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TC Minutes 01-11-1983a MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD JANUARY 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 Nottingham at 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Dick Blodgett, 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 December 14th and the continued meeting which was held on December 21st, 1982. A.J. Wells moved approval of the minutes of December 14th and December 21st, 1982 with this addition on page 4, 5th paragraph "Operations restricted to day time VFR conditions only unless appropriate certifications can be obtained for IFR conditions". With that addition Larry Kumpost 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. The Financial Matters were next presented to the Council. A.J. Wells moved acknowledge- ment receipt of items #1 through #8. The motion was seconded by Larry Kumpost. Those Councilemmbers 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 approval of the accounts payable, item X69. 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. Greg Gage moved approval of the reconciliation sheet dated January 11, 1983. 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. Ruth Cogan the Environmental Health Officer for the Town of Vail approached the Council. She discussed the Smokeless Weekend slated for February 19th, 20th, and 21st, 1983. She was requesting that the Avon residents refrain from using their fireplaces that weekend. She stated that this would be on a volunteer basis only. Ms. Cogan stated that the Town of Vail would be providing the PR for that weekend. After discussion Sheila Davis moved to resolve that Washington's Birthday of February 19th, 20th, and 21st, 1983 be declared as the "Smokeless Weekend". 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. Councilman Kumpost moved to further contact radio stations to see if there would be some way to set up a program to notify the public when there are weather inversions, to refrain from using their fireplaces on a year round basis or have the Planner investigate that when he returns. 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. • • 0 9 Dick Rautio from Man Power approached the Council. He stated that it was a non-profit organization with a voluntary Board of Directors and one paid staff person. The purpose of the organization is to work with local employees to identify the needs for skilled training for their employees. Mr. Rautio was requesting a contribution from the Town of Avon. After discussion Sheila Davis moved approval of a donation of $157.00 to Man Power. 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. Larry Goad representing the Wildridge Subdivision approached the Council. He was requesting substitution of collateral for the Subdivision Improvement Agreement and also report on the remaining improvements in Wildridge Subdivision. At that point A.J. Wells and Mayor Allan Nottingham stepped down because of conflict of interest. Mayor Pro Tem Sheila Davis proceeded with the meeting. The Town Attorney stated that he had reviewed the documents that were presented. Mr. Dunn stated he had requested that certain changes be made in the resolution and that they were made and that those changes were also reviewed. Norm Wood stated he had reviewed the amount of work remaining and felt that the cost estimate provided with the request was reasonable. Larry Goad discussed some of the history of the Subdivision collateral request. He stated that the remaining items to be completed were: 1) the paving in Block #5 and the guardrail installation which would be worked out with the Town. The approximate figure was $310,000. After discussion Greg Gage moved approval of Resolution No.#83-2. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, Al Connell, and Don Buick. There were no nay votes. A.J. Wells abstained. The motion carried. Second reading of Ordinance No.#82-22, Series of 1982, AN ORDINANCE CONCERNED WITH DEFINING NUISANCE RELATED TO THE ACCUMULATION OF SNOW, AND MODIFYING THE GENERAL PROVISIONS REGARDING THE RECOVERY OF COSTS INCURRED IN ABATEMENT ACTIONS AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. The Town Attorney stated that the changes had been made to this Ordinance and recommended that the Ordinance be passed on second reading. (For changes see the Minutes of December 14, 1982.) After discussion Larry Kumpost moved approval of Ordinance No.#82-22, Series of 1982 on second reading with the deletion of the letter "s" in the word "conditions" on page 2, Section 8.24.110(a). 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. Second 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 REQUIRE- MENTS FOR PERMITTEES; A14D PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. There were additions and changes to this Ordinance. The Workman's Compensation Insurance Fund was further discussed. It was agreed that Workman's Compensation be required by all contractors, "if required by state statue". After discussion A. J. Wells moved approval of Ordinance No.#82-23 on second reading. Councilwoman Davis went into more discussion. After discussion Councilman Wells amended his first motion and moved approval of Ordinance No.#82-23 on second reading subject to adding to Section 5.20.050 "if required by state statue". This Ordinance was again discussed. Clint Watkins a member of the public approached the Council. He was concerned with the licensing and permits of removing snow. He stated he thought the Ordinance was putting an extra expense on the person plowing the snow and also putting an extra expense on the Town to have to issue permits and licenses. After discussion it was agreed to add the language in Section 5.20.030(B) "unless the applicant holds a valid contractor's license". -2- • 0 • . In Section 5.20.070(A) change to read, "Snow 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 prior thereto". A.J. Wells moved to amend the prior amendment to also include the language that Mr. Dunn added to paragraph B, page 2. The amended motion was seconded by Sheila Davis. All the Councilmembers voted yes to the motion by voice vote. Those Councilmembers voting aye on the original motion As amended 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. Bob Mcllveen approached the Council. Mr. Mcllveen is Director of Transportation of Beaver Creek Transit. He presented the Council with a status report of the ridership of the Avon Bus System. After a lengthy discussion the Mayor stated that the system needs continued research and study. The Mayor thanked Mr. Mcllveen for coming. First reading of Ordinance No.