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TC Minutes 11-23-1982MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD NOVEMBER 23, 1982 - 7:30 P.M. The regular 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 Nottingham at 7:55 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell present. Also present were John Dunn Town Attorney, Acting Town Manager Bill James, Town Planner Dick Kvach, Town Engineer Norm Wood as well as members of the press and public. First on the agenda was the reading and approval of the minutes of the November 9th and the continued November 12th minutes. A.J. Wells moved approval of the minutes of the meeting held on November 9th and the meeting continued to the November 12th with these corrections, add Greg Gage in the attendance, page 2, last paragraph add "each", page 3, third paragraph, change "systm" to "system", 5th paragraph change "replacement" to "placement" "up on" to "upon". With those corrections Larry Kumpost seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Al Connell. 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 Balances. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Al Connell. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of items 2 through 6 regarding revenues. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Al Connell. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of Resolution No.#82-34, Series of 1982, A RESOLUTION ACCEPTING BENCHMARK ROAD IMPROVEMENTS. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Al Connell. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of the change order regarding the tennis court construction on Tract G subject to the acceptance by the general contractor. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Al Connell. There were no nay votes. The motion was unanimously carried.' Be it noted that Councilman John Blish arrived at 8:05 p.m. A.J. Wells moved approval of Resolution No.#82-35, Series of 1982 regarding final payment of the tennis courts contingent upon the final execution of the change order. 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. The Holy Cross Electric Association invoice was discussed. After discussion Larry Kumpost moved approval of the payment to Holy Cross Electric in the amount of $4,567.08, transferring those funds from the General Fund to the Public Works Fund. The motion was seconded by Greg Gage. 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 Public Works Fund, Nottingham Park Fund and the Capital Projects Fund were all approved in the above, therefore no action was necessary. The General Fund was discussed. Items #1361-Fire Alarm Specialists, #1396-Security Systems International, #1391-Mountain Bell-Fire Alarm Line, #1389-Bruce Mielke were all discussed. It was stated that the Council would like to see the Policies and Procedures draft copy at the next regular meeting. After discussion John Blish moved approval of the General Accounts Payable as presented with no exceptions provided that item #1403(Holy Cross Electric invoice in the amount of $4,567.08)be paid out of the Public Works Fund. 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 of the Reconciliation Sheet of November 23rd. The motion was seconded by Greg Gage. 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. Second reading of Ordinance No.#82-20, Series of 1982, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. BUCK CREEK. Be it noted that A.J. Wells and Mayor Allan Nottingham stepped down. At that point Mayor Pro-Tem John Blish conducted the meeting. John Blish asked if there was any input from the public at that time in regards to the Ordinance. There were none. George Rosenberg approached the Council. He was representing the property owners. Mr. Rosenberg presented the Council with a second draft of the Ordinance. He explained some of the history of this land and the procedures up to this point. He also discussed the changes that were made to the Ordinance. Page 2, paragraph 3, was changed from "OLD" to "SPG01, the deletion of Tract B as SPA was made, Tract B will remain OLD, in paragraph 5, Lot#52A would be locked to Lot#52B. Councilman Connell was concerned with the fact that the Council only received the revised Ordinance a few minutes ago and stated he wasn't prepared to vote on this Ordinance. Mr. Rosenberg stated that they were contacted by the Town only yesterday (November 22nd) and was asked to prepare the Ordinance for the meeting. At that point the Mayor Pro-Tem asked if there were anyone present who had the intention of speaking for or against the Ordinance that was before the Council. There were none. Mr. Rosenberg stated that the Council should have before them a letter from the Town Planner dated November 23, 1982 which summurizes the DRB's recommendations. He stated that there were eight conditions that the Town Planner was recommending. Mr. Rosenberg stated that the first three items had been complied with and that from the owners standpoint they had a problem with the remaining five items and felt that they were not appropriate to a zoning Ordinance. Mr. Rosenberg stated that there was no site plan approval included at this stage, he stated that this was a bare basic zoning and was simply to correct the problem of what was thought to have been completed back in 1980. At that point Mr. Kvach directed his comments to the DRB's report(see minutes of the DRB November 18, 1982 meeting). There was discussion on these conditions. The Mayor Pro-Tem asked for a motion on this matter. Al Connell moved to table Ordinance No.