TC Minutes 06-14-19830 r
MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
JUNE 14, 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 Allan Nottingham at 7:40
P.M. A roll call was taken with Larry Kumpost, Sheila Davis, Greg
Gage, A.J. Wells, Al Connell present. Don Buick was absent. Also
present were: Town Attorney John Dunn, Town Manager Richard D.
Blodgett, Finance Director Bill James, Director of Public Works
Norm Wood, Planning Director Dick Kvach, Building Administrator
Dick Evans, Superintendent of Public Works, Dan Sunday as well as
members of the press and public.
The Mayor called for Citizen Input.
The Town Manager stated that Steve Jones was requesting permission
to run a hayride from Christie Lodge to Beaver Creek. Mr. Blodgett
stated that Mr. Jones did not yet have a signed contract but was
working on it.
After discussion Sheila Davis moved approval of the concept
of having a hayride subject to staff receiving a Certificate of
Insurance, checking references and that he complies with all of the
ordinances of the Town. The motion was seconded by Larry Kumpost
and was unanimously carried.
The next item on Citizen Input was the letters regarding the name
change of Avon. The Mayor stated that there were a large group of
people that attended the afternoon work shop that were opposed to
the name change. He stated that there were four letters of
opposition and that there was a petition submitted with
approximately eighty five signatures in opposition of the name
change. Harry Frampton, President of Vail Associates, was present
at the afternoon work session. He stated that with the development
of Beaver Creek, a specific, unique community has been developed.
That with the money invested the inclusion of the Avon area would
be contrary to what VA has been doing over the last 4-5 years, but
they support the team work and cooperation between Avon and Beaver
Creek and the whole Vail Valley. Each community is different and
has certain needs and should not be blended.
Frank Doll was asked by the older group of Avon citizens to address
the Council in opposition of the name change. Mr. Doll spoke of
the history of Avon. He stated that Avon has never been in Beaver
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Creek Valley and Beaver Creek does not flow through Avon. He
stated that if you change the name of Avon, that there would not be
any more cars than there are now, that the grass would not be any
greener. He stated that what will make Avon different would be the
people and their desire to excell in what they do. He stated it's
not going to make any difference what the name is, if you put the
services here and the quality of services and products, then
people you want to come here will come.
Jerry Davis stated he was for the name change. He stated he felt
that the decision should be made by the community and should be
placed on the next election ballot.
Danny Williams, County Commissioner, spoke in opposition to the
name change. He stated that what the town should do is to promote
an image of the town, promote it for what you want it to be. He
felt the town has done a great job becoming a town. He stated that
worrying at this point in time about a name change is not in any-
one's best interest.
Dietter Rittner presented a petition to the Council. It contained
85 signatures in opposition of the name change.
Al Alpi stated that this matter was discussed five years ago, then
two years later and they could not, at that time, come up with a
good reason to change the name.
The Mayor then read letters, one from a resident in Arvada, one
from Don Simonton, and from Kathy, Imogene and Sharon Doll.
Jim Wells, President of Benchmark Companies stated that both areas
need their own separate idenities. He stated that it isn't
necessary to accomplish a combined marketing effort, but to
continue-a good long-term relationship between the Town of Avon and
Vail Associates/Beaver Creek. He stated that if the town's people
change the name to the Town of Beaver Creek that we deserve to be
called "parasites" and we will be riding on the coattail of the
Beaver Creek Ski Area and the developers.
After discussion Larry Kumpost moved to place the summary of the
remarks made in the afternoon work session along with copies of all
the letters that were received into the official record. The
motion was seconded by Sheila Davis and was unanimously carried.
The conclusion was that the proponents submit a petition to the
Council and that they then would take action as to whether or not
the matter would be placed on the next election ballot.
There being no further Citizen Input, the Mayor closed the
discussion.
First reading of Ordinance No.#83-25, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE AVON MUNICIPAL CODE, PERTAINING TO
REAL PROPERTY TRANSFER TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS
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ISSUANCE OF SUBPOENAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN
INFORMATION TO BE CONFIDENTIAL.
On page 1, Section 1, Subsection 3.12.124, third line, delete the
word "return" and add "documentation", page 2(2), third line,
delete the word "return" and add "documentation", page 2(3), delete
the word "return" and add "documentation", page 2(C) delete
"reports and returns" and add the word "documentation".
