TC Minutes 02-08-1983• •
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON COUNCIL
HELD FEBRUARY 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 Nottingham at 7:43 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, Director of
Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator
Dick Evans as well as members of the press and public.
First on the agenda was Citizen Input.
Susan Vaughn approached the Council. Ms. Vaughn is a member of the Eagle County
Centennial Committee. Ms. Vaughn stated she was personally inviting the Council members
to the reception that was being held at the CMC Building in Eagle, Colorado, February 11,
1983 at 7:00 p.m. She also stated that the Committee would like Avon to coordinate one
of their town activities with the Centennial Celebration.
The Mayor thanked Ms. Vaughn for coming.
Ken Sortland approached the Council. Mr. Sortland is a resident of Avon. He was
requesting an election to amend the present Charter in two areas. The first reason was that
the Council without public approval may issue bonds for up to five million dollars of
indebtedness. He stated that some of the citizens felt it was a lot of money for the
Council to be able to authorize for indebtedness without a general election. The second
area had to do with equal representation. He stated there was a concern with appointed
people on the Council. He requested that the town consider to require each appointed
member to run for election at the next regularly scheduled election. An alternative
would be to have the appointed position for the Council to be required to run on an off
year election (no appointed Council member would be appointed for over one year). After
discussion it was agreed that this would be discussed at the February 22nd work session
meeting.
Second reading of Ordinance No. 83-2, Series 1983, 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.
The Mayor stated that this was open for public hearing. Being that there was no one
who wished to be heard, the Mayor closed the public hearing.
Larry Kumpost moved approval of Ordinance No. 83-2, Series of 1983, on second reading.
The motion was seconded by A.J. Wells. Those Council members 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. 83-3, Series of 1983, AN ORDINANCE AMENDING SECTION
3.12.070.B. OF THE MUNICIPAL CODE OF THE TOWN OF AVON. The Mayor stated that this was
open for public hearing.
Gary Miller approached the Council
He stated that he applied for an exemption from transfer tax sometime in December 1982, and
stated that it took approximately two months before he could get an answer. He stated it
was then ruled that it was not an exemption. He stated he questioned whether he was
required to pay the 3% sales tax which he was told he had to do. He stated he requested
reimbursement of the transfer tax that was paid in 1979 plus interest.
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It was stated that if Mr. Miller paid the transfer tax in 1979 and if it were in error,
then it should be_paid plus the interest due him. After discussion it was stated that
further research should be done. Councilman Wells stated that the initial ordinance
taxed mobile homes, the amended ordinance did not, except for the mobile homes that were
permanently affixed. Don Buick requested that Dick. Blodgett research this matter and have
it resolved in the next two weeks before the next Council meeting. 't'here was no one else
who wished to be heard on the ordinance. The Mayor declared the public hearing closed.
Councilman Buick moved approval of Ordinance No. 83-3, Series of 1983 on the second
reading. 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.
Ordinance No. 82-24, Series of 1982, AN ORDINANCE AMENDING SECTION 17.20.170, OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO ALLOWED DENSITIES. (Roadcal)
(public hearing)
This ordinance was continued until February 22, 1983, at the request of Dennis Cole.
First 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
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.
Sheila Davis moved approval of Ordinance No. 83-4, Series of 1983 on first reading. The
motion was seconded by Don Buick.
The Mayor called for discussion.
Councilman Kumpost stated that regarding licensing fees, that on the actual permit issued,
there should be required where the owner signs a disclaimer indicating to the owner that
the town does not test or qualify the contractor. The second item deals with the
Certificate of Occupancy, Mr. Kumpost stated he would like that section reworded to read,
"if the building official can determine that the building in its state of completion,
satisfies the minimum requirements for health, life and safety."
He stated he would like to see a report from the building inspector as to what those
requirments might be so there would be a more specific guideline as when we do or do not
issue temporary CO's.
Mr. Kumpost requested that the attorney redefine when a CO can be issued by stating when the
building inspector determines that the building itself complies with the minimum
requirements of life, health and safety. He requested that the ordinance be redrafted for
final public hearing. A.J. Wells moved to table Ordinance No. 83-4 to redraft the
ordinance and to incorporate Councilman's Kumpost concerns about the substantial hazard
language and amplify the guidelines for life, health, safety. 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.
First 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 BUILDING
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.
Larry Kumpost moved approval of Ordinance No. 83-5. The motion was seconded by Sheila Davis.
The Mayor called for discussion.
Larry Kumpost stated that he felt that Chapter 35 Appendix Sound Transmission, Chapter 38
Appendix Fire Extinguishing System, Chapter 51 Appendix Dumbwaiters, Chapter 57 Appendix
Fallout Shelters should be left in the code and to study Chapter 70 Appendix Grading.
