TC Minutes 10-11-19830 0
MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
OCTOBER 11, 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 7:45
p.m. A roll call was taken with Larry Kumpost, Sheila Davis, A.J.
Wells, Al Connell and Don Buick present. Also present were: Town
Attorneys John Dunn, Art Abplanalp, 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. Councilman Greg Gage, Town Manager Richard D. Blodgett
and Superintendent of Public Works Dan Sunday were absent.
The Mayor called for Citizen Input.
There being no one wishing to be heard the Mayor closed discussion
for Citizen Input.
At that point the Mayor stated that the Council had interviewed the
applicants that had applied to fill the vacancy for the Planning and
Zoning Commission earlier at the Council Work Session and that
Council made their decision. Don Buick moved to appoint Mrs. Pat
Cuny as the replacement to fill the vacancy on the Planning and
Zoning Commission. The motion was seconded by Larry Kumpost and was
unanimously carried.
Second reading of Ordinance No.#83-35, Series of 1983, AN ORDINANCE
PROVIDING FOR THE CONTROL AND LICENSING OF DOGS AND PROVIDING
PENALTIES FOR THE VIOLATIO14 THEREOF.
Attorney Art Abplanalp stated that the changes that were suggested
by Council were made. The six foot length of the leash for a dog
was discussed. After discussion Al Connell moved to amend the
ordinance to change the length of the leash from six feet to twelve
feet. These changes were made on page 2(B) and page 3(N). The
motion was seconded by Larry Kumpost and was unanimously carried.
Page 2 (Bodily Injury) delete the word "bite." Sheila Davis so
moved. The motion was seconded by Don Buick and was unanimously
carried.
The Mayor opened the meeting for public hearing for the ordinance.
Clint Watkins, resident of Avon, approached the Council. Mr.
Watkins stated he had a concern with the provision that a resident
has to have AP, dog on a leash in his yar or the provision that it
has to be enclosed in his yard. He felt it was an outlandish
ordinance. Councilwoman Davis agreed.
Discussion followed. There being no further discussion the Mayor
closed the public hearing.
A.J. Wells moved approval of Ordinance No.#83-35 as amended on
second reading. The motion was seconded by Don Buick.
Discussion followed. Mr. Abplanalp suggested that on page 3(N) line
seven, after the word "yard" add "of the owner or other person
responsible for the dog." The Council agreed.
A.J. Wells withdrew his motion Don Buick withdrew his second on the
motion.
A.J. Wells moved to amend definition (N) as stated by Art Abplanalp.
The motion was seconded by Larry Kumpost and was unanimously
carried.
A.J. Wells moved approval of Ordinance No.#83-35, Series of 1983, as
amended 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. Sheila Davis voted nay. The motion carried.
Resolution No.#83-40, Series of 1983, A RESOLUTION CONCERNING THE
LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS "TOWN OF AVON,
COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE
SHORT TITLE "TOWN CENTER MALL ASSESSMENT CONFIRMATION RESOLUTION";
CONFIRMING ACTION TAKEN PRELIMINARY TO THE LEVY OF SPECIAL
ASSESSMENTS IN CONNECTION WITH SAID DISTRICT; CONFIRMING THE
PROPOSED ASSESSMENT ROLL AND ASSESSMENTS THEREIN FOR THE DISTRICT;
AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH.
Be it noted that Don Buick stepped down because of conflict of
interest. Mr. Dunn stated that this resolution and ordinance were
in regards to the assessments to the Mall. The resolution deals
with any objections to the Assessment Roll or if there are no
objections, the Assessment Roll would be confirmed. After this
action by resolution it would then be in order for the Council to
adopt on first reading the Ordinance assessing the improvements.
The County Treasurer would then place those Assessments on the tax
bills of the adjacent property owners. Mr. Dunn stated that there
were no written objections filed with the Clerk.
The Mayor called for comments from the audience. There being none
the Mayor closed the public hearing. Attorney John Dunn then read
the resolution by title. He stated that copies of the notice were
sent to each adjacent property owner. Mr. Dunn stated to delete
"modifying and" in the title. The attorney then reviewed the
resolution with the Council.
Larry Kumpost moved to adopt Resolution No.#83-40. The motion was
seconded by Al Connell and was unanimously carried.
Ordinance No.#83-37, Series of 1983, AN ORDINANCE CONCERNING TOWN OF
AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT DISTRICT;
DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSEMNT ORDINANCE";
RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING
THE COSTS OF THE MALL AND PARK IMPROVEME14TS THEREIN, INCLUDING ALL
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INCIDENTAL EXP ISES, AGAINST THE LOTS, 0106R TRACTS OR PARCELS OF
LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT;
DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE
ASSESSMENTS; PROVIDING PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING
FOR THE DISBURSEMENT OF THE ASSESSMENTS AND A14Y PENALTIES; AND
PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS.
