TC Minutes 11-09-1982• 0
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON COUNCIL
HELD NOVEMBER 9, 1982 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon, Colorado was held in the
Municpal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Allan Nottingham at 7:45 p.m. A roll call was
taken with Larry Kumpost, Sheila Davis, A. J. Wells, Al Connell, Greg Gage and John Blish present.
Also present were John Dunn Town Attorney, Town Manager Dick Blodgett, Town Planner Dick
Kvach, Finance Director Bill James as well as members of the press and public.
First item on the agenda was the reading and approval of the minutes of the October 26, 1982
meeting. John Blish moved approval of the minutes with these corrections: page 1, change
"soly" to "solely", page 3, change "Dunn" to "Swift", page 4, change "substitutional" to
"substitution of". With those corrections A.J. Wells seconded the motion. Those Council-
members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and
John Blish. There were no nay votes. The motion was unanimously carried.
The Financial Matters were next presented to the Council. The Cash Account Balance Sheet
was presented for discussion. A.J. Wells moved approval of the Cash Account Balance Sheet.
The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay
votes. The motion was unanimously carried.
Sheila Davis moved approval of items 2 through 6 regarding revenues. The motion was seconded
by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage,
A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously
carried.
The Revenue and Expenditures Sheet was next presented to the council. Councilman Wells asked
if the sheet included the up-to-date 1982.revised b.udget.figures. Mr....Jame.s.stated that it.
did not. After discussion the Town Attorney stated that a Resolution be prepared to specifi-
cally adopt the amended budget and present it at the next regular meeting. A.J. Wells moved
to disapprove the Revenue and Expenditure Sheet. The motion was seconded by John Blish. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell,
and John Blish. There were no nay votes. The motion was unanimously carried.
The Cosgriff, Dunn & French bill was discussed. After discussion A.J. Wells moved approval
of the attorney's bill, item #8. The motion was seconded by Larry Kumpost. Those Council-
~embers voting aye were Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and
I~Tohn Blish. There were no nay votes. The motion was unanimously carried.
ohn Blish moved approval of the payment to Western Weather Consultants, Inc. pursuant to
heir statement dated October 29, 1982. The motion was seconded by A.J. Wells. Those Council-
embers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and
John Blish. There were no nay votes. The motion was unanimously carried.
.J. Wells moved approval of the Public Works Accounts Payable in the amount of $70,292.00
or payment of 1980A Bonds payable to the United Bank of Denver. The motion was seconded by
John Blish. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage,
.J. Wells, Al Connell, and John Blish. The motion was unanimously carried.
ohn Blish moved approval of the General Fund Accounts Payable. The motion was seconded by
arry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage,
J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously
arried.
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A.J. Wells moved approval of the reconciliation sheet of November 9, 1982. The motion was
seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was
unanimously carried.
Jim Bennett of U.S. Home Corporation, approached the Council. He stated that they had just
recently made a transaction in their company and stated he would like to present the Town
with the first of the transfer tax that they had agreed to in the Subdivision Agreement for
time-share. The check was in the amount of $202,500. The Mayor and Council thanked Mr.
Bennett.
First reading of Ordinance No.#82-26, Series of 1982, AN ORDINANCE CONCERNED WITH AMENDING
THE SIGN CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
There was discussion and corrections and changes to this Ordinance. Page 1, Section 1-C,
last sentence to read, "Upon approval of such a comprehensive plan and upon determination by
the Zoning Administrator that an individual sign complies with the plan, the sign permit for
that sign may be submitted to the Building Administrator who may issue a sign permit without
further application to the Design Review Board", page 2, b-multiple business lot sign add
"maximum of", page 3, development sign, add, "lender(s)".
After a lengthy discussion John Blish moved that the Council consider and pass on first
reading Ordinance No.#82-26, Series of 1982 with the corrections as agreed upon. The
)rdinance was then read by title. The motion was seconded by Al Connell. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John
Blish. There were no nay votes. The motion was unanimously carried.
First reading of Ordinance No.#82-27, Series of 1982, AN ORDINANCE RELATING TO REVENUE AND
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO ESTABLISH A SALES TAX RATE OF 4%, TO
?ROVIDE PROCEDURES FOR SALES TAX COLLECTION AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
.et it be noted that Sheila Davis stepped down.
Che Town Manager stated that this Ordinance was prepared to provide two things, 1) would be
:o change the rate of the sales tax from 3% to 4% and, 2) it would enable the Town to collect
Lts own sales tax. Mr. Blodgett stated he would recommend passing the Ordinance on first
-eading so that they could stay on schedule and then to have the passage on the Ordinance
)y the next regular meeting if at all possible. He stated he would like to have a work
session between meetings to clarify some of the changes and corrections that would be made.
it that point the Mayor asked if there was input from the public.
