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TC Minutes 08-11-1987• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD AUGUST 11, 1987 - 7:30 P.M. The reguar 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 7:56 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Planning Consultant Jim Lamont, Police Chief Joe Olson, as well as members of the press and public. The Mayor called for Citizen Input. Fred Modders approached the Council. Mr. Modders was requesting that he be allowed to use his Belly Boat in Nottingham Lake. He stated that Belly Boats were used for fishing. He stated that there would be no body contact when using these boats. Mr. Modders then proceeded to demonstrate the equipment to the Council. After discussion, Councilman Watkins moved approval to amend the rules and regulations for Nottingham Lake, to allow windsurfing equipment, and to allow Belly Boats. The motion was seconded by Councilman Connell and was unanimously carried. Chief Joe Olson introduced Police Officer John Dodson and his wife to the Council. Officer Dodson was hired to the Avon Police Force on June 16, 1987. Second reading of Ordinance No. 87-18, Series of 1987, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO INCREASE THE AMOUNT OF THE ACCOMMODATION TAX The Accommodation Tax would be increased from 1.8% to 40, and this tax would become effective on and after November 1, 1987. Councilman Miller moved approval of Ordinance No. 87-18, Series of 1987 on second reading. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor called for a roll call. Those Councilmembers voting aye were Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. • 9 Second reading of Ordinance No. 87-19, Series of 1987, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO ALLOCATE REAL ESTATE TRANSFER TAX TO PUBLIC IMPROVEMENTS FUND. This Ordinance would allow that 1000 of the revenues from real estate transfer tax would be allocated to the Capital Improvements Fund. This would become effective January 1, 1988. Mr. James recommended that the last sentence in the Section 1 paragraph be left in. He stated there may be emergencies arise that the funds may have to be used. Councilman Miller moved approval of Ordinance No. 87-19, Series of 1987 on second reading. The motion was seconded by Councilman Davis. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The meeting was then opened for Council discussion. Councilman Watkins moved to amend the ordinance so it would coincide with the Town's Charter in respect to the determination of the requirement of passing an emergency ordinance. He recommended that it be changed to read, 7th line, after the word "by" add, "unanimous minus one vote of Councilmembers present." The motion was seconded by Councilman Connell and the motion carried unanimously. The Mayor called for a roll call on the main motion. Those Councilmembers voting aye were Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance.No. 87-20, Series of 1987, AN ORDINANCE AMENDING SECTION 10.14.060(G)OF THE TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO MAXIMUM SPEEDS WITHIN TOWN LIMITS AND BY THE ADDITION OF SECTIONS 10.18.010 THROUGH 10.18.060 AS IT PERTAINS TO MANDATORY USE OF SAFETY BELT SYSTEMS IN MOTOR VEHICLES AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Joe Olson recommended that in Section 10.18.040, that the paragraph be changed to read, "that any person who violates any provision of this ordinance shall be punished by a fine of ten dollars," and to delete, "and not more than five hundred dollars." Councilman Miller moved approval of Ordinance No. 87-20, Series of 1987 on first reading. The motion was seconded by Councilwoman Harrison. Councilman Connell opposed the ordinance in relation to the seat belt law. He felt that it was not necessary to pass this type of law for Avon. After discussion, the Mayor called for a roll call. Those Councilmembers voting aye were Steve Miller, Jerry Davis, Emilie Harrison and Gloria McRory. Those Councilmembers voting nay were Clint Watkins and Al Connell. The motion carried by a 4 to 2 vote. -2- • • First reading of Ordinance No. 87-21, Series of 1987, AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF FIRE PROTECTION. Joe Olson stated that Avon would be contracting with all six metropolitan districts to provide fire protection. It would be under the direction of the Town of Avon staff. He then reviewed and discussed the Intergovernmental Agreement with the Council. He stated that there were two items in.