The ordinance was then read by title. The attorney stated that on
page 11, strike the second paragraph. The third paragraph strike
"mall and park improvements in the District had been completed by
the contractor and accepted by the Council that the", page 12, first
paragraph, strike, "except to the extent the Council heretofore
revised, corrected, or set aside any assessment, or ordered any
assessment to be made de novo", the same paragraph strike, "as so
modified" strike "except to such extent", page 13, first paragraph
strike "modified and", page 14, section 6, line seven strike the
word "Manager".
After review of the ordinance Al Connell moved approval of Ordinance
No.#83-37, on first reading as amended. The motion was seconded by
A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, A.J. Wells and Al Connell. There were no nay votes.
Don Buick abstained. The motion carried.
Larry Kumpost moved to have the ordinance published in the Vail
Trail October 14, 1983 in the form set forth. The motion was
seconded by A.J. Wells. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, A.J. Wells & Al Connell. There were no
nay votes. Don Buick abstained. The motion carried.
The Avon Sign License Agreement was then presented to the Council.
Be it noted that A.J. Wells stepped down because of conflict of
interest. Mr. Abplanalp stated that there was a change in the
Agreement which was suggested by Norm Wood that it would be
necessary that an easement be granted along the interstate highway
for the purpose of getting electricity to the project.
After discussion Larry Kumpost moved approval of the Agreement as
presented and to authorize the Mayor Pro-Tem to execute the
Agreement. The motion was seconded by Al Connell and was carried
with A.J. Wells abstaining and Mayor Allan Nottingham abstaining
from discussion.
The fourth bus was then discussed. Norm Wood stated that he had
obtained a verbal quote from the Sales Representative of the Orion
Bus. Mr. Wood stated a price of $104,765 had been quoted to him,
but would like to have a leeway of approximately $110,000.
If he placed the order this month, the delivery date would be
approximately December 1, 1983. The painting of the bus would be
included in the price. After discussion Sheila Davis moved to
authorize the Town Engineer to proceed to purchase the fourth bus,
not to exceed $110,000. If the amount runs over, then the Town
Engineer would appear before the Council for approval for additional
funds. The motion was seconded by A.J. Wells and was unanimously
carried.
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• 0
Larry Kumpost moved to accept the recommendation from the Audit
Selection Committee and appoint Van Schooneveld and Co., Inc., as
the auditors for the 1983 Town of Avon audit at the cost of $7,500.
The motion was seconded by Al Connell and was unanimously carried.
The mayor stated the the proposed budget was before the Council for
public hearing. He stated the notice had been posted, copies of the
proposed budget were in the office of the Town Clerk for public
review. The Mayor then opened the meeting for public hearing on the
proposed budget. Mr. Watkins stated that Mr. James and Mr. Blodgett
did an admirable job preparing the budget and the Council also did a
good job in reviewing the budget. He stated he did have a problem
with this being the only public hearing and that he had not seen the
changes as yet and found it very difficult to talk about the budget
without first reviewing those changes. It was suggested that the
Council not have their final public hearing until the Council has a
proposed final budget.
Mr. Watkins stated he did have a concern with the Council increasing
the mill levy to because of the Avon Pietro District decreasing their
mill levy. He felt that there was not any necessary collation
between the two districts. He stated that it appeared to him that
this money was going into a new item, the proposed use of tax monies
to market the Town, to promote the Town and the area. He felt that
the use of tax funds to promote the Triathlon may be agreeable, but
to set up a Central Reservation System with tax funds may not be
quite as popular to the taxpayers.
After discussion it was agreed that Council would have a budget work
session on October 18, 1983 at 7:30 p.m. The Council at that time
would also meet with the Chamber of Commerce to discuss marketing.
Resolution No.#83-38, A RESOLUTION APPROVING A SPECIAL REVIEW USE
FOR A DAY CAFE CENTER/PRE-SCHOOL ON COMMERCIAL SPACE #1107, LOT A,
BLOCK #2, BENCHMARK SUBDIVISION.
Mr. Kvach stated that the P & Z has reviewed the Special Review Use
and recommended approval subject to the two conditions (see
Resolution No.#83-38). The resolution has been submitted to the
Council for their consideration. Mr. Dennis Cole, attorney for the
applicants, stated he had reviewed the resolution and that it meets
with their approval.
Mr. Cole stated that they have entered into a two-year lease at the
Avon Center. Mr. Cole stated that the three criterias listed in the
resolution met with their approval. 1) That the Day Care Center
would not use the bus stop for drop-off and pick-up of the children.