:ick Cuny, Jerry Davis, Gary Miller, Jeannie Wilson, George Rosenberg, Steve Erickson,
like D'Onier all had concerns about raising the sales tax. They did not feel it was justified
it this time in light of the economy. They were concerned of the taxing of necessities.
Lfter lengthy discussion Larry Kumpost moved to recess this hearing until Friday, November
_2, 1982 at 6:00 p.m.
,fter some discussion Councilman Kumpost amended his motion to schedule the time of the
teeting for 7:30 p.m. The motion was seconded by Al Connell. Those Councilmembers voting
ye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no
ay votes. Sheila Davis abstained. The motion carried.
irst reading of Ordinance No.#82-24, Series of 1982, AN ORDINANCE AMENDING SECTIONS 17.20.170,
F THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO ALLOWED DENSITIES.
teve Isom approached the Council. He is with I-Plan, Inc. and the project being the Avon
ommercial Complex, Lots #25-35, Block #2, Benchmark Subdivision. Mr. Isom went through the
asic proposal once more and then went through the amendments that they had made to the
rdinance at the afternoon meeting.
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He stated that some of the Agreement points were that they would have a separate Agreement
with the Town where: 1) they would pay all reasonable legal fees to directly attributable
to the Avon Commercial Complex through the passage of this Ordinance; 2) that Roadcal would
agree to dismiss the Civil Action Suit pending with the Town of Avon upon final passage of the
Ordinance; 3) that the Agreement would be held in escrow for a period of 30 days following
the approval of the Ordinance.
The other item was employee housing. He stated that they have agreed to put in four units
inside of the complex that would handle the senior staffing of the hotel complex and would
make that a written condition upon the submittal of the final design with the Design Review
Board. He stated that the site is zoned RHDC which allows this to be a hotel site. Mr. Isom
asked that the Council pass the Ordinance on first reading with the understanding that it
would be going to the DRB on the 18th of November and then would be back to the Council the
first meeting in December.
There was discussion of Section 1-B-2. It was agreed to clarify that section. Page 2, there
was discussion of Section 2-A-4. It was suggested deleting the last sentence of that para-
graph.
John Blish moved to pass on first reading Ordinance No.#82-24, Series of 1982 with these
provisions: 1) that the last sentence of paragraph in Section 2-A-4 be deleted and that
paragraph in Section 1-B-2 subject to expansion and explanation, clarification and revision as
suggested by the proponants of this Ordinance; that before this is considered on second reading,
the Council receive an Agreement from them on the issues that were discussed before and
receive written legal advise from the Town Attorney on the matters discussed at the work
session; and that possibly cash be contributed in lieu of hard equipment. The motion was
seconded by Al Connell.
There was more discussion that followed.
Councilman Wells asked why the documents would be held in escrow. Mr. Isom stated that if
there were a major legal action against the Ordinance, after the thirty (30) day time period,
the Agreement would not be 'valid. Councilman Wells asked if the Agreement would indemnify
the Town against any and all costs that it might incurr as a result of law suits filed against
the Town as the result of the passage of the zoning ordinance.
Larry Keater, Attorney for Roadcal approached the Council. He stated that if the Town was
asking for a participation by Roadcal in defending any law suits that the Town might enter
into, the answer to that is yes; if the Town was asking for an indemnity and hold harmless
against anything that might ever happen, that is an entirely different matter, and stated he
aas not sure if that was within the power of any individual in the private capacity to do on
)ehalf of the Town. He stated that the Town Attorney should be asked to see if there are
my risks involved in the passage of the Ordinance.
'here was discussion on this matter.
,ouncilman Wells stated that he thought it would be inappropriate to pass the Ordinance on
:irst reading before the Town and applicant have come to any agreement. He stated that if
:here are problems with the wording of the Ordinance and problems with the wording of the
greement, especially in terms of the indemnity, how could the Council even think of passing
he Ordinance on first reading and that would be considered by the Design Review Board.
here was discussion on this matter.
Mayor then asked for a roll call. Those
1 Connell, Greg Gage.
.J. Wells. The Mayor
eading was defeated.
Thos Councilmembers voting aye were: John Blish,
Those Councilmembers
voting nay were: Sheila Davis, Larry Kumpost,
voted nay to break the tie. The passing of the Ordinance on first
uncilman Kumpost moved that it is the desire of Council that the Design Review Board
nsider the matters raised by Ordinance No.#82-24 at their next regular meeting notwith-
anding that the Council has not adopted that Ordinance on first reading. The motion was
conded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
eg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was
animously carried.
uncilman Wells
ssible and that
dinance as soon
requested that the Town Attorney submit his written opinion as soon as
the applicant submit the revised Agreement and the redraft of the
as possible,.
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Next on the agenda was the discussion of Guardrails in Wildridge and the acceptance of some
roads in Wildridge Subdivision.
Be it noted that A.J. Wells stepped down and the Mayor stated he would abstain from all
discussion on this matter.
