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TC Minutes 07-10-1984MINUTES #THE REGULAR AVON TOWN COU OIL MEETING JULY 10, 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 7:41 p.m. A roll call was taken with Clint Watkins, Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Steve Miller was absent. Also present were Town Attorney John Dunn, 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. He stated that Mr. Ted Martin, Director of the Mountain Man Triathlon would be deferred until later in the meeting. There being no discussion under Citizen Input, the Mayor closed the discussion. Second reading of Ordinance No. #84-9, Series of 1984, AN ORDINANCE PROVIDING FOR THE AMENDING 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 second reading. The motion was seconded by A.J. Wells. 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, the Mayor closed the discussion. Those Councilmembers voting "aye" were: Clint Watkins, 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 TOWN OF AVON AS IT PERTAINS TO THE DATE OF THE GENERAL MUNICIPAL ELECTION. The Town Attorno stated that the changes Ore as follows: Amendment 2(a), 13th line, delete "November 6, 1986", add "the first Tuesday after the first Monday in the year 1986, and the terms of office of the Councilmembers elected at the regular municipal election, held on May 8, 1984, shall extend to the regular municipal election to be held on the first Tuesday after the first Monday in November in the year 1988". Amendment 3(b) was added as a new paragraph, and deals with staggering the terms of the Councilmembers and was also a companion to paragraph 4(c). In Amendment 3 (b), change "May" to "November", and change "four(4) Councilmembers" to "three(3) Councilmembers"; in Amendment 4(c), change "May" to "November". In Amendment 5(d), 9th line, change "1979" to 111978"; 10th line, change "additional" to "addition". A new sentence was added to paragraph 5(d), and reads as follows: "Councilmembers who are serving prior to the regular municipal election, to be held on the first Tuesday after the first Monday in November in the year 1986, shall have an additional six months added to their terms of office". Sheila Davis moved approval of Ordinance No. #84-8, Series of 1984, on first reading with the corrections in 3(b) and 4(c). The motion was seconded by Al Connell. There being no further discussion, the Mayor called for a roll call vote. Those Councilmembers voting "aye" were: Clint Watkins, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no "nay" votes. The motion was unanimously carried. Resolution No. #84-25, Series of 1984, DEDICATION OF PUBLIC ACCESS EASEMENT IN TRACT I, BLOCK #3, WILDRIDGE, TOWN OF AVON, COLORADO. Be it noted that Allan Nottingham and A.J. Wells stepped down because of conflict of interest. The Mayor Pro-Tem then proceeded with the meeting. Norm Wood reviewed the resolution with the Council. He stated that Art Abplanalp had reviewed the description, easement, dedication, and the resolution, and they appeared to be in order. Don Buick moved approval of Resolution No. #84-25, Series of 1984. The motion was seconded by Clint Watkins and was carried, with Allan Nottingham and A.J. Wells abstaining. Resolution No. #84-29, Series of 1984, A RESOLUTION IN APPRECIATION OF WILLIAM PIERCE FOR HIS SERVICES ON THE PLANNING AND ZONING COMMISSION. The resolution was read by the Clerk in its entirety. Clint Watkins moved approval of Resolution No. #84-29, Series of 1984. The motion was seconded by Don Buick, and was unanimously carried. 2 0 • Resolution No. #84-27, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR PLACEMENT OF A MICROWAVE ANTENNA ON LOT #35, BLOCK #1, BENCHMARK AT BEAVER CREEK SUBDIVISION. Be it noted that Sheila Davis stepped down because of conflict of interest. Norm Wood reviewed the resolution with the Council. He stated that the request was to place a microwave antenna on Lot #35, Block #1, Benchmark Subdivision, which was located at the warehousing on Metcalf Road. The proposed location was at the southwest corner of the southerly building on the lot. He stated that, at the June 28th Planning & Zoning Commission meeting, the Board gave approval of that site, with the condition that Heritage Cablevision would not have any right to restrict development on building in that area which might interfere with the microwave signals. Mr. Wood stated that there was also a variance request for the antenna to encroach into the side lot setback. A condition was attached and stated that two 4 x 4 wooden posts be placed on each side of the microwave dish to prevent people from walking under the equipment. Mr. Wood recommended approval of Resolution No. #84-27. Clint Watkins moved approval of Resolution No. #84-27, as presented. The motion was seconded by Al Connell and was carried, with Sheila Davis abstaining. The Town Attorney reported on the Blodgett litigation. He stated that he had been in contact with the insurance carriers. He stated that he had obtained an extension of time, until Monday, in which to file an answer. There were three separate claims; 1) Breach of contract, 2) Civil Rights violation, 3) Defamation. Mr. Dunn stated that the Town Manager directed him to proceed, on behalf of the Town, to defend the Town. Councilman Wells reminded the attorney of the written evaluation of Mr. Blodgett, that was done in October, and asked him to consider that document. The Town Manager reported on the TDR's. He stated that, at the last meeting, there were several suggestions made by Council regarding the last ordinance on TDR's. He stated that those suggestions were taken into consideration, and that Art Abplanalp had put together another drafted ordinance. He stated that the ordinance would be sent out to the Upper Eagle Valley Sanitation District Board, as well as the Avon Metropolitan District Board, and that the issue would be reviewed on July 18th. Mr. James stated that he would report back to the Council at the July 24th Council meeting. 