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TC Minutes 03-08-1983i i MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL MARCH 8, 1983 - 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 Pro-Tem, Sheila Davis, at 8:53 p.m. A roll call was taken with Larry Kumpost, A.J. Wells, Al Connell and Don Buick present. Mayor Allan Nottingham was absent and Greg Gage arrived late. Also present were Town Attorney John Dunn, Town Manager Dick Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator Dick Evans as well as members of the press and public. The Mayor Pro-Tem called for citizen input. The Mayor Pro-Tem stated that the discussion of the Charter Amendments would be placed on the next regular agenda. Paul Warner approached the Council. He stated that the Council was aware of the problem that he was involved in. He asked the Council if there had been anything resolved during the work session meeting. The Mayor Pro-Tem stated that as far as a personnel issue was concerned that a public meeting was not the place to discuss it. Mr. Warner stated that he did have a meeting with the Town Manager, but that it was postponed until the next morning. Mr. Blodgett stated that he was keeping the discussion of the meeting between himself and Mr. Warner confidential. Mayor Pro-Tem stated that in regard to the Pine Beetle problem, the forest service was setting up a program to train people on identifying the beetle problems in the area. Ken Sortland representing the Avon Religious Foundation approached the Council. He stated that they are still pursuing the site for the proposed Chapel. Second reading of Ordinance No.#83-4, Series of 1983, AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO INCREASE FEES PAYABLE THEREUNDER, TO MAKE PROVISION WITH RESPECT TO THE BOARD OF APPEALS AND TO MAKE OTHER CHANGES WITH RESPECT TO THE AVON ADMINISTRATIVE CODE, AND TO PROVIDE A PROCEDURE FOR THE ISSUANCE AND REVOCATION OF TEMPORARY CERTIFICATES OF OCCUPANCY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. There being no discussion Larry Kumpost moved approval of Ordinance No.#83-4, Series of 1983 on second reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-5, Series of 1983, AN ORDINANCE AMENDING SECTION 15.08.010 OF THE AVON MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE TOWN OF AVON, COLORADO: ADOPTING BY REFERENCE THE 1982 EDITION OF THE "UNIFORM BUILDING CODE" AND THE 1982 EDITION OF THE "UNIFORM BUILDING CODE STANDARDS"; AND PROVIDING PENALTIES FOR VIOLATION THEREOF There being no discussion A.J. Wells moved approval of Ordinance No.#83-5, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. • • Second reading of Ordinance No.#83-8, Series of 1983, AN ORDINANCE AMENDING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1982 EDITION AND THE NATIONAL FIRE CODE, 1982 EDITION, INCLUDING THE LIFE SAFETY CODE, NFPA PUBLICATION NO.101, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. There being no discussion Don Buick moved approval of Ordinance No.#83-8, Series of 1983 on second reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-9, Series of 1983, AN ORDINANCE CONCERNED WITH ESTABLISHING OFFENSES OF THEFT BY RECEIVING, INTIMIDATING A WITNESS, AND TAMPERING WITH A WITNESS, AND PROVIDING PENALTY PROVISIONS THEREOF. The Town Manager stated that Judge Allen had reviewed the ordinance and had no problem with it. There being no further discussion Larry Kumpost moved approval of Ordinance No.#83-9, Series of 1983, on second reading. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-12, Series of 1983, AN ORDINANCE REDEFINING CERTAIN SITUATIONS EXEMPT FROM THE REAL PROPERTY TRANSFER TAX, MODIFYING THE PROCEDURE FOR APPEAL FROM DECISIONS RELATING TO THE REAL PROPERTY TRANSFER TAX, AND PROVIDING PENALTIES FOR THE VIOLATION OF CHAPTER 12 OF TITLE 3 OF THE AVON MUNICIPAL CODE. There being no discussion Don Buick moved approval of Ordinance No.#83-12, Series of 1983, on second reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-11, Series of 1983, AN ORDINANCE CONCERNED WITH DISSOLVING THE DESIGN REVIEW BOARD, CREATING A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND FUNCTIONS THEREOF. There was discussion and corrections to this ordinance. On page 3, Section 2.16.030-C add to the paragraph, "and approved by the Town Council." After discussion Don Buick moved approval of Ordinance No.#83-11, Series of 1983, on first reading with the correction. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-13, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS (PERTAINING TO THE POLICE CARS AND COPY MACHINE.) Don Buick moved approval of Ordinance No.