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-