Fund, Capital Projects Fund and Transit Fund of Accounts Payable of May 15, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. Sheila Davis moved approval of the Reconciliation of Accounts Payable of May 15, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. Sheila Davis moved approval of the Captial Projects Accounts Payable of May 15, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. The minutes of the April 24, 1984 meeting was next presented to the Council. A.J. Wells moved approval of the April 24th meeting minutes with these corrections, page 2, paragraph 2, line 3, change to read, "The motion carried with Allan Nottingham and A.J. Wells abstaining", paragraph 5, line 3, change "deal" to dealt", page 3, paragraph 2, line 5, change "the" to "to", paragraph 3, line 15 change "or" to "for", page 5, paragraph 1, line 2, after the word "tenure" delete the period, delete "be kept". With those changes Don Buick seconded the -1- • motion and was unanimously carried. • The Town Attorney reported on Lots #20,21. He stated that the public sale was held on April 30, 1984. The amount of $17,100 was the highest bid. The bid was presented by Steven MacDonald and John Appleby. The deed has been signed by the Commissioner and delivered to MacDonald and Appleby and in connection with that the sale has been approved by the court. Mr. Dunn stated he has filed a motion with the court to dispense the $17,100 paid to the registrar of the court. The Town will receive back $10,072.62 representing its dispersements in connection with the sale as well as its half share. The defendants who appeared in the case will be paid $351.37 each. He stated there is $4,919.16 left over which cannot be paid because they cannot locate the people involved. Mr. Dunn proposed that a notice be published of the fact that the money is being held and that the matter be deferred until September 1, 1984 to give any persons who did not appear in the case, an opportunity to come forward and claim their share of the money. If the money is not claimed the money should be paid back to the Town to compensate the Town for other expenses. Mr. Dunn stated he would hope that this matter would be completed by the next regular Council Meeting except for the $4,919.16. The Mayor thanked Mr. Dunn for his report. The Mayor thanked Greg Gage and Larry Kumpost for their many donated hours and much knowledge toward the success of the Town. The Mayor wished them the best in their future endeavors. The two outgoing Councilmembers then stepped down from the podium. The Clerk read the names of the newly elected Councilmembers: A.J. Wells, Steve Miller and Clint Watkins. At that point Judge Buck Allen swore in the newly elected Councilmembers. The new Councilmembers took their seats on the podium. A roll call was then taken of the new Council. Don Buick, Al Connell, A.J. Wells, Clint Watkins, Sheila Davis and Steve Miller present. The nominations were open to elect a Mayor for the Town of Avon. Don Buick moved to nominate Allan Nottingham for Mayor. Clint Watkins moved to nominate Al Connell for Mayor. Being that there were no further nominations Don Buick moved to close the nominations. The motion was seconded by A.J. Wells and was unanimously carried. A roll call vote was taken with Don Buick, A.J. Wells, Allan Nottingham, Sheila Davis and Steve Miller voting for Allan Nottingham, Clint Watkins and Al Connell voting for Al Connell. Allan Nottingham was elected Mayor for the Town of Avon by a 5-2 vote. The election for a Mayor Pro-Tem for the Town of Avon was next on the agenda. A.J. Wells moved to nominate Sheila Davis for Mayor Pro-Tem. -2- • • There being no further nominations Don Buick moved to close the nomina- tions. The motion was seconded by Steve Miller and was unanimously carried. A roll call vote was taken with Don Buick, Al Connell, A.J. Wells, Allan Nottingham, Clint Watkins, Sheila Davis and Steve Miller voting for Sheila Davis. Sheila Davis was elected Mayor Pro-Tem by a unanimous vote. The first item up for the new Council was Resolution No.#84-16, Series of 1984. A RESOLUTION OF A TOKEN OF APPRECIATION AND SINCERE THANKS OF THE COUNCIL TO LAWRENCE C. KUMPOST FOR HIS SERVICE AND CONTRIBUTIONS TO THE TOWN. The clerk read the resolution in its entirety. A.J. Wells moved approval of Resolution No.#84-16, Series of 1984. the motion was seconded by Al Connell and was unanimously carried. A certified copy of the resolution would be sent to Lawrence Kumpost. Resolution No.#84-17, Series of 1984, A RESOLUTION OF A TOKEN OF APPRECIATION AND SINCERE THANKS OF THE COUNCIL TO GREGORY GAGE FOR HIS SERVICE AND CONTRIBUTIONS TO THE TOWN. The clerk read the resolution in its entirety. Don Buick moved approval of Resolution No.#84-17, Series of 1984. The motion was seconded by Sheila Davis and was unanimously carried. A certified copy of the resolution would be sent to Gregory Gage. The Mayor then introduced the new Councilmembers to the press and public. The Council recessed at 8:15 p.m. and reconvened at 8:35 p.m. Councilmember Buick requested that the Clerk reverse the roll call of the Council to every other time so that the same Councilmembers are not voting first all the time. The Clerk agreed. The Mayor reported on the Colorado Municipal League Conference (CML). The conference will be held in Vail, CO on June 19-23. The Mayor stated that he would like to see as many Councilmembers attend as possible. Resolution No.#84-18, Series of 1984, A RESOLUTION EXPRESSING APPRECIATION FOR THE SERVICES OF THOSE CITIZENS WHO HAVE SERVED AS -3- • 0 JUDGES AND CLERKS AT THE MUNICIPAL ELECTION ON MAY 8TH, 1984 AND AUTHORIZING PAYMENT FOR THEIR SERVICES. Al Connell moved approval of Resolution No.