Larry Kumpost moved to table Ordinance No. 83-5, Series of 1983 for further study. 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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First reading of Ordinance No. 83-6, Series of 1983, AN ORDINANCE AMENDING SECTION
15.20.010 OF THE AVON MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
SAFETY; REGULATING THE INSTALLATION, ALTERATION, REPAIR AND MAINTENANCE OF PLUMBING
AND DRAINAGE SYSTEMS AND THE INSPECTION THEREOF IN THE TOWN OF AVON, COLORADO, FOR THE
PURPOSE OF PROVIDING A PLUMBING CODE CONSISTENT WITH AND GENERALLY CONFORMING TO SIMILAR
REGULATIONS THROUGHOUT THE TOWN: DEFINING CERTAIN TERMS: ESTABLISHING MINIMUM
REGULATIONS; ADOPTING BY REFERENCE THE 1979 EDITION OF THE "INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS PLUMBING CODE." AND THE 1982 SUPPLEMENT TO THE 1979 EDITION OF SAID
PLUMBING CODE, AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
Al Connell moved approval of Ordinance No. 83-6, Series of 1983 on first reading. The
motion was seconded by Don Buick.
The Mayor called for discussion. There being none, 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. 83-7, Series of 1983, AN ORDINANCE AMENDING SECTION
15.24.010 OF THE AVON MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH
AND SAFETY; REGULATING THE INSTALLATION AND MAINTENANCE OF HEATING, VENTILATING, COMFORT
COOLING AND REFRIGERATION SYSTEMS IN THE TOWN OF AVON, COLORADO FOR THE PURPOSE OF PROVIDING
A UNIFORM MECHANICAL CODE CONSISTENT WITH AND GENERALLY CONFORMING TO SIMILAR REGULATIONS
THROUGHOUT THE TOWN;DEFINING CERTAIN TERMS; ESTABLISHING MINIMUM REGULATIONS; ADOPTING
BY REFERENCE THE 1982 EDITION OF THE "UNIFORM MECHANCIAL CODE", AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.
Larry Kumpost moved approval of Ordinance No 83-7, Series of 1983, on first reading.
The motion was seconded by Greg Gage. The Mayor called for discussion. There being
none, 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. 83-8, Series 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.
Don Buick moved approval of Ordinance No. 83-8, Series 1983 on first reading. The motion
was seconded by Larry Kumpost. The Mayor called for discussion.
The Town Manager stated that he was concerned with Section 15.32.130 regarding open
storage tanks. The town has two open storage tanks and the fire department has one and
stated the town and the fire department are in violation of the ordinance. He stated
he would like to meet with the Fire Chief to discuss this further.
Sheila Davis moved to table Ordinance No. 83-8. 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.
It was suggested that at the next years budget the town should possibly look into placing
the tanks underground.
The Town Attorney stated that the ordinances under i,j, k of the agenda were not ready and
apologized for not having them ready. He stated that the ordinance dealing with
intimidation of a witness should be ready for the meeting of the 22nd. The ordinances
dealing with the Lock-Offs and the P & Z would be ready for the meeting of the 22nd also.
Mr. Dunn stated that because of a conflict of another meeting on the 22nd of February
that Art Abplanalp would cover that meeting.
It was suggested that the discussion of Lock-Offs and P & Z should be placed on the
work shop agenda for the 22nd of February.
Resolution No 83-4, Series of 1983, A RESOLUTION BY
CONTINUATION OF GENERAL REVENUE SHARING FUNDS.
Larry Kumpost moved approval of Resolution No. 83-4
voting aye were: Larry Kumpost, Sheila Davis, Greg
Don Buick. There were no nay votes. The motion wa
THE TOWN COUNCIL SUPPORTING THE
Series of 1983. Those Councilmembers
Gage, A.J. Wells, Al Connell and
unanimously carried.
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The Town Attorney reported on Lots #20,21, Block #1. He stated that the town was close
to the point where the town can proceed to seek partition of lots #20,21. He stated that t
the owners of those lots have been approached with an offer of $200 per interest. He
recommended that the Council authorize payment of $200 to each of those persons who have
quit-claimed their interests to the town.
Don Buick moved to authorize payment of $200 per interest to the property owners of
Lots 420,21. 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 Town Attorney stated he would proceed filing the partition and the only cost to be
incurred by the town would be approximately $150 , which would be for a commissioner to
be appointed and report to the court as to whether or not the property could be physcially
divided. Also the publishing of the summons in the newspaper would run approximately
another $150. He stated that it should remain open that anyone of the property owners
wishing to convey their portion in the future should be entitled to the $200.
