TC Minutes 08-09-1983•
MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
AUGUST 9, 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, Greg
Gage, Al Connell and Don Buick present. 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.
Councilman A.J. Wells was absent.
The Mayor called for Citizen Input.
The Town Manager stated that Beaver Bench Condominium Association had
concerns about the location of the proposed Volley Ball Court. It was
planned to be placed in front of their condominiums. Mr. Blodgett
stated that the best solution was not to put in two (2) courts at the
present time, but to construct one (1) court now, north of the fire
station.
The Association members agreed and were satisfied.
There being no further discussion the Mayor closed the Citizen Input
discussion.
The Town Attorney requested that the Mayor defer first reading of
Ordinance No.#83-33 until the next item of the agenda. The Mayor
agreed.
Second reading of Ordinance No.#83-32, Series of 1983, AN ORDINANCE
AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO EMERGENCY
RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN
THE CORPORATE LIMITS OF THE TOWN OF AVON.
The Mayor opened the meeting for public hearing.
The Town Manager stated that this ordinance was a housekeeping
ordinance and keeps up with the changes in the State Law and keeps our
ordinances up-to-date.
There being no one wishing to be heard the Mayor closed the public
hearing.
Larry Kumpost moved approval of Ordinance No.#83-32, Series of 1983 on
second reading. The motion was seconded by Greg Gage. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg
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Gage, Al Connell and Don Buick. There were no nav votes. The motion
was unanimously carried.
First reading of Ordinance No.#83-33, Series of 1983, AN ORDINANCE
GRANTING A FRANCHISE TO HERITAGE CABLEVISION, INC. ITS SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM
IN THE TOWN OF AVON, COLORADO, AND SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL
AND REGULATION AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
Be it noted that Sheila Davis stepped down because of conflict of
interest.
The Town Attorney read the ordinance by title and added to the title,
"AND REPEALING ORDINANCE N0.#79-16, SERIES OF 1979.
He stated if Council wanted to adopt the ordinance on first reading he
recommended the following changes. He recommended that the recitals
contained in the ordinance presented to Council be deleted and that in
lieu of those recitals, the recitals contained in the one page
ordinance which was submitted earlier, be inserted, they read as
follows:
"WHEREAS, The Town of Avon has granted a franchise to Rocky Mountain
Cable TV, Inc., to operate a cable TV system within the Town of Avon;
and
WHEREAS, the terms and conditions of this franchise are contained in
Ordinance No.#79-16, Series of 1979; and
WHEREAS, both the Town of Avon and Rocky Mountain Cable TV, Inc., have
agreed upon the transfer of all rights and privileges contained in
Ordinance No.#79-16, Series of 1979, to Heritage Cablevision, Inc."
In Section 3, page 3 the title of Section 3, the word "exclusivity"
should be deleted. Page 4, Section 4, the substance of the paragraph
should be stricken and the language proposed by Heritage should be
inserted, it should read as follows: "During the term of the
Franchise, the Grantee absolutely assumes and agrees to pay the Town
for, and the Grantee forever indemnifies the Town against, and agrees
to hold and save the Town harmless from, any and all damage, injury,
costs, expenses, liability, claims, settlements, judgements, decrees
and awards of every kind and nature whatsoever, including attorney's
lees, costs ana aisoursements, tr
Town by any person whatsoever, o1
loss, damage or injury to any pr(
from or related to or connected v
injury to or death of any person,
property resulting from the acts
non-observance by the Grantee of
ordinances, resolutions, regulati
governmental entity which may be
rights, privileges, and authoritl
liabilities, assumed by the Grant
(c) the non-observance by the Gre
conditions of the franchise and/c
at may ever oe claimea against the
on account of any actual or alleged
perty whatsoever, however arising
ith, directly or indirectly, (a)
or loss, damage or injury to any
of the Grantee and/or (b) the
the provisions of any laws, statutes,
ons or rules duly promulgated by any
applicable directly or indirectly, tc
, and the obligations and
ee under the Franchise, and/or
ntee of any of the terms and
r (d) the granting of the Franchise."
