TC Minutes 06-26-1984MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
JUNE 26, 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 Clint Watkins, Steve Miller, Sheila Davis,
A.J. Wells, Al Connell and Don Buick present. Also present were Town
kttorneys John Dunn and Art Abplanalp, Town Manager Bill James, Building
Administrator Dan Fogland, Planning Director Jim Lamont, Superintendent
of Public Works Dan Sunday, Chief of Police Joe Olson as well as members
of the press and public.
The Mayor called for Citizen Input.
rdr. John Donovan approached the Council. Mr. Donovan was concerned with
the way the bidding process was handled in regard to trash pickup. He
stated that even though he came in as the hir_h bidder by just a few dollars,
he felt that the Town should have considered his bid for the fact that
he has done in-kind services for the Town, that he does own property in
Avon and felt that the Town should consider a smaller contractor on some
of these bids rather than a large contractor who can come in at a lower
bid. He requested that Council consider his business in the future.
Councilman Wells stated that Mr. Donovan had some good points and
suggested that staff should listen. Mr. V7 ells asked Mr. James how the
bidding was handled. Mr. James stated that it was handled adr..inistratively,
that requests for proposals went out and that the lowest proposal
received the bid. After discussion the Mayor thanked Mr. Donovan for his
comments.
Second reading of Ordinance No.#84-6, Series of 1984, AN ORDINANCE CONCERNED
WITH PROHIBITING UNLAWFUL CONDUCT ON PUBLIC PROPERTY, AUTHORIZING THE
TOWN MANAGER TO ESTABLISH ORDERS, PULES AND REGULATIONS FOR THE MANAGEMENT
THEREOF, AND ESTABLISHING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE.
Clint Watkins moved approval of Ordinance No.#84-6, Series of 1984, on
second reading. The motion was seconded by Al Connell. The Mayor opened
the meeting for public hearing. There being no one wishing to be heard,
the Mayor closed the public hearing. The Mayor then opened the meeting
for discussion of the Council. There being no discussion forthcoming, the
Mayor closed the discussion. The Mayor called for roll call. Those
Councilriembers voting aye were: Clint Watkins, Steve Miller, Sheila Davis,
A.J. Wells, Al Connell and Don Buick. There were no nay votes. The
motion was unanimously carried.
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Second reading of Ordinance No.#84-7, Series of 1984, AN ORDINANCE
AMENDING CHAPTER 2.12 OF THE TOWN CODE OF THE TOWN OF AVON PERTAINING
TO THE POLICE DEPARTMENT OF THE TOWN.
Al Connell moved approval of Ordinance No.#84-7, Series of 1984 on second
reading. The motion was seconded by Don Buick. The Mayor opened the
meeting for public hearing. There being no one wishing to be heard,
the Mayor closed the public hearing. There being no discussion on the
ordinance the Mayor called for a roll call vote. Those Councilmembers
voting aye were: Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. The motion was
unanimously carried.
First reading of Ordinance No.#84-8, Series of 1984, AN ORDINANCE AMENDING
THE CHARTER OF THE TOW14 OF AVON AS IT PERTAINS TO THE DATE OF THE GENERAL
MUNICIPAL ELECTION.
The Town Attorney stated that it was at the request of the Council to
amend the Charter to change the regular election of the Town to the
general election day on even numbered years. Mr. Dunn stated that in order
to accomplish that,it was necessary to amend four sections of the Charter.
The Town Attorney reviewed the ordinance with the Council. After discussion
the Town Attorney requested that the Council table the ordinance so as to
allow more time for review and clarification of the ordinance. There were
concerns as to the Councilmembers terms of office and the six month
extensions of some of the Councilmembers.
Don Buick moved to table Ordinance No.#84-8, Series of 1984. The motion
was seconded by Al Connell and was unanimously carried.
First reading of Ordinance No.#84-9, Series of 1984, AN ORDINANCE PROVIDING
FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT
OF THE ORDINANCE ESTABLISHING WILDRIDGE SUBDIVISION AS A SPECIALLY
PLANNED AREA OF THE TOWN OF AVON.
Sheila Davis moved approval of Ordinance No.#84-9, Series of 1984 on
first reading. The motion was seconded by Clint Watkins. The Mayor
opened the meeting for discussion. Councilwoman Davis stated that this
item was scheduled for the Planning and Zoning Commission agenda for the
meeting of the 28th for consideration. There was a correction on page 2,
section 2, change "Block#3", to "Block#2". There being no further discussion
the Mayor closed the discussion. Those Councilmembers voting aye were:
Clint Watkins, Steve Miller, Sheila Davis, A.J. Wells, Al Connell and Don
Buick. There were no nay votes. The motion was unanimously carried.