Al Testa representing Wildridge Subdivision discussed the roads in Blocks #1, 2, and 3 in
Wildridge Subdivision. In addition to that he was requesting the acceptance of the Block #4
roads in Wildridge. Mr. Testa stated that the guardrail issue had been resolved.
Norm Wood Director of Public Works approached the Council. He stated that he had reviewed
all the test reports and stated he had put a recommendation together for accepting the roads
in Blocks #1, 2, and 3 in the Wildridge Subdivision. (See attached recommendation.)
After discussion it was agreed that the agreement would be drafted in a form of a resolution.
John Blish moved approval of the proposal of the Wildridge Development Company of Blocks #1,
2, and 3 as Al Testa had indicated, including the comments, in a form of a resolution. The
motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, Al Connell, and John Blish. There were no nay votes. A.J. Wells
abstained. The motion carried.
John Blish moved approval of the suggestions that were made to accept the roads in Block #4
subject to the conditions set out in Norm Woods' letter to Dick Blodgett dated November 8,
1982 and subject to the receipt of a letter from Avon Metropolitan District assuring the Town
that they would provide slope protection as set in paragraph #2 of the report and if that
letter is not received by the December 14, 1982 Council meeting, that this measure be recended
and that they come back and show the Council what they have at that time, in other words, if
the letter is provided, the approval is good, if it is not provided by the 14th then this
approval will expire.
Mr. Testa stated that if Avon Metro District does not provide the letter then the Wildridge
Development Company would submit the letter.
The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, Al Connell, and John Blish. There were no nay votes. A.J. Wells
abstained. The motion carried.
The Council recessed at 10:35 p.m. and reconvened at 11:10 p.m.
Muck Boetcher representing the Vail Mountain Rescue Group approached the Council. He stated
that their group was concerned with search and rescue. Mr. Boetcher stated that they serve
311 of Eagle County.
kfter discussion Mr. Boetcher requested a contribution of $1,000 from the Town of Avon.
Larry Kumpost moved approval of payment of $1,000 to the Vail Mountain Rescue Group. The
notion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes.
the motion was unanimously carried.
)oug Lockhart Manager of the Mountain Division of Public Service Company of Colorado
approached the Council. He stated that they have published in the newspaper and submitted
)roof of publication to the Town Clerk, the proper notices for application for franchise
=o serve natural gas within the Town of Avon. Mr. Lockhart stated that it was his under-
3tanding that the choice of the Council was to wait until Mr. Swift reviewed the data that
ie requested on behalf of the Town and to do the proper comparisons. Mr. Lockhart gave some
:omments that were not in the data.
after discussion the Council stated that they are scheduled to continue this matter in a
Tork session of November 23, 1982.
'he Mayor thanked Mr. Lockhart for his presentation.
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Mr. Kvach presented the Council with a proposal on lock-offs which defines what a lock-off
is when treated as an accommodation unit with these changes: 1) delete the first sentence
in paragraph 17.08.371 that reads, "but not used or rented out separately" and add "without
separate access from corridor."; 2) delete the second sentence in paragraph 17.20.090 and
change to read, "For purposes of calculating allowable density in any district in which
locked-off accommodation units are allowed as accessory uses each bedroom exceeding three (3)
bedrooms in a living unit shall be counted as an additional 1/3 of a density unit." It was
requested that Mr. Kvach go back to the Design Review Board with these changes.
Larry Kumpost moved approval of the Woodlife proposal to treat the siding of the Municipal
Building provided that stucco areas will be protected. The motion was seconded by A.J. Wells.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried.
A.J. Wells moved approval that all the Councilmembers be added as co-signers along with the
Town Clerk to sign checks. The motion was seconded by Al Connell. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John
Blish. There were no nay votes. The motion was unanimously carried.
Al Connell suggested that the discussion of the ski passes be eliminated until after the
passage of the Sales Tax Ordinance. It was agreed to do so.
The specifications for Computer proposals was discussed. There was a meeting set up for
the committee on Wednesday 10, 1982 at 5:30 p.m. to go over the data processing information.
It was agreed that Mr. James should proceed to take proposals.
The Council authorized Mr. James to go ahead with the research of including the Upper Eagle
Valley Sanitation District and the Eagle Vail-Avon Fire Department in a health/dental
insurance plan and pension plan.
. Blodgett announced the appointment of Bob Willcox as Chief of Police for Avon.
e speed limits in the Town of Avon were discussed. It was agreed that this issue be
rried over to Friday, November 12th meeting.
ohn Blish announced he would be giving up his seat on the Council, that he has taken a
ull time City Attorney's job in Thornton, Colorado. He stated he would tender a letter
f resignation some time after the November 23rd meeting.
eg Gage moved to recess this meeting until November 12, 1982 at 7:30 p.m. in the Council
ambers. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were:
rry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were
nay votes. The motion was unanimously carried.
e Council recessed at 1:00 a.m.
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