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Mr. Dunn stated that a new Section 5 would be added to follow the
indemnification Section. The new Section would be titled "Insurance."
Mr. Dunn stated that the language which would be inserted would again
be the language from the Heritage ordinance.
The language is as follows: "The Grantee shall, at all times during
the term of the franchise, carry and require their contractors to
carry: Insurance in such forms and in such companies as shall be
approved by the Town to protect the Town and Grantee from and against
any and all claims, injury or damage to persons or property, both real
and personal, caused by the construction, erection, operation and
maintenance of any structure, equipment or appliance in connection
with the cable television system. The amount of such insurance shall
be not less than $100,000 as to any one person, $300,000 as to any one
occurrence for injury or death to persons, and $100,000 for damages to
property, with, as to Grantee, so-called umbrella coverage of at least
$5,000,000.
Workmen's Compensation Insurance as provided by the laws of the State
of Colorado as amended.
Automobile Insurance with limits of not less than $100,000/$300,000 of
public liability coverage and automobile property damage insurance
with a limit of not less than $100,000 covering all automotive
equipment, with, as to grantee, so-called umbrella coverage of at
least $5,000,000.
All of said insurance coverage shall provide a ten (10) day notice to
the Town in the event of material alteration or cancellation of any
coverage afforded in said policies prior to the date of said material
alteration or cancellation shall become effective.
Copies of all insurance policies required hereunder shall be furnished
and filed with the Town prior to the commencement of operations or the
expiration of prior policies, as the case may be.
The Grantee shall pay all reasonable expenses incurred by the Town in
defending itself with regard to all damages, penalties or other claims
resulting from the acts of the Grantee, its assigns, employees,
agents, invitees, or other persons. Said expenses shall include all
out-of-pocket expenses such as attorney's fees, and shall include the
value of any service rendered by the Town Attorney or any other
officers or employees of the Town."
The Sections thereafter would be renumbered. Page 10, Section 9
(renumbered 10) be changed to read as follows:
"In consideration of the terms of this Franchise, Grantee agrees to
pay and shall pay three percent (3%) of its gross subscriber revenue."
Strike "according to the following schedule, the specified
percentages" and also strike the schedule calendar years "1980, 1981,
1982, 1983."
The second paragraph, line 2, change "Section 7" to "Section 8". Page
11, strike "Section 10 (renumbered 11) with respect to sale or
transfer of ownership interest" and insert "in lieu of the standard
assignment provision contained in the Heritage form," which reads,
"Grantee shall not assign or transfer any right granted under this
ordinance to any other person, company or corporation without prior
consent of the Town Council which consent shall not be unreasonably
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withheld; provided that Grantee shall have the right-to assign this
Franchise to a corporation wholly owned by the Grantee or to a limited
partnership of which the Grantee or other wholly owned subsidiary of
Heritage Communications, Inc. is a general partner without prior
consent to the Town.
Consent to an assignment shall be given only after a review by the
Town of Grantee's service and rates."
Page 15, Section 13 (renumbered as Section 14), strike the first
paragraph, also the title should be changed by striking, "Construction
of Systems" The title should read, "Extent of Service." Page 22,
Section 25 (renumbered 26). A new Section (27) should be added, it
reads as follows:
"Repeal (Title). Ordinance No #16. Series of 1979 is hereby
repealed."
Mr. Dunn stated that those were the key changes and stated that
possible other changes would occur, but would possibly be minor. He
stated he would review the ordinance between now and second reading to
assure that everything would be correct.
Jerry Davis, President of Rocky Mountain Cable TV, approached the
Council. He discussed the proposed transfer of the Franchise.
Kevin Rice, Vice President of Operations for Heritage Communications,
approached the Council. He reviewed the history of the Company, of
what they have done and what accomplishments they hope to achieve in
the future. He stated they would like to locate most of their
technical operations and office operations in Avon. Mr. Rice stated
that they would extend service to the top of the hill of Wildridge
where it has the most dense population.
Don Buick moved approval of Ordinance No.#83-33, Series of 1983 on
first reading as amended. The motion was seconded by Al Connell.