Jim Wells moved approval of ordinance No.#83-25, Series of 1983,
on first reading with the corrections that were indicated., The
motion was seconded by Larry Kumpost. There being no further
discussion the Mayor called for a roll call. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J.
Wells, Al Connell. There were no nay votes. The motion was
unanimously carried.
First reading of Ordinance No.#83-26, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.28 OF THE AVON MUNICIPAL CODE, PERTAINING TO THE
PUBLIC ACCOMMODATIONS TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS,
ISSUANCE OF SUBPOENAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN
INFORMATION TO BE CONFIDENTIAL.
Jim Wells moved approval of Ordinance No.#83-26-, Series of 1983 on
first reading. The motion was seconded by Larry Kumpost. There
being no further discussion, the Mayor called for a roll call.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells. Al Connell voted nay. The motion carried.
Discussion followed.
Al Connell stated that he had concern with the fact that business
persons could have their books audited. He stated that the person
would almost have to comply with what the Council determines.
Councilwoman Davis stated that the Council would not be making the
request to have the books audited, that the Council would not be
getting involved. She stated that the ordinannce reads that one
of the staff would be making the request and didn't think the Judge
would uphold that request unless there would be just cause. At
that point Councilman Connell requested that he be allowed to
change his vote.
Sheila Davis moved that Council reconsider the vote on the last
motion of the last ordinance. The motion was seconded by A.J.
Wells and was unanimously carried.
The Mayor then called for a motion to adopt Ordinance No.#83-26
on first reading. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There
were no nay votes. The motion was unanimously carried.
First reading of Ordinance No.#83-27, Series of 1983, AN ORDINANCE
REGULATING BUSINESSES WITHIN THE TOWN OF AVON BY REQUIRING
REGISTRATION OF BUSINESSES AND THE EMPLOYEES THEREOF; REPEALING
CHAPTER 5.04 OF THE AVON MUNICIPAL CODE; AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
The Mayor called for discussion.
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Larry Kumpost stated he had concern with the wording in Section
1(C) regarding the request for date of birth, social security
number of each person and of each corporation officer and each
shareholder of the corporation and also in Section 3 he had concern
with the annual update. He felt it should not have to be the
responsibility of the applicant to file an annual update
registration form.
After discussion Larry Kumpost requested that staff rewrite the
ordinance so that paragraph C merely requires the name of the
business owner, type of business and approximate number of
employees and in Section 3, that the annual update be
clarified so that what the practice is, is what's written in the
ordinance. Sheila Davis moved to table Ordinance No.#83-27, Series
of 1983. The motion was seconded by Al Connell and was unanimously
carried.
First reading of Ordinance No.#83-28, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.08, OF THE AVON MUNICIPAL CODE, PERTAINING TO
THE SALES TAX, WITH RESPECT TO ISSUANCE AND ENFORCEMENT OF
SUBPOENAS.
The Town Attorney stated that the purpose of this ordinance was to
bring the sales tax provisions with respect to requests for
documents in attendance of witnesses issuance of subpoenas, so that
it is the same as the provisions in the real estate property tax
ordinance and the bed tax ordinance. Jim Wells moved approval of
Ordinance No.#83-28, Series of 1983, on first reading. The motion
was seconded by Al Connell. Their being no further discussion the
Mayor called for a roll call. Those councilmembers voting aye
were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells-, Al
Connell. There were no nay votes. The motion was unanimously
carried.
First reading of Ordinance No.#83-29, Series of 1983, AN ORDINANCE
DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND
ORDINANCE."
Jim Wells moved to table ordinance No. #83-29, Series of 1983,
until the next Regular Council Meeting. The motion was seconded by
Al Connell and was unanimously carried.
Be it noted that there will be a public hearing on first and second
reading of this ordinance.
The VRA Marketing Study will be referred to later in the meeting.
The Town Manager reported on the meeting regarding Tract P. He
stated there were representatives of all involved parties of the
Agreements. They discussed the future of Tract P. He stated that
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the committee wants to review the documents regarding Tract P and
the legal opinion of Attorney Art Abplanalp. These are being sent
to all interested parties. Mr. Blodgett stated that the
Superintendent of Schools stated they definitely would not
develop that parcel in the next eight years.