#82-21, Series of 1982, AN ORDINANCE CONCERNED WITH AMENDING THE ZONING CODE OF THE TOWN OF AVON TO REQUIRE THAT PROVISION BE MADE FOR SNOW STORAGE AREAS OR SNOW REMOVAL. This Ordinance was discussed at length. There were additions, deletions and changes to this Ordinance. It was requested that the Ordinance number be changed to Series of 1983 since it was first reading. After discussion Don Buick moved to table Ordinance 482-21 until such time as Norm Wood and John Dunn can re-work the Ordinance more on the lines of the discussion that came up at this 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 Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-1, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. (Lease purchase agreement for the Bob Cat and a Lease agreement for the police cars (3). The Town Attorney stated that he had an opportunity to review the documents, that they were standard contracts. He stated that the contract on the Bob Cat be filled out where it reads, "or as indicated below, until paid" and that that be completed before the contract was signed. The Lease agreement for the police cars was discussed. The Town Attorney pointed out the excess mileage charge provision "the maximum miles would be 50,000 miles and after that a charge of 8 cents per mile. This was discussed at length. Also, the Council discussed the possibility of lease-purchasing the vehicles and the possibility of installment payments through the bank. The Town Attorney had some concern of the Town going to a bank and entering into an installment loan agreement. He stated that that was not referred to in the Charter and he would conclude that the Town would create debt and would be exhausting the maximum debt authorization under the Charter that would occur without an election. After lengthy discussion Don Buick moved approval of the Bob Cat Lease-purchase Agreement, but to have Bill James go back to the financial drawing board on the police car lease. 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 Sleigh Ride Agreement was discussed. Don Buick moved approval of the Agreement between David Eisenberg doing business as the Silver Carriage and the Town of Avon. 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. -3- .0 The Gemini Duplex presented to the Norm Wood stated exception of the letters from the Townhouses, Lot #33, Block #2 Council. that the plat had been reviewed Title Certificate which was not utility companies in regards to • 9 Benchmark Subdivision was next and seemed to be in order with the signed. There was discussion of the the encroachment. After discussion Al Connell moved approval of the Gemini Duplex Townhouses, Lot #33, Block #2 Benchmark Subdivision subject to the title certificate.on the final plat be completed and then reviewed by the Town Attorney prior to the plat being recorded and also include a review of the release in the encroachment by the utility companies. 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. It was discussed that possibly a surveyor survey a lot before construction begins. It was agreed that that would be looked into at the time of the adoption of the UBC Code. Resolution No.#83-1, Series of 1983, A RESOLUTION DIRECTING THE DESIGN REVIEW BOARD TO AMEND SECTION 3.10 OF THE DESIGN REVIEW BOARD RULES AND REGULATIONS TO INCLUDE A FEE FOR A COMPREHENSIVE SIGN PROGRAM. Larry Kumpost moved approval of Resolution No.#83-1. 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 Vail Valley Medical Center contribution matter was deleted from the agenda. The Anti-Trust Exemption Resolution was discussed. A.J. Wells moved approval for the Council to adopt the Resolution for the Anti-Trust Exemption Legislation for Municipalities. 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.#83-3.) Sheila Davis moved approval to appoint Don Buick as the NWCCOG Representative for the Town of Avon. 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. Don Buick abstained. The motion carried. The Town Manager reported on the request for final payment to Roche Constructors Inc. for work done on the Municipal Building. The request payment was in the amount of $17,275.86. The Town Attorney stated he would like time to review the file on the above. After lengthy discussion Al Connell moved to table this item until the January 25th Council meeting for further review by the Town Attorney. 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. The Town Manager reported on the Master Plan. He stated that the Council had a copy of a list of the proposed Planning Consultants. The Council discussed the proposed consultants. It was agreed to add an addendum re: the zoning ordinance. That the -4- so consultants would work on the ordinance for revision and work with the Town Planner. Councilman Kumpost suggested to the extent possible to have the consultants break down their proposals for the major variations and the aspect of the work so that it could be evaluated. The Design guidelines were discussed. It was requested to have a separate proposal for that. The traffic study was discussed. It was suggested that the information be transmitted to the Highway Department along with a request that they do a traffic study at the Avon-Benchmark Road intersection also. The Ice Skating program was discussed and the status report received. The Oshkosh was discussed. Mr. Dan Sunday was enroute to bring back the Oshkosh. The Subdivision Regulations revisions were discussed. Norm Wood stated that some of the problems with the current regulations were that there were no separate procedures for Condominiums and Townhouse plats, there needs to be some design standards developed, also there needs to be clarification of procedures for the platting process. He stated they would be working toward reorganizing the regulations. There being no further business Don Buick moved to adjourn. Larry Kumpost seconded the motion. The meeting was adjourned by Mayor Nottingham at 12:10 a.m. Respectfully Subpr4ttN: -5- Patricia J. D41 e, Town C