#82-20 until the staff had received the right verbiage. There was not a second to his motion. It was then open for more discussion. Mr. Rosenberg stated that there was an urgency for passing this Ordinance on second reading. Councilman Kumpost stated that he wasn't sure that there should be a precedent set that every time an Ordinance is done on zoning that they start listing what the existing requirements are. Councilwoman Davis stated that she thought item #5,"The Developer of any parcel requesting access off Buck Creek Road or Nottingham Drive shall be responsible for the construction and costs of installation of left turn lanes and/or deceleration lanes as required by the Town Engineer. Such facilities shall be constructed to standard town specifications", was a very important item and would like to see it included in the Ordinance, but not the other items. After lengthy discussion Larry Kumpost(for the purpose of discussion) moved approval of Ordinance No.#82-20, Series of 1982 on second reading and to incorporate item #5 recommendation in the letter dated November 23, 1982 prepared by Dick Kvach. The Ordinance was then read by title. The motion was seconded by Greg Gage. It was then open for more discussion. After lengthy discussion a roll call was taken with Sheila Davis, Greg Gage, Larry Kumpost voting aye. Al Connell voted nay. A.J. Wells, Allan Nottingham abstained. The motion carried and the Ordinance was passed on second reading. Be it noted that Mayor Pro-Tem shall sign the Ordinance No.#82-20 that was passed on second reading. -2- L>l 0 • Second 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. Mr. Kvach stated that at the November 9th meeting there were three changes to this Ordinance. In Section 15.28.30, paragraph c, the second sentence was changed 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, under the title (Sign Permitted, Multiple Busness Lot Sign) add "a maximum of", page 3, under the title(Development Signs- Additional Requirements or Restrictions) add "lender(s). With those corrections discussed and completed John Blish moved approval of Ordinance No.#82-26, Series of 1982 on second reading. The Ordinance was then read by title. The motion was seconded by Al Connell. Discussion then followed. Councilman Wells had some concern with the wording of the maximum height of a sign and also the wording regarding the individual lot sign. He stated he thought that the Ordinance should go back to DRB and that the Ordinance should be rewritten. After lengthy discussion a roll call was taken with John Blish, Al Connell, Sheila Davis, Greg Gage, Larry Kumpost and A.J. Wells voting nay. There were no aye votes. The motion to pass Ordinance No.#82-26 on second reading was defeated. Larry Kumpost moved to refer the Sign Ordinance to DRB for revision and rewriting and then re-introduce it as soon as possible. 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. Second 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 PROVIDE PROCEDURES FOR SALES TAX COLLECTION AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. After some discussion of the changes(see recessed meeting of November 12, 1982)Larry Kumpost moved approval of Ordinance No.#82-27, Series of 1982 on second reading. The Ordinance was then read by title. The motion was seconded by Greg Gage. Those Council- members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and John Blish. Al Connell voted nay. The motion carried. The Mayor stated that items of Ordinances d,e,f,i of the agenda would-be deferred to later in the meeting if there was time. First reading of Ordinance No.#82-25, Series of 1982, AN ORDINANCE CONCERNED WITH PROVIDING FOR TEMPORARY CERTIFICATES OF OCCUPANCY, AND PROVIDING FOR THE REVOCATION THEREOF, AND PROVIDING PENALTIES THEREFOR. Councilman Kumpost had some concern with the wording "substantial hardship" and requested that that phrase be defined. Councilman Blish stated he would like defined what constitutes substantial hardship so that there would be some guidelines. The discussion of landscaping and paving in a certain time period was discussed. After lengthy discussion Larry Kumpost moved to table Ordinance No.#82-25 for additional study and specifically to more positively state what is required to obtain a Certificate of Occupancy and further exclude landscaping from the six month time period. The motion was seconded by John Blish. After discussion Larry Kumpost amended his motion to include paving as long as there was adequate parking provided for the site. The amended 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. First reading of Ordinance No.#82-28, Series of 1982, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. Councilwoman Davis requested that Council talk about the Agreement(item#15 of the agenda) before authorizing the purchasing of the buses. The Mayor stated that he would defer discussion of Ordinance No.#82-28 until later in the meeting. The Resolution No.