It was stated that if the school board did develop the site at that
time, it would be for a middle school. Mr. Blodgett stated that
the school board would not object if the town would want to use the
site as a park.
He stated that there were several approaches outlined, 1) we have
to look at the needs of the School District; 2) we have to deter-
mine how to release the land, there is a question a) should there
be a payment from the Town of Avon, b) should there be a payment
from Benchmark Co. and VA, or c) should there be a payment from all
three of these entities; 3) should we be looking at another site
in mid-valley Mr. Blodgett stated that there will be another
meeting scheduled in a month's time, to discuss this matter
further.
After lengthy discussion the mayor stated that the Council should
encourage the committee to pressure the School Board to make some
kind of commitment and then schedule it on a work session possibly
the first meeting in July.
Next on the agenda was Robert Brownlee, owner of the duplex on Lot
#40, Block #2, Benchmark Subdivision. Alice Parsons approached the
Council. She was representing Mr. Brownlee. Mr. Brownlee was
appealing the decision of the DRB ruling. The DRB's action denied
his request to add a third story and deck to his existing two story
structure. The primary reason for denial was that the elevation
of the northeast side of the structure were not provided. It
was recommended that this matter be referred back to P & Z for
additional consideration.
A.J. Wells moved to refer this matter back to P & Z, and to waive
the additional fees. The motion was seconded by Al Connell and was
unanimously carried.
Beacon Hill, Lot#70, Block #1, Benchmark Subdivision. This was
before the Council for a preliminary-final approval.
Mr. Kvach stated that the plat met the requirements of state and
local platting regulations. He recommended approval subject to
final attorney's opinion on the Condominium Declarations. The
Mayor opened the meeting for public hearing. There being no one
wishing to be heard the Mayor closed the public hearing.
Al Connell moved approval of the plat for Beacon Hill, Lot #70,
Block #1, Benchmark Subdivision, subject to the attorney's opinion
of the Condo Declarations. The motion was seconded by Greg Gage
and was unanimously carried.
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The Town Attorney reported on the Roche Constructors, Inc.,
Litigation. He stated that he had been informed by the attorney
for Roche Constructors, Inc., that the litigation had been
resolved. The parties are in the process of stipulating to an
order to be entered by the Denver District Court. He stated when he
receives that order it will then be necessary for the town to pay
all amounts which are still retained in connection with the Roche
account. Mr. Dunn recommended that Council move that a check be
authorized to pay that final amount.
A.J. Wells moved to authorize payment of the balance due to Roche
Constructors, Inc., approximately $10,000-512,000, and if it is
more than that amount Mr. Dunn would come back for authorization.
The motion was seconded by Al Connell and was unanimously carried.
The Town Attorney discussed the letters dated June 9, 1983, in
respect to the interpretation of the portion of 6.2 and the portion
of 4.5 of the Town's charter.
Section 6.2 is regarding the number of votes for the passage of an
ordinance. He stated his conclusion of that section was in order
to adopt an ordinance assuming there are no disqualifications from
voting, that four votes are required. He stated the number is not
reduced by the absence of Councilmembers. Less than four votes
would be required only when the number is reduced because of
conflict of interest.
Section 4.5 of the charter is regarding the Mayor Pro-Tem. Mr.
Dunn stated his conclusion was that the Mayor Pro-Tem has no power
at all. He stated that his opinion that the powers of the Mayor -
Pro-Tem in absence of the Mayor are the same as the Mayor's powers
except only that the Mayor Pro-Tem may not vote to break a tie.
There was a lengthy discussion on both of these sections.
After discussion it was agreed by Council to submit this matter of
section 6.2 and 4.5 of the charter to Bond Counsel for their
opinion.
Paula Palmateer approached the Council. She, once again, addressed
the VRA Marketing Study. She stated the last time she was before
the Council she was requesting dollars to go toward the study that
Stan Bernstein was doing. She stated at the time VRA was
considering as one of it's stratgies as for becoming more marketing
aggressive organization, expanding it's boundaries to include
something bigger than the VRA, bigger than Vail. She stated-since
then they have taken a different approach to a formal organization.