#83-13 , on first reading subject to the Town Attorney reviewing the leases. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-14, Series of 1983, AN ORDINANCE AMENDING THE PROVISIONS FOR REPORTING SALES AND PROVIDING FOR ENFORCEMENT UNDER THE SALES TAX ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. There being no discussion Larry Kumpost moved approval of Ordinance No.#83-14, Series of 1983, on first reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 2 - • 9 First reading of Ordinance No.#83-15, Series of 1983, AN ORDINANCE AMENDING SUBSECTION 17.20.030.B.5 OF THE MUNICIPAL CODE OF THE TOWN OF AVON. This ordinance gives the Council the authority to make modifications in Special Review Uses. There being no discussion A.J. Wells moved approval of Ordinance No.#83-15, Series of 1983, on first reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The first reading of Ordinance No.#83-10, Series of 1983, regarding Lock-Offs, will be placed on the March 22nd regular meeting agenda. Resolution No.#83-5, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR OUTSIDE STORAGE ON LOT #22, BLOCK #1, BENCHMARK SUBDIVISION. After discussion Don Buick moved approval of Resolution No.#83-5, Series of 1983. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Savoy Square, Lot #73-74, Block #1, Benchmark Subdivision will be continued until the next regular meeting of the Council. Let it be noted that Councilmember Greg Gage arrived at 9:25 p.m. Darrell Schurle representing the Chamber of Commerce approached the Council. He was requesting authorization to install a lighted "Tourist Information Board" within the Mall Transit Center next to the Avon Center. The proposed board would be a 4' x 6', panel display for advertising. Mr. Schurle stated that phone service could be available if desired. The Chamber would receive 15% of the advertising as part of an ongoing fund raising project. After discussion A.J. Wells moved to refer this request to the Design Review Board and the Mall Committee. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motions was unanimously carried. Larry Kumpost moved to have the town staff draft a letter to be signed by the Mayor indicating the support of the expansion of the Eagle County Airport. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Next on the agenda was the Town Attorney's report. Mr. Dunn stated that the Council had requested him to look into the possibility of his firm (Cosgriff, Dunn & French), employ an associate attorney to take over the major portion of the work which the firm was doing for the town on the theory that that would result in a savings to the town. He stated he gave the Council a letter explaining that he felt it was not in the best interest of either his firm or the town's. He stated that just a quick analysis of the expense of appointing an attorney, puts the figure at a point where it cannot be justified. He stated the town's Charter stated that a town attorney must be admitted to the bar for a period of five years. He thought that would present a problem in hiring an attorney for the price that the Council wants to spend for an attorney. Councilman Connell stated he still thought that it should be advertised and at a range of salary between $30,000 to $40,000 per year. The Council agreed that they had reservations. The Council discussed the possibility of an attorney just for 1/3 of the time. Councilman Wells asked what that person would do with the other 2/3's of his time. After a lenghty discussion, Al Connell moved to advertise for the position of an attorney at the range of $30,000 to $40,000 per year working a fifty hour week. The motion was seconded by Don Buick. Discussion then followed. Councilman Wells stated he - 3 - • • would like to know what the person would do with the other 2/3's of his time and include it in the job description. Those Councilmembers voting aye were: Al Connell. Those Councilmembers 'Voting nay were: Don Buick, Greg Gage, Larry Kumpost, A.J. Wells, The motion was defeated. Councilman Wells moved to have the Council study this at the next work session of March 22, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. Mr. Dunn stated that he was contacted by Attorney Larry Kelly who asked Mr. Dunn to pass on to the Council at his request that his client Bruce Wyman be reimbursed his lost wages since he was dismissed from the town as well as his attorneys fees in connection with the charges filed by the District Attorney's Office, the figure being approximately $20,000. The Town attorney recommended that this request be denied. Councilman Gage requested that the request from Larry Kelly be in writing. The Council agreed. The Town Attorney discussed the payment to Roche Constructors, Inc. He stated now that all the problems of the punch list were taken care of they were requesting payment excluding the pending litigation that is in the courts against the town. After discussion Al Connell moved approval to authorize payment of the $17,275.86, remaining owing to Roche Constructors, Inc., be authorized the fund dismissal of the claim pending against the town and that payment be made so as to insure payment to subcontractors. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Attorney discussed the National Institute of Municipal Law (NIMLO). He stated the conference would be held in Washington D.C. on May 8,9, 10, 1983. He asked if there was any desire from the Council that he attend the conference. After discussion it was agreed that the information would be distributed for the next regular work session of the Council. The Council recessed at 10:10 p.m. and reconvended at 10:25 p.m. The Town Manager report was next on the agenda. The proposed in-house computer system was discussed. Bill James, Finance Director, suggested that Watts Computer Systems be awarded the contract. The Word Processor would tie into the system. Other applications for the near future would be the Planning and Engineering Departments. The total cost per month would be $803.74. After discussion, Larry Kumpost moved to authorize the base purchase of the Watts Computer Systems, Inc., of Vail, in an amount not to exceed $26,500; refinance present equipment and arrange financing through Colorado Leasing at an interest rate not to exceed 10%. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Manager reported that to the best of our knowledge there were no other payments of Real Estate Transfer Taxes made or received from Mobile Home Owners. The Town Manager reported on the acceptance of Millie's Lane. Norm Wood, Director of Public Works, stated in order to officially include Millie's Lane in the town's snow removal and street maintenance programs, the Council should take appropriate action to accept the road. He stated he would probably reapproach the Council later to discuss curb and gutter. After discussion Greg Gage moved approval of Resolution No.#83-11, Series of 1983. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 4 - • 0 The Town Manager reported on the PUC License for the town buses. He stated that Paul Swift advised him that if the town desired to explore the possibility of PUC License for the town buses, the initial exploration would cost approximately $1,000 and to apply for a PUC License would be approximately $5,000 for legal expenses. After discussion Don Buick moved to postpone the discussion until the next regular Council Meeting and until the letter from Mr. Swift came in. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Subdivision Regulation Revisions were discussed. Mr. Blodgett stated that Norm Wood had presented to the Council a memorandum on the benefits of what they were attempting to achieve by redoing the Subdivision Regulations. Mr. Wood presented to the Council a copy of the outline of the regulations. After reviewing the outline A.J. Wells moved to authorize the staff to proceed with the revisions of the Subdivision Regulations. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The remodeling of the police department office was discussed. After discussion Al Connell moved to authorize the remodeling of the office in the police department and not to exceed $75.00. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The hiring of a technician was discussed. Mr. Blodgett was proposing to hire Mr. Rodger W. Denton, a landscape architect. He would be willing to work for a rate of $12.00 per hour which could be reviewed at the end of three months. He would also assist in the park planning and help with the Comprehensive Plan. He would be hired as a contractual employee, who would receive no fringe benefits from the town and would work 3-4 days a week. Larry Kumpost so moved. Motion was seconded by Greg Gage. Those Councilmembers voting ay& were: Larry Kumpost,Greg Gage,A.J. Wells, Al Connell and Don Buick. There were no nay.votes. The motion was unanimously carried. The annual audit was discussed. Mr. Blodgett stated the audit should be ready for review at the next regular Council meeting. The year end fund balance figures were discussed along with the sales tax receipts