3 9 • The Town Manager reported on the use of the Council Chambers, on September 11th, 1984, for the Primary Election. The County Clerk's office had looked at the Log Cabin for a possibility of using the Cabin for the primary election, but decided that it was too small to handle the two precincts (4 & 15). Mr. James stated that, if the Council wanted to allow that activity in the Chambers on a Council meeting day, the Council would need to approve moving the meeting to Wednesday, September 12th. After discussion, Clint Watkins moved to change the Council meeting date from Tuesday, September 11th, to Wednesday, September 12th. The motion was seconded by Al Connell, and was unanimously carried. Next on the agenda was a status report on Tract P. Mr. James stated that Art Abplanalp was finalizing the sections in the County Contract that needed to be amended to allow the school district to deed over approximately 3 1/2 acres of Tract P to the Town of Avon for use as recreational facilities and a water treatment plant facility. The revised contract would then be mailed out to all the interested parties, and a meeting would be scheduled, the week of August 6th, to review and reach an Agreement on the Amendments. He stated he hoped to present the Agreement to the Council for approval on August 14th. Mr. James stated that the street sweeping should be finished in a couple of days. There was a delay, due to equipment failure. The restriping on West Beaver Creek Blvd. should start July 11th, and be finished by the end of the week. The Log Cabin, park restrooms, and landscaping around the Municipal building should be completed by July 31st. The sprinkler failure was caused by rocks and pebbles edging into the sprinkler system. This was caused by last fall's construction of the lighting system around the park. Mr. James also stated that the water pump went down and was being replaced. The system should be operating by July 11th. Mr. James reported on the weeds around Town. The cutting of weeds was delayed, due to equipment failure. He stated they would go ahead and move in another contractor tomorrow, if needed. He stated that the State of Colorado was contacted in regard to mowing their right-of ways. The State informed Mr. James that they have started in Gypsum and were working their way, up I-70, toward Avon. 4 0 The discussion of the Kiva Tennis Classic was next presented to the Council. Mr. Chaz Coats approached the Council. He stated that the tournament this year would generate 4 days of tennis, 10 well-known tennis players, and should bring 8,000 people into the area. Mr. Coats stated that they need Avon's support. Mr. Coats stated that $1,500 would buy a Silver Box, which would seat four people; $2,500 would buy a Gold Box, which would seat six people. He stated that the Town's recognition would be a special appreciation ad in the program. There would be an invitation to the Classic Party at Eagles Nest, access to the Kiva Club, special parking privileges, a special sign, on site, recognizing the name of the box seat holder, and an individual sign on the box, listing the Town of Avon. After discussion, Sheila Davis moved approval to allocate $2,500 for the Kiva Tennis Classic. The motion was seconded by A.J. Wells, and unanimously carried. The Town Manager reported on the Budget and the Five Year Plan. He stated that there were several alternate approaches to consider in regard to the progress of the budget and the Five Year Plan. He stated that Council would have to define and identify the direction in which the Town wants to go. Mr. James reviewed the process with the Council in regard to Budget, Public Improvements Program, and General Goals for 1984-1985. He also reviewed the time table and a number of ways the Council could approach some of these areas (see memorandum dated July 6, 1984, by Bill James). After reviewing the memorandum, Mr. James suggested that Council review the areas and determine which area would be suitable for them, and possibly have input at the next Council meeting. No action was taken. The Mayor stated that there was one other item that should be included into the Public Improvements Program, which was additional parking for the park events. The Financial matters were next presented to the Council. Don Buick moved to receive items #1 through #8. The motion was seconded by Al Connell, and unanimously carried. Clint Watkins moved approval of the General Fund Accounts Payable of July 10, 1984. The motion was seconded by Sheila Davis, and unanimously carried. 5 0 0 A.J. Wells moved approval of the Transit Fund, Capital Projects Fund Accounts Payable of July 10, 1984. The motion was seconded by Al Connell, and unanimously carried. Al Connell moved approval of the Accounts Payable of July 10, 1984. by Don Buick, and unanimously carried. Reconciliation Sheet The motion was seconded At that point, Judy Lofland was introduced to the Council. She is the Director of the Upper Eagle Valley Chamber of Commerce. The minutes the Council. meeting with last line, correction, unanimously of the June Al Connell the followin change "Don A.J. Wells carried. 26th meeting were next presented to moved approval of the June 26th g correction: Page 4, second to the Buick" to "A.J. Wells". With that seconded the motion and it was It was requested to check with the insurance company to see if the Councilmembers could be part of the insurance group policy, if they would pay their own premiums. It was requested to also check with the Town Attorney. Ted Martin, with the Mountain Man Triathlon, approached the Council. He stated that they have put together a promotional tape, and would be distributing the tape to major companies such as Northface, major beer manufacturers, and major soft drink manufacturers. Mr. Martin discussed and reviewed the Marketing Plan that would be used for 1985. He stated that a full time staff would be necessary to run the event next year. He stated that he has been rehired to run the event for next year. The Council then reviewed the 16 minute promotional tape. The Mayor thanked Ted Martin, and stated that he had done an outstanding job. There being no further business to come before the Council, Sheila Davis moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned by Mayor Allan Nottingham 6 at 9:25 p.m. 9 6 ully Submitt d: R kcriia tf J.. oyle, Town Clerk