At this time Mr. Bernstein has completed his study of revenue
sources available within the Vail Town boundaries. She stated
that the cost of the study is $7,500 and they do have commitments
from Arrowhead, Beaver Creek and other developers and feel that the
$1,000 request from Avon would be a fair share and would give the
town very valuable information.
Gail Wahrlich approached the Council. Gail is a member of the Vail
Town Council. She discussed and reviewed the VRA Marketing Study.
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She stated in its input process on its entire proposal the VRA felt
it was extremely important that before they even get into the
particulars, they need to identify whether there is interest in
some of the down valley towns for this pooling of dollars on a
voluntary basis. What the VRA Board would be looking at would be a
three year voluntary commitment with an actual study or analysis
trying to happen each year to see where it is working or where
it is not working. She stated the actual amount of dollars that
they would be looking for from the down valley entities and how
they actually structure this loosely structural alliance are still
questionable. She stated that she was looking for input from the
Council as to whether they thought an alliance such as this has the
merit and if so, what other input could they give regarding the
process. She stated that the study that Mr. Bernstein was doing
was regarding the tax base for funding down valley marketing. The
Alliance is not a tax based funding source, it's just simply a pool
ing of monies. It was stated that they had commitments from Beaver
Creek of $2,500, Arrowhead of $2,500, Warner Properties of $500,
Berry Creek $500, Benchmark Companies $500 and the Upper Eagle
Valley Chamber $100.
A.J. Wells stated that the overall concept has a lot of merit and
the price of $1,000 to see where it takes us is fair. He stated he
wasn't sure he could justify the money for the study, but on its
own the study would provide the town with a lot of information.
A.J. Wells moved to authorize $1,000 to Vail Resort Association so
that the town could participate in a down valley marketing alliance
of some sort. The motion was seconded by Greg Gage and was
unanimously carried.
The Council recessed at 10:15 p.m. and reconvened at 10:40 p.m.
Larry Kumpost moved to appoint Greg Gage as the Town of Avon's
representative for the Alliance of the down valley marketing. The
motion was seconded by A.J. Wells and was unanimously carried. It
was suggested that the town should encourage the Chamber to get
involved.
The Town Manager reported on the cars in the Eagle River. He
stated that the town had received $250 from Benchmark Companies,
$250 from Beaver Creek/Vail Associates, and $100 from the Chamber.
The $500 was used for the removal of the cars and the $100 would be
used for the fencing where the cars were.
The Town Manager reported on the Lift Bus System. Mr. Blodgett
stated that this was discussed in the afternoon work session and
was agreed to proceed, that the Town of Avon would be taking over
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the Lift this year and requested to authorize the endorsement of
the Transit Council. He stated they are in the process of drafting
some By-Laws and then when the By-Laws are completed, that would be
the appropriate time to receive input from the Council so that they
would be all in agreement with the By-Laws of how the Transit
Counsel would function and also at that time appoint a member to
the Transit Council.
The Town Manager reported on the Town's Annual Insurance Renewal.
Mr. James stated he had met with the town's insurance agent to
review the Town's insurances. He stated through that process he
had updated all these three policies. He stated in regard to the
health insurance, Safeco, they are increasing their insurance 30%
over last year. He stated he would go to other markets for
comparative prices. He stated that he would update the Council at
the June 28th meeting.
After discussion A.J. Wells moved to authorize renewal for the
Commercial, Auto and Inland Marine Policies through T. Charles
Wilson Insurance Agency and to follow-up on the health insurance on
the 28th of June Council Meeting. The motion was seconded by Larry
Kumpost and was unanimously carried.
At that point the Council referred back to the Lift Bus System.
Mr. Blodgett stated that a resolution would be drawn up to
officially release Vail and the Town of Avon to accept the Lift
Bus System. In the meantime he would be working with the County
drafting some By-Laws on the Transit Counsel. That was the
consensus of the Council at the work session of that afternoon.
The Town Manager stated that the Finance Director would like
authorization to apply for impact funds to help offset some of our
costs on the Avon Road beautification.
Sheila Davis moved to authorize Bill James to apply for some impact
funds. The motion was seconded by Larry Kumpost and was
unanimously carried.
