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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 -1- • 0 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 -2- • • 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. -3- • C~ J 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 -4- 0 • 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. -5- • • 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. -6- • • 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 -7- 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. -8- 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. -9- 0 0 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. -10- 9 0 ~ctf ul ly S e -11-