#82-30 and the Pledge Agreement was discussed. The Resolution was regarding the contribution of $2.00 per occupied room per night. The Town Attorney stated that he was requested to redraft the proposed Pledge Agreement and that it would be done between now and the next meeting. Councilwoman Davis stated that they would want to have the Agreement signed and have a chance to review it before authorization of the lease purchase of the buses. Mr. Dunn suggested that the Council proceed with the authorization of the lease purchase of the Oshkosh and the pick up truck. Mr. James suggested to defer the Resolution #82-30 until later in the meeting so they could approve all the leases at one time. It was so agreed. -3- • After a short recess Rick Cuny approached the Council. He was representing the Buck Creek Plaza Homeowners Association. This Plaza is located on Lot#72, Block#2 Benchmark Subdivision. Mr. Cuny was before the Council to appeal the DRB's decision (see DRB minutes of August 19, 1982). Be it noted that John Blish and A.J. Wells stepped down. Mayor Nottingham abstained from any discussion. Mr. Cuny discussed the internal problem with snow removal, drainage and traffic flow of the Buck Creek Plaza. He was requesting that the Council override the DRB's decision and allow the BCP Association to remove the small parcel of green belt to solve the three or four problems that they have. Mr. Cuny was also requesting that they be allowed to put up an attractive looking gate system which would be able to be removed during evening hours so they could use the other parking area to let people exit onto Beaver Creek Place. He stated that they would not open the gate during day time hours. He stated that the small green belt area was causing structural damage, drainage problems, snow removal problems and exit problems. Mr. Cuny stated that there had been two discussion meetings with Norm Wood, one was based on the Association compromising and the second meeting was based on the fact that the Town was looking at assuming the fesponsibility of any curb and gutter in that area, that it was just not the Associations problem and that they could see no other reason why they couldn't go ahead with the changes as long as the Council agreed. Mr. Wood approached the Council. He stated that after these meetings with Mr. Cuny, it came to light that the building was built under the County standards before the Town was incorporated which he stated sheds a different light on the situation. He stated he would recommend that the Council take action to approve the DRB ruling without the conditions imposed by the DRB's decision. He stated he felt that the Town needs to look at that area and try to incorporate in next years budget, approximately $2,000 to $2,500 to install curb and gutter and to re-do that entrance to take care of the drainage problem in that area. Mr. Cuny stated that the Association would pay to remove the green belt area, put a temporary cold patch down and install a gate and then in the spring would improve that area to include cribbing and a permanent asphalt base. Sheila Davis moved to grant Rick Cuny his appeal on the proceed with removing the green belt strip and put in a proposed without any of the additional stipulations put seconded by Larry Kumpost. Those Councilmembers voting Davis, Greg Gage, and Al Connell. There were no nay vo abstained. The motion carried. DRB decision and that he could gate in the area that he had on by the DRB. The motion was aye were: Larry Kumpost, Sheila Les. John Blish and A.J. Wells Resolution No.#82-31, A RESOLUTION AMENDING THE 1983 GENERAL FUND, RECREATIONAL AMENITIES, AND PUBLIC WORKS PROJECTS FUNDS. The pension for the employees was discussed. Councilwoman Davis felt that it was not that important at this time. Councilman Kumpost suggested that they call contingency-contingency and leave it at that without gearing it toward anything specific right now and could decide later on so that they would not be modifying the budget, only allocating funds from the contingency. The Council agreed. Mr. James suggested that maybe toward spring the Council may want to consider the soccer net because of the safety factors and possible public contact with the lake on the west side of the field. Councilman Wells suggested that they call the contingency-contingency, but then itemize what those monies would be used for. A.J. Wells moved approval of Resolution No.#82-31. 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. A.J. Wells moved approval of Resolution No.#82-33, A RESOLUTION ESTABLISHING A TRANSIT FUND AND APPROPRIATING FUNDS FOR 1983. Changing the word "pssaed" to "passed". The motion was seconded by Greg Gage. 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. Resolution No.#82-30, Series of 1982, CONTRIBUTION OF $2.00 PER OCCUPIED ROOM PER NIGHT PLEDGE AGREEMENT. Councilwoman Davis stated she thought the Town was going to get a guarantee the minimum of $40,000 and stated that the proposed Agreement guarantees $2.00 per occupied room. The Town Attorney stated that he had received figures from the Finance Director and was going to redraft the Agreement and incorporate those figures in the Agreement. Christie -4- 0 9 Lodge $22,000 and Avon Center $14,000. Larry Kumpost moved to table Resolution No.# 82-30 for clarification as discussed. 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. First reading of Ordinance No.#82-28, Series of 1982, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. The Town Attorney stated he had reviewed the forms for the three lease agreements and was, in his opinion, acceptable. Councilman Kumpost stated that on page 4, item #18 INTEREST, add "per annum", #19 should be clarified, in the Equipment Lease Agreement, Section D, "location" should be clarified, the Equipment Lease Schedule should be modified. Larry Kumpost moved approval of Ordinance No.