TC Minutes 12-14-1982MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON COUNCIL
HELD DECEMBER 14, 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 7:50 p.m. A roll call was taken
with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and AI Connell.present.: Also
present were Town Attorney John Dunn, Town Manager Dick Blodgett, Town Planner Dick Kvach,
Finance Director Bill James, 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 23rd
meeting. Sheila Davis moved approval of the minutes of the November 23rd meeting with
these corrections: Page 5, 6th paragraph change to read, "that he had not been elected,
but had been appointed by the Council", page 2, 7th paragraph change to read, "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". With those corrections Greg Gage 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 Mayor stated that at that point the Council would elect a new Councilmember. He
stated that there were five applicants and all were interviewed at a special session.
At that point the Council voted by closed ballot. After the ballots were collected
and counted, it was announced by the Town Clerk that the Council elected Donald Buick.
Mr. Buick was then sworn in and he took his position on the rostrum. A letter of
appreciation would be written and sent to the other applicants.
The Financial Matters were next presented to the Council. It was requested that the
Town Manager look into setting up an in-house attorney. After discussion Larry Kumpost
moved to receive items #1 through X68 for informational purposes. The motion was seconded
by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The motion
was unanimously carried.
The General Accounts Payable was next presented to the Council. It was requested that
the Master Card bill be itemized. After discussion Larry Kumpost moved approval of the
General Accounts Payable subject to verification that the work done by Woodlife Industries
was done in conformance with the contract. The motion was seconded by Al Connell.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell, and Don Buick. There were no nay votes. The motion was unanimously carried.
A.J. Wells moved approval of the reconciliation sheet dated December 14, 1982. The
motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, 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 he had received a settlement payment from the Public
Service Company of Colorado. He stated the payment was in the amount of $809.39 of a
damage claim. Mr. Blodgett stated the Town had already received one check and that the
second check was a supplement check. He recommended that the Council receive the payment
and then authorize the Town Manager, in return, to make a check to Benchmark Companies
who put up the monies for the Town when it was needed.
Sheila Davis moved to accept the settlement payment from Public Service Company and
that the Town pay back 75% to Benchmark Companies for the monies they had paid for the
repair of the road. The motion was seconded by Al Connell. Those Councilmembers voting
aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, and Don Buick. There
were no nay votes. A.J. Wells and Allan Nottingham abstained. The motion carried.
There were no citizens wishing to address any item to the Council.
Second reading of Ordinance No.#82-28, Series of 1982, AN ORDINANCE AUTHORIZING
EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS.
The Town Manager stated that these leases covered the buses, pick up truck and the
Oshkosh. There was no public comment. Mr. Blodgett stated that the Ordinance was
posted incorrectly, therefore, he would recommend that the 14th Council Meeting be
continued until next Tuesday, December 21, 1982 at noon and that the Council take action
at that time for second reading. After discussion Larry Kumpost moved to continue
the hearing of Ordinance No.#82-28 to Tuesday, December 21, 1982 at 12:00 noon. The
motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes.
The motion was unanimously carried.
First reading of Ordinance No.#82-29, Series of 1982,
It was stated that there would be some changes to this
companies would review the Model Franchise Agreement.
until a later date.
First reading of Ordinance No.#82-22, Series of 1982,
DEFINING NUISANCE RELATED TO THE ACCUMULATION OF SNOW3
PROVISIONS REGARDING THE RECOVERY OF COSTS INCURRED IN
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
MODEL FRANCHISE AGREEMENT.
Ordinance and that the gas
This Ordinance would be continued
AN ORDINANCE CONCERNED WITH
AND MODIFYING THE GENERAL
ABATEMENT ACTIONS AND PROVIDING
There were deletions, and corrections to this Ordinance.
This Ordinance was referred to the DRB for their recommendations. After lengthy
discussion Sheila Davis moved approval of Ordinance No.#82-22, Series of 1982 on first
reading with these changes, page 1, Section 1-C, would be deleted, page 2, Section
8.24.110(A) add, "or snow accumulation conditions", Section 8.24.110(B) change to read,
"No owner, occupant or manager of real property or improvement shall allow or permit
snow to accumulate on any off-street parking or walkway areas that are located on his
property to the degree that said areas become impassable", page 2, Section 4-D change
"12 hours" to "24 hours". The Ordinance was then read by title. 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 Don Buick. There were no nay votes. The
motion was unanimously carried.