The Town Manager reported on the traffic signal for the intersection
of Avon Road and Beaver Creek Boulevard. He stated that Mr.
Campbell, District Traffic Engineer stated he has not received the
final word from the Denver office. Mr. Campbell has to get final
approval from Denver before he can proceed. Mr. Blodgett stated
that Mr. Campbell plans to attend the Council Meeting of June 28th
and he will make an official presentation at that time.
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The Town manager reported on the weed control on vacant lots. It
was requested that Council consider having an ordinance drafted
that would require private landowners to mow their lots whenever
the height of the vegetation exceeds 18".
The Council felt that there was a provision in the ordinances
already and suggested that staff research further before Council
consider their recommendation.
A.J. Wells moved to proceed with the Nottingham Park site
furnishings. The motion was seconded by Sheila Davis and was
unanimously carried.
The continuation of Rodger Denton's services were next presented to
the Council. At that point Richard Matthews of Matthews and
Associates approached the Council. Mr. Matthews presented the
Council with his references and some of the landscaping projects
they have completed. He stated they now have offices in Avon.
He stated he felt that their firm has the expertise to do
the work on the town beautification. He stated that they would be
bidding the project. Because of Rodger Denton moving to Kansas,
the Council agreed that his services are no longer needed.
After lengthy discussion Greg Gage moved to instruct the town
engineer to meet with Matthew and Associates to pursue the .
completion of design aspect of the improvements as outlined in Norm
Wood's memorandum to the Town Council. The motion was seconded by
Al Connell.
Larry Kumpost stated it should be done on a competitive bid. There
was discussion on this matter.
Lenghty discussion followed.
There being no further input or discussion the motion was
unanimously carried by Council.
The Town Manager reported on the enclosures for trash receptacles.
He stated he wanted to alert the Council that staff would like to
enforce the trash storage ordinance and notify people in town that
they are in violation. The Council agreed to proceed.
The Mayor reported that there was a meeting scheduled with Joe
Hartman of the Forest Service to meet with the members of the
Council and the Avon Metropolitan District. The meeting was
scheduled for Monday, June 20th at 3:30 p.m. in the Council
Chambers. This meeting is in regards to the Homestake Phase II,
Environmental Impact.
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The Mayor reported on the Town picnic. He reminded everyone of the
Summer Solstice and would encourage everyone to attend.
The Mayor reported on the watering of the Cottonwood trees on West
Beaver Creek Boulevard. He stated that the trees were not getting
enough water and for the town to go in and water the trees. The
town may need an easement because of the trees being on private
property. It was agreed to instruct the town attorney to prepare
a maintenance easement agreement.
The Financial Matters were next presented to the Council
A.J. Wells moved to receive items #1 through #10. The motion was
seconded by Larry Kumpost and was unanimously carried.
Sheila Davis moved approval of the General Fund Accounts Payable of
June 14, 1983. The motion was seconded by Greg Gage and was
unanimously carried.
Sheila Davis moved approval of the Public Works Fund Accounts
Payable, the Transit Fund Accounts Payable, Mall Maintenance Fund
Accounts Payable, Mall Construction Fund Accounts Payable of June
14, 1983. The motion was seconded by Greg Gage and was
unanimously carried.
Larry Kumpost moved approval of the Reconciliation Sheet of the
Accounts Payable of June 14, 1983. The motion was seconded by
Sheila Davis and was unanimously carried.
The minutes of the May 24, 1983, meeting was next presented to the
Council. Larry Kumpost moved approval of the May 24th minutes with
a typographical error on page 5, second paragraph, line 18, change
"no" to "not". With that correction Al Connell seconded the motion
and was unanimously carried.
The minutes of the Special Meeting of June 7, 1983 were next
presented to the Council. Al Connell moved approval of the minutes
of the June 7, 1983 meeting as presented to the Council. The motion
was seconded by Sheila Davis and was unanimously carried.
Dick Kvach reminded the Council that they needed to return the
questionaire that was presented to them by the consultants as soon
as possible.
There being no further business Larry Kumpost moved to adjourn.
The motion was seconded by A.J. Wells. The Mayor adjourned the
meeting at 12:05 a.m.
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