The Mayor called for discussion.
Councilman Kumpost asked about the increase per month.
Mr. Rice stated that the subscriber presently pays $4.00 which
includes converter rental. Heritage receives $4.95 for a similiar
package of service, so it is .70 cents net difference after the .25
cents is taken off for the basic subscriptions. Mr.Rice stated that
they have all of their services scrambled for security. He stated
that the services on their system are in a scrambled mode and the
subscribers would have to have a de-scramble converter which Heritage
provides as part of the service.
Mr. Rice stated that Heritage would reimburse attorney fees.
Councilman Kumpost stated that the ordinance would be subject to
review after first reading.
The Mayor called for a roll call. Those Councilmembers voting aye
were: Larry Kumpost, Greg Gage, Al Connell and Don Buick. There were
no nay votes. The motion carried with Sheila Davis abstaining.
Councilwoman Davis then returned to her seat.
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The Town Manager reported on the Lift Bus System. Mr. Blodgett
presented Mr. McIlveen's report to the Council. He stated Mr.
McIlveen was requesting the Council to determine the winter service
levels for; 1) Avon Service, 2) Avon night service (restaurants),
3) The Lift. Mr. Blodgett and Mr. McIlveen both felt that Avon should
keep the level of service during the mid-day.
After lengthy discussion the Council felt they should continue this
Bus Service discussion until Friday, August 12, 1983 at 4:00 p.m. The
Council directed the Town Manager to invite representatives from Eagle
County, Vail, Minturn and Eagle-Vail to attend this meeting.
The Town manager stated that Avon could purchase a large bus for
approximately $17,000. This bus could be used to help move skiers off
the mountain during the peak hours.
The Council felt that the Town should continue the Lift Service for
another two weeks to observe the ridership.
Don Buick moved to continue the bus system discussion until Friday
August 12, 1983 at 4:00 p.m. The motion was seconded by Greg Gage and
was unanimously carried.
The Town Attorney reported that some months ago Peregrine Properties
filed a bankruptcy petition. He stated whenever such a petition is
filed there is an automatic "Stay" by Federal Statutes, which means
that no one can go after the bankrupt to claim anything. He stated
that the automatic "Stay" has been lifted. He stated that they can
now proceed with the final steps of the assessment.
The Town Manager reported on the weed control.
Dan Sunday stated they have tried to cut the weeds with the Town
equipment but it has been a slow process because of breakdowns and
delays of getting parts.
It was suggested that the next years budget should include weed eater
equipment.
Mr. Sunday reported on the Fall Festival to be held September 5, 1983.
The main events would be the 5K and the lOK race, pancake breakfast to
be sponsored by the fire department, the fishing derby, etc.
Norm Wood reported on the Nottingham Park Restrooms and the Municipal
Building Improvements.
After discussion it was suggested that Council interview the
architects for the projects. Those architects include, 1) Intratect,
2) Harold Engstrom, 3) Victor Mark Donaldson. The interviews are
scheduled for the work session of August 23, 1983, at 2:00 p.m.
Al Connell moved to authorize Norm Wood to proceed with the Benchmark
Sign and clarify the size of the sign with the sign company and to
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authorize the sign company to start manufacturing the letters and
resubmit their different proposal on the back ground with the blue
daisy and the darker blue underneath and also to look into the
possibility of overhead lighting for background lighting for the sign
in addition to the lighted sign.
The motion was seconded by Don Buick and was unanimously carried.
Norm Wood reported on the revised landscaping on Avon Road.
Greg Gage moved to authorize Norm Wood to make the changes that were
shown on the drawing and in addition to include eight (8) additional
Narrowleaf Cottonwoods for I-70 on the southside next to the Christie
Lodge, twenty (20) Cottonwoods for the park and ten (10) Crabapples for
the park which would bring the total back up to $189,000 and to change
the Ponderosa Pines to four (4) and four (4) Austrian Pines and also
that Norm Wood be permitted to do some trading on the shrubs and
ground cover as long as he stays in the same dollar figure. The
motion was seconded by Al Connell and was unanimously carried.