First reading of Ordinance No.#82-23, Series of 1982, AN ORDINANCE REQUIRING ANY
PERSON, BUSINESS OR-CORPORATION WHO PLOWS, REMOVES OR STRIPS SNOW OR ICE FROM PRIVATE
PROPERTY FOR A FEE OR CHARGE OF ANY KIND TO OBTAIN A PERMIT FROM THE TOWN; SETTING
FORTH CERTAIN INFORMATION TO BE PROVIDED THE TOWN BY A PERMITTEE; SETTING FORTH
REQUIREMENTS FOR PERMITTEES; AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
This Ordinance was also referred to DRB for their recommendations. After discussion
Larry Kumpost moved approval of Ordinance No.#82-23, Series of 1982 on first reading
with the modifications that were recommended by DRB which was in Section 5.20.070(A)
change to read "Snow from private property shall not be pushed, deposited or left on
any public street, way, park or green belt area unless approved by the Director of
Public Works". It was agreed to leave in "Requirements of Permittee", and that the
Town Attorney investigate the Workmen's Compensation for independent non-employee firms.
A.J. Wells seconded the motion. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay
votes. The motion was unanimously carried.
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First reading of Ordinance No.#82-24, Series of 1982, AN ORDINANCE AMENDING SECTIONS
17.20.170, OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO ALLOWED
DENSITIES.
Dennis Cole approached the Council. He stated that after several meetings and
discussions, that he had felt that it was at the point now where this matter could
go to a public hearing where all interested parties would have a chance to discuss
the issues that were involved in this Ordinance.
Mr. Cole recommended that the Council approve the Ordinance on first reading and set
the public hearing for the second meeting in January with the understanding that a
workshop session would be held on the day of the first meeting in January. He stated
he would notify VA and the County of all public hearings. It was requested that
Mr. Cole clarify the language in paragraph B and C on page 2, as to how they might
identify the 'impacts on the parks, and also to clarify that the rules and regulations
and requirements of other governmental entities would be utilized in the DRB approvals
and also on the last page of the Ordinance, clarification of what approval, as far as
from the Town of Avon.
After discussion A.J. Wells moved approval of Ordinance No.#82-24, Series of 1982 on
first reading provided that for the second reading the Council have a redraft to clarify
paragraph B and C on page 2, and to clarify the last sentence of the Ordinance, to add
a provision to the effect that the lot lines and related easements would be vacated in
the event the hotel is constructed, paragraph 4, striking of the words "containing
400 or more accommodation units or equivalent dwelling units". The motion was seconded
by Al Connell.
Mr. Watkins, a member of the public, stated that he was concerned with the density
units.
After some discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, and Al Connell. There were no nay votes. A.J. Wells and Don Buick abstained.
The motion carried.
Larry Kumpost moved to direct the Planner to report back to the Council at the continued
meeting which would be held next Tuesday at 12:00 noon with a letter describing the
method that the Council should proceed in order to start action to revise and re-evaluate
the Master Plan. The motion was seconded by Greg Gage. Those Councilmembers voting
aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick.
There were no nay votes. The motion was unanimously carried.
Resolution No.#82-30, Series of 1982, CONTRIBUTIONS FROM CHRISTIE LODGE AND AVON
CENTER FOR BUSES.
In the second Whereas paragraph change "condominium owners association" to certain
private entities", in the fourth paragraph, change "condominium owners association"
to "certain private entities", in the pledge agreements change to read "Western States
Management Company" and "Arroyo Company" as the contributors.
After discussion A.J. Wells moved approval of Resolution No.#82-30 with the changes.
The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, A.J. Wells, and Don Buick. There
were no nay votes. The motion was unanimously carried.
The changing of the DRB meetings from the first and third Thursday to the second and
forth Thursday was discussed. Mr. Kvach stated that his change would allow the
staff more time to prepare the material for the Councils action. The second change
would be to change the wording in the rules and regulations, instead of the Town Clerk
posting all the notices and maintaining the files, it would be the responsibility
of the Secretary to the DRB. After discussion Sheila Davis moved approval of
Resolution No.#82-39. 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
Don Buick. There were no nay votes. The motion was unanimously carried.
Savoy Square Lot #73/74, Block #2 Benchmark at Beaver Creek.
Mr. Kvach stated that his was for a sketch plan review approval only. Bill Pierce
reviewed the plan with the Council.
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After discussion A.J. Wells moved approval of Resolution No.#82-38. The motion was
seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila
Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay votes. The
motion was unanimously carried.
Tom Backhus Chairman of the Chamber of Commerce approached the Council. He wanted to
inform the Council of the winter festival that the Chamber was involved in. The event
would take place on February 26th and 27th, 1983. It would be held at Beaver Creek
and the Town of Avon.
Mr. Backhus was requesting personnel help and support. Mr. Backhus was asking the
Council to consider a contingency fund of between $3,000 to $5,000 if it would be
needed.
It was suggested that the Chamber submit a budget. The Mayor thanked Mr. Backhus for
the presentation.