#84-18 with the correction of "Margaret" being made in the resolution. The motion was seconded by Sheila Davis and was unanimously carried. The Town Attorney reported on the litigation in regard to Dick Blodgett. He stated that there were several claims included in the complaint. Those claims were: violation of Mr. Blodgett's constitutional rights and that he was guilty of misfeasance, malfeasance or nonfeasance of office. Also that Mr. Blodgett was discharged without four months severance pay. Mr. Dunn stated besides the addition to the severance pay of $14,300, Mr. Blodgett was claiming a penalty for wrongfully withholding termination pay in the amount of $7,150 which is half of the amount of the claim. The other claims are: Damage to reputation due to libelous slanderous statements ($1,000,000), deprivation of property or liberty without due process of law ($1,000,000). Mr. Blodgett was also claiming that the Council acted in an executive session on January 30, 1984 and was claiming that the actions of the Council in terminating him at that time were invalid. Mr. Dunn stated that in view of the fact that the major claims are covered by insurance, he has forwarded the complaint to the insurance company. He stated that the insurance company would not defend the Breach of Contract and therefore would be necessary for him to be involved in the case to look after that particular claim. Mr. Dunn stated that he would report back to the Council when he has heard from the insurance company. The Town Manager reported on the Planning and Zoning Commission Members terms. He stated that with Clint Watkins' resignation from the P & Z that the Board is down to five members because Jim Meehan has resigned also. He stated that on occasion there have been Board Members absent which would leave the Board without a quorum. Mr. James stated that the Board is requesting that the Council consider somebody to be appointed temporarily until July 1st when the permanent members would be appointed. Councilman Watkins suggested advertising for applicants and aprcl►,t one permanent member for Jim Meehan's position now and a member to fill out the rest of his term at next Tuesday's meeting rather than make the appointments temporarily. Councilman Miller stated he felt comfortable with appointing two members out of the three applicants that have applied; Larry Kumpost, Mark Donaldson and Cheryl Dingwell. After discussion Clint Watkins moved to wait until next Tuesday's meeting to appoint two members to the Planning and Zoning Commission and that we advertise for those vacancies. Discussion followed. Clint Watkins moved to amend his motion to advertise for all four vacancies with two members to be appointed next Tuesday and the other two members to be appointed on July 10, 1984. The motion was seconded by Sheila Davis and was unanimously carried. -4- • • The Town Manager reported on Tract P. He stated that the discussions and concerns were whether its an appropriate site for a school and also the period of time that the school district may use that site for a school in the future. He stated the Schoui 3oard and Chuck Schwahn have hired Mr. Hugh Wolff with the University of Colorado to review Tract P as an appropriate site for a school. A meeting has been scheduled for May 23rd at 8:00 a.m. with Mr. Wolff, Chuck Schwahn and Mr. James. Mr. James stated he felt the school district has shown a lot of cooperation in this matter. He requested that Council agree to give him some time and wait until Mr. Wolff evaluates the site and submits his report and to hold off on discussion of Tract P until that time. Councilman Watkins stated he did not want to put off talking about the Town's position in regard to Tract P until that report was submitted. He felt that there were other questions regarding Tract P that needed to be discussed in addition to whether or not it is a good school site. Councilmember Davis suggested that a member of the water district attend the meeting on the 23rd. Mr. Watkins stated he would like to have discussion fairly soon as to the Town's ownership rights on Tract P and would like to see it discussed in a regular session and not a work session. Councilman Buick felt that a work session would be appropriate. Councilman Connell agreed with Mr. Buick. Councilwoman Davis felt that the Council should set back and wait for the report to come in. Councilman Miller moved to table any specific discussion regarding Tract P until the documented report from Mr. Wolff was in. The motion was seconded by Sheila Davis. Further discussion followed. The Mayor called for a vote. The motion was carried with A.J. Wells abstaining because of conflict of interest and Allan Nottingham abstaining from discussion. Councilman Watkins requested that any discussion forthcoming in regard to TDR'S that post card notices be sent out to the interested parties that participated in the early meetings of the Master Plan. Councilman Connell stated that discussion of the Post Office regarding house to house delivery was scheduled for the May 24th Planning and Zoning Meeting and that any and all interested parties should attend. Councilman Miller stated that in regard to the clean-up weekend that it looks like it should be very successful. He invited all residents to participate. -5- 0 0 Lyle Carmony approached the Council. He had concerns with the on going problem of dogs running at large. He requested that positive action be taken. Dan Sunday, Superintendent of Public Works, approached the Council. He stated that dog control programs have been instituted and that the number of citations have been substantial. The ordinance changes have been prepared and would be presented at the May 22nd Council meeting. Al Stull, resident of Avon stated possibly the ordinance should be amended to allow the dog control officer to enter onto private property to pick up the running dogs. Councilman Miller suggested that Mr. Sunday research the specifics in regards to our ordinance and how it is handled within the Public Works Department and the Police Department as well as researching what the County affords the Town to see if it is indeed enough. Discussion followed. No action was taken. There being no Davis moved to Mayor adjourned further adjourn. business to The motion the meeting at 9:15 AJVa" come before the Council Sheila was seconded by Al Connell. The -6- z ~ 4~