The Town Manager requested that Ordinance No.#84-10, Series of 1984
regarding Transfer of Development Rights be deferred until later in the
meeting. -The Council agreed.
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Items under New Business of the agenda were next presented to the Council.
Resolution No.#84-23, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL
APPROVING CERTAIN RULES AND REGULATIONS GOVERNING ACTIVITIES IN AND
AROUND NOTTINGHAM PARK, THE AVON TOWN CENTER MALL, AND. MUNICIPAL COMPLEX.
The Town Manager stated that at the last meeting,the Council requested that
the resolution be tabled and that the Town Attorney re-structure some of
the park rules and regulations. He stated that that has been done and
that in regard to alcoholic beverages while in the vessel on the lake,
the insurance company would be reluctant to provide coverage on the
boats if alcohol would be allowed.
Don Buick moved approval to pass Resolution No.#84-23. The motion was
seconded by A.J. Wells. Lengthy discussion followed. Councilman Connell
requested that golf should not be exempted from. the park and felt that
rule (i) of the Nottingham Lake rules should be deleted. Councilman
Watkins stated that the rules in the resolution indicates that it apply
to all town property, he felt it should indicate to read that the rules
are meant for the park. In 2-c, he felt that hunting should be deleted
from that sentence, that g-1, after the word,"not" add, "unduly", page 2,
rule (g) should be deleted. Mr. Watkins felt that there should be no
set amount for vessels on the lake until there would be such a problem.
He stated that in regard to rule(j)that also should be deleted, that he was
in favor of wind surfing and stated that if the Water Board was the one
that does not allow surfina, then let them not allow it. He felt that
the Town should not pass a rule that forbids wind surfing. Councilman
Miller had concerns of where the Town would draw the line of who can
drink and who cannot. The Town Attorney stated that it would be very
difficult to try to stamp out consumption of alcoholic beverages in public
places.
The Mayor reminded the Council once again that the Avon Metropolitan
District was giving permission for the Town to use the lake for
recreational activities and felt that the Town should not take advantaa_,e.
Further discussion followed.
A.J. Wells moved to amend the motion to approve Resolution No.#84=23,..if
under paragraph I, restrict those rules and regulations to apply to
Nottingham Park, the Avon Town Center Mall and the Municipal Complex, that
under paragraph II, (i) be deleted, and change (j) to (i). The amended
motion was seconded by Clint Watkins and was unanimously carried.
Clint Watkins moved to amend the motion to delete 2-c under paragraph I of
the resolution and under 2-g(l)after.the word "not"-add "unduly". The
amended motion was seconded by Steve Miller. The Mayor called for
discussion.
Councilwoman Davis stated that if 2-c was deleted entirely, that she could
not go along with that motion. At that point Mr. Watkins change the 2-c
wording to read, "engaging in archery or golf, other than with a whiffle
ball in the area other than the soccer field". The amended motion was
seconded by Steve Miller and was unanimously carried.
Clint Watkins amended the motion to approve that on page 2 under paragraph
II, delete sub-paragraph 1-g and to delete wind surfing equipment in
1-j. The amended motion was seconded by Al Connell. Those Councilmembers
voting aye were: Clint Watkins and Al Connell. Those Councilmembers
voting nay were: Steve Miller, Sheila Davis, A.J. Wells and Don Buick.
The motion was defeated by a 4-2 vote.
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Sheila Davis moved to amend the motion that under paragraph II, that
1-g be deleted. The amended motion was seconded by Steve Miller and was
unanimously carried.
Don Buick moved to pass Resolution No.#84-23 as amended. The motion
was seconded by Al Connell and was carried with Clint Watkins opposing.
The next item on the agenda was the Wildridge Access Road to the National
Forest Service Lands/Plan presentation.
Be it noted that A.J. Wells and Allan Nottingham stepped down because of
conflict of interest. The Mayor Pro-Tem then proceeded. Norm Wood
presented the Council with the plans. He reviewed and discussed the plans
with the Council. He stated that the primary function of the proposed
road is to provide access to an existing four wheel drive trail located
immediately north of Wildridge on National Forest Service Land. The road
would be constructed by Wildridge Development at no cost to the Town.
This trail is currently an authorized exit point from North Point Road.
This uncontrolled access road is resulting in damage to both public and
private properties. The proposed access road should eliminate this
problem.' Mr. Wood stated that due to the lack of Town standards regarding
this type of road, he recommended that the Town Council take official
action approving the plans and allowing construction of the access road.
After discussion Steve Miller moved approval of the access road as
recommended. The motion was seconded by Clint Watkins and was carried with
A.J. Wells and Allan Nottingham abstaining.