2) Until such time as the paving is completed on the additional
parking at Avon Center, that the Day Care Center would not use the
area that is paved, but would use the gravel area, and 3) That the
outdoor recreation area must be approved by the Planning and Zoning
Commission. He stated that they have 1500 square feet of outdoor
recreation area. The Center would cater to children from 2 years to
6 years old. He stated that Dave Cole ownes Lot#56 and the Center has
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entered into *Agreement with Dave Cole ~r
the outdoor recreation area. Mr. Dennis Cole
move their recreation area. This lease could
thirty-day written notice if Dave Cole should
other use of the lot. The Center's intention
approximately two years.
the use of Lot#56 for
stated though they may
be terminated in a
decide to make some
is to use the lot for
After discussion Al Connell moved approval of Resolution No.#83-38,
Series of 1983, subject to Dennis Cole submitting the necessary
documents to prove that they have access to the play area through
Lot#56 and that the drop-off area be improved and available for a
two year period. The motion was seconded by A.J. Wells and was
carried with Don Buick abstaining.
Resolution No.#83-39, Series of 1983, A RESOLUTION APPROVING A
SPECIAL REVIEW USE FOR PRE-SCHOOL/DAY CARE CENTER ON LOT 23, BLOCK
#1, BENCHMARK SUBDIVISION.
Mr. Dave Helmer, President of the Land of Oz Day Care Center,
approached the Council. The other principles were Joann Grove,
Executive Director, and Rick Jones. Mr. Helmer stated that they
reviewed the resolution and that it does meet with their approval.
He stated that they are catering to children from six weeks to six
years and are also developing a program for the Latch-Key Children.
The Day Care Center would be located at the Wolff Warehouse, Lot
#23, Block #1, Benchmark Subdivision. He stated that they do have a
lease with Mr. Wolff. They are going to use 3500 sq.ft. of the
5,000 sq.ft. and they are going to have inside the building 1500
sq.ft. of indoor-outdoor play area as well as having a 1560 sq.ft.
immediately adjacent to an outside area.
Mr. Helmer stated that there were four conditions contained in the
resolution (see Resolution No.#83-39).
He stated that in regards to item #4, that the asphalt could
possibly be done in the spring. Mr. Helmer stated that they would
be agreeable to post a Bond or pay to the Town a cash deposit. The
cost for the asphalting would be $880.
Dennis Cole approached the Council. He stated that he represents
Mr. Wolff. Mr. Cole stated that Mr. Wolff had not yet signed a
lease. Mr. Cole stated that Mr. Wolff has authorized Mr. Helmer to
comment and petition for this approval, but that he wanted it
understood that he had not signed a lease as yet. Mr. Cole also
stated that Mr. Wolff wanted it understood that if additional
parking or drop-off was required that it would be done on the Town's
right-of-way.
After discussion Don Buick moved approval of Resolution No.#83-39
subject to the modification on the paving as well as a copy of the
executed lease. The motion was seconded by A.J. Wells and was
unanimously carried.
It was stated that the Day Care Center be required to post a Bond or
a cash deposit, preferably a cash deposit for the paving. It was
agreed.
The change order for.the Nottingham Bike Path lighting was then
discussed. Mr. Wood stated this change order was for three
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additional lig9 fixtures and place remaiLng circuits on a time
clock override. This would be an additional amount of $2,866.45.
The new contract price would now be in the amount of $54,730.89.
A.J. Wells moved to authorize the Mayor to execute the change order.
The motion was seconded by Don Buick and was unanimously carried.
The Financial Matters were next presented to the Council
Dori Buick moved to receive items #1 through #11. The motion was
seconded by A.J. Wells and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable of
October 11, 1983. The motion was seconded by Al Connell and was
unanimously carried.
Don Buick moved approval of the Transit Fund, Mall Maintenance Fund,
Mall Construction Fund, Public Works Fund and the Capital Projects
Fund of Accounts Payable. The motion was seconded by Al Connell and
was unanimously carried.
Don Buick moved approval of the Reconciliation Sheet of Accounts
Payable. The motion was seconded by Larry Kumpost and was
unanimously carried.
The minutes of the September 27, 1983 meeting was then presented to
the Council. Al Connell moved approval of the minutes of the
September 27th meeting. The motion was seconded by Larry Kumpost
and was unanimously carried.
There being no further business Don Buick moved to adjourn. The
motion was seconded by A.J. Wells. The Mayor adjourned the meeting
at 9:55 p.m.
The Council then went into executive session.
Respec lly Submitte'°
By
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Patricia J. D le, Town Cie k
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