The Town Manager stated that at the last council meeting the Council discussed borrowing
money from the bank at a lower interest rate for the police cars and the copy machine.
He stated that the action of the Council was to purchase through the bank.
The Town Attorney pointed out that that would be a form of indebtedness. He stated
that under the Charter the Council has the authority to incurr that as indebtedness,
but that it would be using some of the bonding capacity.
After discussion A.J. Wells moved to rescind the prior action and authorize to lease/
purchase of the three police cars and the copy machine. 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 Comprehensive Plan. He stated that they have received
eight proposals and they are being reviewed by the selection committee.
The committee will be meeting tommorrow, February 9th and possibly would narrow the field
down to three to five consultants and schedule them for interview.
He stated the conclusion after the discussion of the workshop that afternoon, was to have
the Planning Director round up as much background information as possible and have it
available for the consultants that will be hired and see if they would reconsider their
first proposal. Also make the consultants aware of staff availability in house. It
was stated that final selection would be made immediately following the last interview
of the consultants.
Councilman Kumpost stated that based on what was discussed at the workshop, the extent
of how much money should be saved, he suggested that those interviews that have been set up
for the 14th should be postponed. Mr. Kumpost stated that the committee establish some
ideas of how the monies could be cut back, then meet with the Council and establish their
ideas and then set up the interviews after the Council has given their direction. The
interviews chould then include the request for a new proposal from the consultants.
The Town Manager reported on Avon's first Winter Festival which is scheduled for
February 26, 1983. The Chamber of Commerce is sponsoring the event. Some of the events
are: cross country clinic, open skating, Chili contest,possibly hot air ballon rides and
tug of war.
A meeting is scheduled for Monday February 14, 1983 at 7:00 p.m. to 9:00 p.m. to go over
the Personnel policies and procedures.
It was suggested that the Recreational Director help with Eagle County's Centennial. It
will also be discussed with the Chamber of Commerce.
The Mayor read the following Proclamation:
(See Attached)
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P R O C L A M A T I O N
WHEREAS, at 6:03 A.M. on the Eleventh day of January,
A.D. 1983, DAVID MCCOMB NOTTINGHAM, weighing 5 pounds and
10 ounces and being 18 inches long, was BORN to Celeste and
Allan Nottingham; and
WHEREAS, at 6:03:30 A.M. on the Eleventh day of
January, A.D. 1983, PATRICK MCCOMB NOTTINGHAM, weighing
5 pounds and 62 ounces and being 192 inches long, was
BORN to Celeste ane Allan Nottingham; and
WHEREAS, DAVID and PATRICK are home and healthy and
the population of the Town of Avon is increased thereby; and
WHEREAS, Mother is fine and Father is proud;
NOW, THEREFORE, I ALLAN NOTTINGHAM, Mayor of the
Town of Avon, in the County of Eagle and State of Colorado,
do hereby PROCLAIM TUESDAY, the ELEVENTH day of JANUARY,
1983, as THE DAY OF DAVID and PATRICK, the twin sons of
C.C. and Allan Nottingham.
DATED this 25th day of January, A.D. 1983.
MAYOR, TOWN OF AVON, COLORADO
i M
The Mayor stated that the ridership for the Avon Lift Bus Service was 3875, for the
month of January.
The Mayor discussed the Regional Transportation Study Meeting which was held on January
31, 1983. It was lead by Jim Rubin. Mr. Rubin suggested that a committee be
established to represent each of the towns and Beaver Creek. The Mayor requested
that Richard Blodgett and Larry Kumpost be the town representative to that committee.
The Mayor stated the ridership of the Avon Bus was: 80/81 there were 868 passengers,
81/82 there were 3,771 passengers and 82/83 there were 12,241 passengers.
There is a meeting scheduled for Thursday, February 10, 1983, in the Council Chambers
to deal with changes in the power lines. There was a lengthy discussion that followed.
The Financial Matters were next presented to the Council. A.J. Wells moved to receive
items #1 through V. 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.
A.J. Wells moved approval of the General Accounts Payable. 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.
A.J. Wells moved approval of the reconciliation of Accounts Payable including expenditures
thereon. 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 reading and approval of the minutes of the January 25th, 1983 meeting was then presented
to the Council. Larry Kumpost moved approval of the minutes of the regualr meeting of
January 25, 1983. 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.
There being no further business Don Buick moved to adjourn. The motion was seconded by
Larry Kumpost. The meeting was adjourned by Mayor Nottingham at 9:25 p.m.
A
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Respectfully Submitted:
i~
Patricia J. Olle, Town lerk