Norm Wood reported on the I-70 Landscaping. He stated he had the
guidance to go with the $30,000 budget for the north I-70 project.
Norm Wood reported on the Nottingham Bike Path Lighting.
Greg Gage moved to authorize Norm Wood to notify local contractors
rather than go into a formal advertising bids, this would be a time
saver.
The motion was seconded by Al Connell and was unanimously carried.
The Town Manager suggested the Town make available some provisions for
facilities for Christmas Tree lights along Avon Road. It was
suggested to check into it.
Greg Gage moved to authorize staff to proceed with taking proposals
for the 1983 audit. The motion was seconded by Al Connell and was
unanimously carried.
Sheila Davis moved to authorize the Mayor and the Town Clerk to issue
an Indemnity Bond to Boettcher and Company and Colorado National Bank
of Denver. The motion was seconded by Greg Gage and was unanimously
carried.
The Town manager reported on the bus advertising. The Council felt
that this could be done in-house. It was suggested that the
businesses would be selected on a first come first serve basis. It
was suggested that these signs be presented to the Planning and Zoning
Commission for approval and should be in good taste. Mr. Blodgett
stated that the staff would move forward and work on this project
in-house.
The Town Manager reported on Amtrak. He stated that rather than review
the meeting, he stated he would draft a memorandum and have it ready
for the next Council meeting.
Mr. Blodgett stated he would continue working with the Colorado
Municipal League (CML) on their committee to establish a criteria for
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evaluation of grade crossing separations. He stated the PUC would
allocate funds from the new legislation that just passed. The most
that will be levied will be five million dollars that would go for
grade crossing separations. The most that would be levied for
one year against any one railroad is one million and forty dollars for
four railroads, four major carriers in the state. He stated that that
is the funds available. No action was taken.
The Financial Matters were next presented to the Council
Don Buick moved to receive items #1 through #9. The motion was
seconded by Al Connell and was unanimously carried.
Sheila Davis moved approval of the General Fund Accounts Payable for
August 9, 1983. The motion was seconded by Larry Kumpost and was
unanimously carried.
Sheila Davis moved approval of the Public Works Fund, Mall Maintenance
Fund, Capital Projects Fund, Mall Construction Fund and the Transit
Fund Accounts Payable for August 9, 1983. The motion was seconded by
Greg Gage and was unanimously carried.
Sheila Davis moved approval of the Reconciliation Sheet of Accounts
Payable for August 9, 1983. The motion was seconded by Larry Kumpost
and was unanimously carried.
The minutes of the July 26th meeting was next presented to the
Council. Larry Kumpost moved approval of the July 26th minutes.
The motion was seconded by Sheila Davis and was unanimously carried.
Dick Kvach, Planning Director, presented Council with a draft copy
of the issues, opportunities and goals of the Comprehensive Plan that
Plum Street Consultants have prepared. He stated he would like the
Council to review the draft and return it at the meeting which was
scheduled for August 16, 1983 at 7:30 p.m. The Town Manager stated
that Ski and Shore Real Estate has donated office space in the
Benchmark Shopping Center for the Plum Street Consultants so that
residents can walk in and discuss their views and input to the
consultants.
Mr. Kvach stated there would be a luncheon set up for the Council and
the Consultants to discuss the progress of the project. The luncheon
was scheduled for August 16, 1983 at the Hole in the Wall Restaurant.
Councilman Connell again mentioned that he felt uncomfortable with the
staff handing reports to Council during the Council meetings.
Councilwoman Davis stated she had no problem receiving the reports as
long as they were not ordinances.
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Councilman Kumpost agreed.
The Council agreed rather than continuing this Council meeting
concerning the bus system until August 12, 1983, they would adjourn
the meeting and call for a work session on August 12 at 4:00 p.m. to
further discuss the bus system.
Sheila Davis moved to adjourn the meeting. The motion was seconded by
Al Connell. The Mayor adjourned the meeting at 10:00 p.m.
Respe lly Submitted,
Y:
Town Clerk
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