#82-28, Series of 1982 on first reading subject to the parts of clarification that were discussed. 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 to table Ordinance No.#82-29, the Model Franchise Agreement until the next regular meeting and instruct Mr. Swift to provide a memorandum regarding that ordinance explaining some of the highlights contained in this Ordinance by the next meeting. The motion was seconded by Greg Gage. 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 next item on the agenda was the appointment of Mayor Pro-Tem. John Blish stated he would like to be relieved of responsibilities effective today and tenure his resignation effective the end of the month. Larry Kumpost moved to publish notification for inter- viewing potential Town Council persons on Tuesday, December 7th, 1982 at 7:30 p.m. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and Al Connell. There were no nay votes. John Blish abstained. The motion carried. A.J. Wells moved to set December the 14th, 1982 at 12:00 noon for cut off date for applying for the Town Council vacant seat. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and Al Connell. There were no nay votes. John Blish abstained. The motion carried. The Council then proceeded with appointing a Mayor Pro-Tem. Sheila Davis nominated Larry Kumpost as Mayor Pro-Tem. Councilman Kumpost stated that he appreciated that he had been elected, but had been appointed by the Council to fill the position and that he had some concerns in that area. At that point Larry Kumpost nominated Sheila Davis. A.J. Wells moved that the nominations cease. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. y John Blish abstained. The motion carried. The Mayor suggested that the voting be done by secret ballot. After the ballots were collected and counted, Sheila Davis was nominated Mayor Pro-Tem by a 5 to 1 vote. The day after Thanksgiving (November 26th) was discussed. It was agreed that Town employees be allowed to take that day off. The appointment of a representative for the Nowthwest Colorado Council of Governments was discussed. There was no one appointed at this time. The signing of Town checks was again discussed. -5- E 0 The Town colors were again discussed. It was agreed that blue and white would be the Town colors. The delivery of the Town buses were discussed. The discussion of an interm bus provided by Beaver Creek was discussed. Councilman Wells suggested that if by the 17th of December, the Town buses were not delivered, then look into an interm bus provided by Beaver Creek. Councilman Kumpost suggested that since the Town was expending that amount of money to supplement Beaver Creeks system, that they might run one bus for the Town at their cost for a while. Kumpost requested that Mr. James ask Beaver Creek if they would provide the bus until the Town receives the buses at no cost. The radio system for the Town was discussed. Mr. James stated that the process that they were going through was not correct, he stated that they need approval from the land owners which is Wildridge Development Company plus discuss with the owners association, putting an antena up to make sure it meets with their covenants and also appears the Town would have to go through a special use process under the Town code. Mr. James requested that the Council table it at this time and come back at a later date. Mr. James discussed the sleigh rides that the Town would like to take bids on. There would be no cost to the Town. The service would be provided by a private contractor. The ride would run from Avon Center through the park and back to Avon Center. It would be run on weekends only. After hour Police calls were discussed. The Council agreed to have the staff look into a phone recorder for the Police Department. Resolution No.#82-32, Series of 1982, APPRECIATION OF SERVICES OF JOHN BLISH. The Mayor read the Resolution. Al Connell moved approval of Resolution No.#82-32. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and Al Connell. There were no nay votes. John Blish abstained. The motion carried. Bill James presented the Council with the proposed bus schedule for their review. Councilwoman Davis moved the Council should discuss procedures on how an Ordinance comes before the Council. She stated maybe have the staff come before the Council and report on what they would like to see in an Ordinance and so the Council could make their comments on that before it goes to the Attorney. Larry Kumpost seconded the motion. 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. Councilman Wells stated that in those regards that there should be some control, anybody in the Town can't authorize the Town Attorney to start drafting an Ordinance and spend legal fees. A.J. Wells moved to refer the proposed Ordinances #82-21, #82-22, #82-23 to the DRB and get their recommendations on whether or not they would recommend passing them on first reading. The motion was seconded by Al Connell. Those Councilmembers voting -6- 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. There being no further business A.J. Wells moved to adjourn. Al Connell seconded the motion. The meeting was adjourned by Mayor Nottingham at 12:30 a.m. Respectfully Submi ted: Patricia J. Doy , Town Cle