-the document that would probably be changed, 1) was the date on the front page of the document, and 2) would be the budget figure. Councilman Miller moved approval of Ordinance No. 87-21, Series of 1987 on first reading. The motion was seconded by Councilman Davis. Councilman Watkins asked why the cost of the Wildridge Station was not included in the agreement. Mr. Olson stated that they felt that there was some other ways to receive full utilization out of the Wildridge Station. He stated that they would staff cross-trained individuals that would work for the Town, who would be trained in more than just fire. He stated that the individuals that would be housed in the Station, would be required to pay utilities. He stated that the Avon Metropolitan District would have the responsibility of the upkeep of the Station. Councilman Watkins moved to amend the ordinance, that in Section 1, 2nd line, change "an" to "the", after the word, "agreement", add, "attached hereto." The motion was seconded by Councilman Connell and was unanimously carried. The Mayor called for a roll call on the main motion. Councilmembers voting aye were Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 87-17, Series of 1987, A RESOLUTION APPROVING A FINAL PLAT FOR A REPLAT AND RESUBDIVISION OF TRACTS Q AND R, AND LOT 20, BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK. Norm Wood stated that Jim Cunningham requested that this resolution be tabled. Councilman Miller moved to table Resolution No. 87-17, Series of 1987. The motion was seconded by Councilman Davis and was unanimously carried. -3- 0 • The Town Attorney report was next on the agenda. Mr. Dunn reported on the Peregrine Project. He stated that the Peregrine Trial would begin Wednesday, August 12, 1987, and follow through until the 18th of September, 1987. Mr. Dunn felt that the Decree of Foreclosure would be signed at the conclusion of the Trial and after_ the automatic fifteen day Stay, would be able to proceed with Sale of the property. He stated that. it would take approximately six weeks to schedule the Sale. The Sale should occur in mid-November, and then it would go into the Redemption periods. The Council discussed the Benchmark Covenants. They discussed the Architectural Review Committee and the elimination of such.\. Mr. Dunn stated that Linda Rodgers indicated that they were taking steps to eliminate that committee. Mr. Dunn indicated that there may be a relatively simple method of eliminating the existing covenants if there were no strong objectives from property owners. He stated it would require a lawsuit-to void..the_covenants by a_friendly property owner, and then notice to all Benchmark Subdivision property owners. If there was no objections too strenuously, the covenants could be removed by court action. If there was strong objections, just simply drop the lawsuit. The Council discussed the Deed Restrictions on property for the Town of Avon. Mr. Dunn stated that the legal fees for completing this would be approximately $10,000, or more. It was suggested to talk to Benchmark on this matter. It was also suggested to possibly look into the deletion of the Covenants in Commercial property versus Residential property. Councilman Watkins suggested that staff contact the Commercial Property owners to see if there would be any opposition to the deletion of the covenants restrictions. The staff would be coming back to the Council on this matter. The Town Manager reported on the budget schedule. He stated that the budget should be before the Council by September 18, 1987. He stated that they were making an effort to have the in-house five year plan to the Council also. The Town Manager reported on the TV Translator System. He stated that a resolution had been drafted to distribute to all municipalities and districts, to see if there was indeed real support for a TV Translator System for the area. He stated that these municipalities and districts consisted of Minturn, Redcliff, Vail; and then the six districts in this area; Avon, Eagle-Vail, Beaver Creek, Berry Creek, Arrowhead and Edwards. He stated that they were going to present the resolution to the various Boards for passage. He stated that there should be some type of commitment from the Boards, that they would agree to support the Town of Avon's effort. No action was taken. -4- r The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #10. The motion was seconded by Councilwoman Harrison and was unanimously carried. It was suggested that the Town of Avon funds should be distributed to all the local institutions. Councilman Watkins suggested that the Town of Avon Master Cards should not be used for personal expenses of the staff. Councilman Miller moved approval of the General Fund of Accounts Payable for August 11, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Connell mentioned the attorney's bill. He felt that it was out of line. The Town Manager stated that they will be looking at the attorneys fees and possibly have some suggestions. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for August 11, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. The minutes of the July 28th, 1987 Council Meeting Minutes were next presented to the Council. Councilman Miller moved approval of the July 28th minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. There being no further business to come before the Council, Councilman Watkins moved to adjourn. The motion was seconded by Councilman Miller. The meeting was adjourned by Mayor Nottingham at 9:21 p.m. RESPECTFULLY S Patricia J. D le, Town ler -5-