George Rosenberg on behalf of the landowners committee for the Benchmark at Beaver Creek
Subdivision approached the Council. Mr. Rosenberg wanted to discuss the Special Use
Permit for the Avon STOLport. He stated that it was before the County Commissioners on
November 23rd, 1982 and at that time it was requested to expand the use of the STOLport
to cover emergency medical evacuations. He stated that the commissioners have continued
the hearing until December 29, 1982. He stated that the Benchmark Landowners were not
opposed to the emergency evacuations, but did have some valid concerns and have submitted
some recommendations. He stated that if they do proceed, that the service be carried
out to the same or higher standards that Rocky Mountain was using. Mr. Rosenberg stated
that they were concerned with other services coming in with additional services.
Dr. Steinberg and physicians from Vail Valley Medical Center stated that they had set
some ground rules on how it should be controlled. After lengthy discussion the Council
recommended that the Town representative attend the hearing with the recommendations of
the language that was submitted in a letter dated December 7, 1982 to-be used to
establish the policy for emergency evacuations. Also add to the language,"operations
restricted to day time VFR conditions only unless appropriate certifications can be obtained
for IFR conditions".
Dan Sunday Superintendent of Public Works approached the Council. He discussed the
proposed Sleigh Rides in the park and the proposed purchase of the snow blower
attachment and cab.
After discussion Don Buick moved approval of the Sleigh Rides as outlined by Dan
Sunday and also authorize the purchase of the snow blower attachement and cab subject
to adding a termination clause in the agreement which would be reviewed by the Council.
The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There
were no nay votes. The motion was unanimously carried.
The Fee Policy for Recreational Activities was discussed. After lengthy discussion
A.J. Wells moved approval to authorize the information in the recreational fee policy.
The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were
no nay votes. The motion was unanimously carried.
The ice skating on the lake was discussed. It was requested that the attendent that
would be on duty would carry a radio and have some knowledge of basic first aid in case
of an emergency.
After lengthy discussion A.J. Wells moved approval of the ice skating on the lake
subject to Mr. Sunday looking into possibly allowing Hockey playing on the lake.
The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were
no nay votes. The motion was unanimously carried.
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Larry Kumpost moved to authorize the lease purchase of the Bob Cat. 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 Don Buick. There were no nay
votes. The motion was unanimously carried.
The leasing of police cars and the proposed purchase of mobile-radios was discussed.
After discussion A.J. Wells moved to authorize the lease of three 1983 Buick Skylarks
through Hascall Haines, Inc. of Salida, CO. and also to authorize the purchase of
three radios off the State Bid prices in the amount not to exceed $4,100. The motion
was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There were no nay
votes. The motion was unanimously carried.
Resolution No.#82-37, REVISED 1982 BUDGET. After discussion A.J. Wells moved approval
of Resolution No.#82-37, Series of 1982 with a typographical correction "reflect".
The motion was seconded by Sheila Davis. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick. There
were no nay votes. The motion was unanimously carried.
The December 28th Council meeting was cancelled due to a lack of a quorum.
The Town Manager presented a draft copy of the Personnel Policies and Procedures to
the Council for their review and requested to have a work session sometime in January.
The Town Manager reported on the 1982 Uniform Building Code. He stated that the
Ordinance would be scheduled for the first meeting in January.
The Town buses were discussed. The Town Manager stated that they would be delivered
tomorrow (December 15th). The agreement was discussed.
The computer bids were discussed. The Town Manager stated that the committee agreed
to reject all the bids and continue their efforts to put together a computer program.
Larry Kumpost moved to authorize the Town Manager to proceed with Phase I of the
preliminary study of the development of the retirement plan that was outlined in
the A.S. Hansen proposal. 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
Don Buick. There were no nay votes. The motion was unanimously carried.
Larry Kumpost moved to authorize reimbursement of $25.00 for the purchase of a
Colorado Card plus $150.00 for each employee and that the Town would reimburse
these monies based on a percentage scale starting at 25% for the first year employee
to 100% for a four year employee. The $150.00 would be the limit that would apply
to every employee, but the percentage would also apply. The motion was seconded by
Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells; Al Connell, and Don Buick. There were no nay votes. The
motion was unanimously carried.
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Greg Gage moved approval for the Council to receive Stan Bernstein's five year
Comprehensive plan. 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 Don Buick. There were no nay votes. The motion was unanimously carried.
Larry Kumpost moved to continue tonite's meeting until Tuesday, December 21, 1982
at 12:00 noon. The motion was seconded by Greg Gage. Those Councilmembers voting
aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and
Don Buick. There were no nay votes. The motion was unanimously carried.
The meeting was then recessed at 12:40 a.m.
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