Resolution No.#84-26, Series of 1984, A RESOLUTION SUPPORTING HOME MAIL
DELIVERY WITHIN THE 'OWN OF AVON AND SURROUNDING AREA.
The Town Manager stated that the resolution was drafted at the request of
the Planning and Zoning Commission to show that the Town Council would
support Home Mail Delivery. Councilman Watkins felt that the resolution
was some what misleading about home delivery and also the time frame to
construct a new facility was excessive.- He felt that the people should
be encouraged to fill out the questionnaire and state their preference.
Councilman Wells felt that the Town should do something to relieve the
congested area and that this might be the direction to go.
Greg Gage, resident of Avon, stated that Avon Center was scheduled for
the Planning and Zoning Commission meeting this Thursday to present
their new Darking plans.
After discussion Al Connell moved approval of Resolution No.#84-26. The
motion was seconded by A.J. Wells. Those Councilmembers voting aye were:
Sheila Davis, Al Connell and A.J. Wells. Those Councilmembers voting nay
were: Clint Watkins and Steve Miller. Don Buick abstained. The motion
carried by a 3-2 vote.
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Next on the agenda was the appointments of two Planning and Zoning
Commission Members. The Mayor stated that interviews were held that
afternoon and that Council was ready to make their selection. There
was some discussion on whether the voting should be done by ballots
or by a roll call vote. It was the desire of the Council to vote by
roll call vote. Each Councilmember would vote for two candidates to
fill the positions. Clint Watkins stated that he was pleased to see
eleven interested people apply and that they were all very well
qualified. He stated that there were five of them that were residents,
and he felt that the Council did not have to go outside the Town
boundaries to have people serve on the Planning and Zoning Commission.
Mr. Watkins cast his vote for Jeff Maddox and Charles Gersbach; A.J.
Wells voted for Cheryl Dingwell and Mike Blair; Don Buick voted for
Mike Blair and Cheryl Dingwell; Al Connell voted for Jeff Maddox and
Charles Gersbach; Sheila Davis voted for Cheryl Dingwell and Mike
Blair; Steve Miller voted for Charles Gersbach and Cheryl Dingwell;
Allan Nottingham voted for Mike Blair and Cheryl Dingwell. At that
point Don Buick moved to appoint Mike Blair and Cheryl Dingwell to the
Planning and Zoning Commission. The motion was seconded by A.J. Wells
and was unanimously carried. The new members terms would be effective
as of July 12, 1984.
The Town Manager reported on the wind surfing and kayaking on the lake.
He stated that he felt that this item was discussed at length in regard
to the park rules and regulations. Mr. James stated that the Avon
Metropolitan District would not allow wind surfing and kayaking on the
lake.
The Town Manager reported on Tract P. He stated that he had prepared an
outline of various items that Art Abplanalp, Chuck Schwahn and Duane
Davis put together. These items contained topics and contracts that need
to be addressed. Mr. James stated that Mr. Abplanalp had also prepared
a memorandum.. in regard to the obligations and benefits of Tract P.
(See memorandum dated June 22, 1984 by Bill James and the memorandum dated
June 18, 1984 by Art Abplanalp, re: Modifications of Tract P F.greement).
Mr. James stated that these were updates and directions in which they
were preceding for Tract P. Councilman Watkins asked if the Town Manager
had made any inquiries to Benchmark on whether or not they would be
willing to deed any interest they have on Tract P to the Town at this
point. The Town Manager stated that he had not approached them. He did
state that Avon Metropolitan District was supporting the consolidated
plant and that there was a meeting scheduled to go over the final figures.
The Town Manager reported on the health and dental insurance renewal.
The renewal date is July lst, 1984. After obtaining quotes from other
carriers, the present carrier- submitted the best premiums. Mr. James
reviewed the new premium figure increases and the possibilities of
two options; 1) that employees contribute toward the premiums; 2) that
they raise the deductible from $100 to $150 per individual or $450
for a family. That would increase the premium for this year 14% instead
of 25% and it would cost the employee $50 more per year, if the employee
has claims for single coverage or $150 for family coverage.
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Mr. James recommended that the Town
Company and that the deductible be
Sheila Davis so moved. The motion
unanimously carried.
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renew its policy with SafeCo Insurance
raised from $100 to $150.
was seconded by Al Connell and was
The Town Manager reported on the Jerry Ford Invitational. He stated that
Mr. Barrett was to contact each of the Councilmembers and to encourage
the Town to participate in the golf event. He wanted to convey to
the Council that it wasn't the need of the $6,000, but the support of
Avon. Mr. James stated that Mr. Barrett would push to have the Bar-B-Q
here at Nottingham Park next year. Mr. Barrett indicated that Avon could
have an exclusive banner at the Bar-B-0 at Vail and would be the exclusive
agent sponsoring the Bar-B-Q. It was also stated that Avon would be
named in the brochure.