for December, January and February. The revision of the Master Plan was discussed. Mr. Kvach reviewed some of the items that were requested to be included as proposals for the Master Plan. There were six elements, 1) Land Use, 2) Transportation, 3) A utility section, 4) Community facilities, 5) A recreation and open space plan, 6) A five year capitol improvements program. Mr. Kvach presented to the Council different elements of plans of other towns, such as Rifle, Frisco, Glenwood Springs. Mr. Kvach then asked the Councilmembers what were some of the things that they thought should be included in the study. A..J. Wells stated Avon Station, Tract P, possible Roadcal, Buck Creek, Swift Gulch any areas that are going to be planned and approved. Larry Kumpost stated his concerns were what is happening in the area now. He stated that the Master Plan would address what the town could potentially be as opposed to what we are, to determine what size the town could get to within the water rights that we have, should address the railroad, the second crossing by Sunridge I. Greg Gage stated he was concerned with the affordable local resident owner occupied housing. Al Connell stated he was concerned with the town core. Don Buick stated he was concerned with the economic impact forecast. Mr. Kvach then discussed what problem areas have to be addressed such as 1) community goals & objectives, 2) Town purpose future growth direction, 3) Land use & Zoning annexed parcels, 4) Land Use optimum mix, 5) Employee housing, 6) Utilities capacity limits, 7) Core area development, 8) Street extension classification, 9) Density unit transfers, 10) Dwelling units, 11) Pedestrian movements, 12) Traffic generators & counts, 13) Community facilities, 14) Implementation ordinances. Mr. Kvach then presented the Council with a Resolution urging that the study be carried out as soon as possible. Don Chapman, land owner, stated that the idea of focusing on the core area with a push toward future annexation should also be included in the study. He stated that - 5 - • 0 the railroad would be an increasing problem. Mr. Kvach stated it would take six to nine months to complete the study. Clint Watkins from the audience, requested to see a report on what data has been collected at this point. Bill Pierce, Chairman of the Design Review Board, stated the DRB feels that the Comprehensive Plan is necessary and that a professional consultant should do the work and requested that the Council proceed with the study. After discussion A.J. Wells stated he was concerned of where the funds were going to come from to pay the consultants. Mr. Kvach stated that the time schedule would be to hold the interviews in the next two weeks, give the Council a list of who they would recommend and at that time, hopefully, be able to get a better feel for price and then the scope of services would be developed the following two weeks and then would be four weeks before any figures could be tied down. Larry Kumpost so moved. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Mr. Kvach stated he had talked to Jim Rubin and Mr. Rubin stated the County would commit to probably $5,000 to $10,000 for the study. The Mayor Pro-Tem, Sheila Davis, proclaimed March 20-26, 1983, Poison Prevention Week. The proclamation was signed by Mayor Nottingham. The financial matters were next presented to the Council. Let it be noted that items #1 through #6, were received by the Council. Larry Kumpost moved approval of the General Accounts Payable. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried. Don Buick moved approval of the Town Center Mall Fund. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Greg Gage moved approval of the Reconciliation Sheet of March 8, 1983. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The reading and approval of the February 22, 1983 meeting was next presented to the Council. Al Connell moved approval of the February minutes with these corrections, page 3, paragraph 6, second line, change "oppose" to "propose,' page 1, paragraph 7, 4th line add "seconded by Larry Kumpost," page 1, paragraph 8, 4th line add "seconded by Al Connell." With those corrections Don Buick seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Manager stated that he would be attending the Colorado City Managers meeting in Greeley the following week. - 6 - • w There being no further business Don Buick moved to adjourn. The motion was seconded by A.J. Wells. The Mayor Pro-Tem, Sheila Davis, adjourned the meeting at 12:13 a.m. Respectfully Submitted: Patricia J. Doyle, Clerk