Lengthy discussion followed. It was stated that Avon would be given
some passes to all the events. Steve Miller moved approval of the
expenditure of $6,000 for the Bar-B-0 and would advise the committee
to pursue the Bar-B-Q next year irk Avon. The motion was seconded by
A.J. Wells. Councilman Watkins stated that he would like to see in-kind
service support given to them and not the money being that they do not
need the funds. A vote was taken with Steve Miller, Sheila Davis, A.J.
Wells and Don Buick voting aye, Clint Watkins and Al Connell voted nay.
The motion carried by a 4-2 vote.
A.J. Wells moved to appoint Don Buick to the banner committee. The
motion was seconded by Sheila Davis and was carried with Don Buick
abstaining.
A.J. Wells moved to authorize Don Buick and the Town Manager to add up
to $500 to whatever the budget would be forthcoming from Vail Foundation.
The motion was seconded by Steve Miller and was carried with Clint Watkins
voting nay.
Councilman Wells requested an update report on the street sweeping and
the seal coating and striping of West Beaver Creek Boulevard. Mr.
Sunday stated that the street sweeping would begin next Sunday, July lst.
Mr. Wood stated that it would. be better if they went ahead and sealed
the road at this time of the year, that it would give a better seal.
After discussion A.J. Wells moved to have West Beaver Creek Boulevard
swept, re-strip the Boulevard in the proper places with the large bike
and the walking path on the south side and the other strips painted
black and to delay the sealing until the spring of 1985. The motion
was seconded by Al Connell and was unanimously carried.
The restrooms should be completed by July 1st. The Log Cabin and other
park improvements should:-be^completed-for the'Balloon-and Bluegrass
Festival.
The Mayor stated that the Council had before them a Proclamation
"Recycle Now". The proclamation was from the newly elected Director
of Recycle. They were requesting that Avon proclaim July 15th to the
22nd as "Colorado Recycle Week". Al Connell moved to pass the
proclamation and that Avon become part of it. The motion was seconded
by Don Buick and was unanimously carried. A copy of the proclamation
would be given to the press.
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The Financial Matters were next presented to the Council.
A.J. Wells moved approval to receive items #1 through #9. The motion
was seconded by Sheila Davis and was unanimously carried.
Clint Watkins moved approval of the General Fund Accounts Payable for
June 26, 1984. The motion was seconded by A.J. Wells and was unanimously
carried.
Sheila Davis moved approval of the Capital Projects Fund, Transit Fund,
Lift Fund of Accounts Payable of June 26, 1984. The motion was
seconded by Don Buick and was unanimously carried.
Clint Watkins moved approval of the Reconciliation of Accounts Payable
of June 26, 1984. The motion was seconded by Al Connell and was
unanimously carried.
The reading and approval of the June 12th Council Meeting was next
presented to the Council. Clint Watkins moved approval of the June
12th meeting minutes. The motion was seconded by Steve Miller and was
unanimously carried.
The Council recessed at 10:00 p.m. and reconvened at 10:15 p.m.
First reading of Ordinance No.#84-10, Series of 1984, AN ORDINANCE TO
PROVIDE FOR THE ESTABLISHMENT OF A SYSTEM TO GOVERN THE ADMINISTRATION
OF TRANSFERS AND DIVISIONS OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON,
COLORADO, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND DIRECTING
DEVELOPMENT OF A COMMUNITY MASTER PLAN.
Jim Lamont stated that ordinance No.#84-10 was an ordinance that governs
the transfer and division of development rights. Mr. Lamont read and
discussed the ordinance with the Council. A lengthy discussion followed.
It was suggested to receive input from the Upper Eagle Valley Sanitation
District in regard to their sewer and tap fees in regard to TDR'S.
Jim Lamont summarized the direction given by the Council that was needed
for the changes in the ordinance. 1) to separate out the discussion of
allocations of TDR'S to proposed territories; 2) to clean up some of the
confusing language regarding multi-family; 3) to add the definitions of
the system with the existing definitions of the zoning code.
Don Buick moved to table Ordinance No.#84-10. The motion was seconded
by Al Connell and was unanimously carried.
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Councilman Miller thanked KGMJ and
assistance in sponsoring the Summer
Park and Recreation Department, the
for their assistance in making the
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Heritaae Cablevision for their
Solstice and complimented the
Police Chief and the local media
Summer Solstice a great success.
There being no further business to come before the Council Al Connell
moved to adjourn. The motion was seconded by Don Buick. The Mayor
adjourned the meeting at 11:30 p.m.
Respectfully Submitted:
Approved:
Patricia J. Doyl(g/, Town Cl(/fk
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