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TC Minutes 09-27-19836 6 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING SEPTEMBER 27, 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, Greg Gage, A.J. Wells, and Al Connell present. Also present were Town Attorneys John Dunn, Art Abplanalp, Town Manager Richard D. 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. Councilmembers Sheila Davis and Don Buick were absent. The Mayor called for Citizen Input. Preston Ewen approached the Council. He stated he had merged with Roto-Whirl, Inc. Helicopter Service. He was requesting to start a Helicopter operation here in the valley. The services they would like to offer would be for example, Helicopter Ski Lifting, scenic tours, charter service for development and emergency service, etc. He stated he had conversed with Vail Mountain Rescue and stated they are very interested in working out a training program with them. The basic objection for this kind of operation would be the noise factor. He stated they would be willing to be regulated by the Towns in the area. Mr. Ewen stated they do not intend to operate at night. He stated that Mr. Bill Nottingham has given him a letter allowing him to submit an application for a Special Use Permit on a parcel of land directly east of the parking area at the Avon STOL-Port. He stated they would operate a Bell/Long Ranger-3. Mr. Ewen stated that they would have to have a Forest Service Permit. He stated they do intend to increase their insurance from 10 million to 30 million dollars. He stated he would provide names and phone numbers from FAA General Aviation Office for references. Mr. Ewen felt it was important to meet with the Council to state his position since the Town was so close to the STOL-Port. The Mayor felt it would be an attraction to the Town and would bring people to the area and a service that would benefit the Town. He stated his only concern would be the noise abatement. The Mayor thanked Mr. Ewen for coming. Mr. Ted Martin approached the Council. 1984 Triathlon. He stated he just wan Council. He stated he has been in the handled fund raisers for the area. He people to participate in the Triathlon After discussion the Mayor thanked Mr. He is the Director for the ted to introduce himself to the area for 12 years and has expects approximately 100 in 1984. Martin for coming and wished -1- 0 him luck. Ron Sharp, resident of Wildridge Subdivision, approached the Council. Mr. Sharp stated he was a spokesman for several residents of Wildridge. They had concerns of the bus service to Wildridge and firearms in Wildridge. He stated several owners and developers in Wildridge would like Council to consider extending bus service during ski season to Block 1, Wildridge and was requesting such service at least twice in the morning and twice in the afternoon to permit skiers to reach Beaver Creek or Vail. The other concern was the hunting season that was fast approaching. He stated that residents were concerned of the safety of small children in the area. He stated that last year, in spite of a number of no hunting signs posted in the area, there were several hunters discharging firearms in the Wildridge area. Mr. Sharp was requesting that the area be patrolled more frequently in this area during this season. The Town Manager stated that he has met with the Forest Service. The Forest Service is to supply the Town with a sample map which the Town will revise to show hunters how to access the Forest Land and encourage them to hunt outside of the corporate limits. The Town Manager stated that there was a survey being done in regards to the bus service for Wildridge. The study would give a feeling of what people desire, but would not predict how many people would actually ride the bus. He stated he did not know what the final answer would be this year. Mr. Sharp stated that what the residents are interested in is the Avon Shuttle service for skiers, he felt it would help their rental program in Wildridge and help promote real estate sales. The Mayor thanked Mr. Sharp for coming. Second reading of Ordinance No.#83-34, Series of 1983, AN ORDINANCE CONCERNED WITH FLOOD DAMAGE PREVENTION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor called for discussion or comments. Clint Watkins resident of Avon, approached the Council. He felt that there were not really any benefits to the Town Council passing this ordinance and felt that the limited amount of insurance that was available was hardly worthwhile when you look at the property value in the area. He stated he also saw it as a detriment to future annexations. He stated some residents look at it as just another hurdle. Councilman Wells agreed. A.J. Wells moved to table ordinance No.#83-34 indefinitely. The motion was seconded by Al Connell. Councilman Kumpost felt that we need to keep an open mind for the potential of just looking into the program further. There may be certain benefits derived from this. Norm Wood would like to see staff investigate it further and to have someone from the State here to explain what it does and what it does -2- r • 0 not do. After discussion Larry Kumpost moved to amend the existing motion to include direction to staff to continue to look into the program, to be able to provide more information on different areas and to respond to any concerns that Council expressed to staff on an individual basis, so we can better understand what this program will do. Greg Gage seconded the amended motion and was unanimously carried. The Mayor called for a vote on the main motion which was tabling the ordinance and including the amended motion. A roll call was taken with Larry Kumpost, Greg Gage, A.J. Wells and Al Connell voting aye. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#83-36, Series of 1983, AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.24 OF TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING AND LOADING; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Town Manager stated that this is presented to the Council in ordinance form and was just received today, Mr. Blodgett suggested that the Council not act on the ordinance, but to receive it and set a meeting with the Planning and Zoning Commission work session on Thursday October 13, 1983 at 6:00 p.m. Al Connell so moved. The motion was seconded by A.J. Wells and was unanimously carried. Resolution No.#83-37, Series of 1983, TOWN CENTER MALL ASSESSMENT HEARING RESOLUTION. The Town Attorney stated that the Town is rapidly approaching completion of Phase II of the Town Center Mall and therefore it is necessary at this time to present the Council with the Final Assessment Roll which sets forth the amounts of the assessments against the various properties adjacent to the Town Mail which are included within that local improvement district. He stated that the work has not yet been completed until sometime in the latter part of October, however, it is necessary that the Assessments be certified to the County Treasurer for collection as taxes. It is necessary for the Council to proceed to set a public hearing which should occur"at the next regular Council Meeting on a hearing on the assessments. Mr. Dunn stated that there was additional changes in the resolution. Mr. Dunn then proceeded to go through the resolution with the Council. He then read the resolution by title, A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOW AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "TOWN CENTER MALL ASSESSMENT HEARING RESOLUTION"; FIXING TIME AND PLACE WHEN OBJECTIONS TO THE PROPOSED ASSESSMENT ROLL FOR THE DISTRICT WILL BE HEARD; PRESCRIBING NOTICE THEREOF AND OF OTHER DETAILS IN CONNECTION THEREWITH; RATIFYING THE ACTION PREVIOUSLY TAKEN: AND PROVIDING FOR RELATED MATTERS. Larry Kumpost introduced Resoltuion No.#83-37, Series of 1983. Larry Kumpost moved approval of Resolution No.#83-37, Series of 1983. The motion was seconded by Al Connell. The Mayor called for discussion. There being none, the Mayor called -3- • • for a roll call. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells and Al Connell. There were no nay votes. Greg Gage abstained. The motion carried. First reading of Ordinance No.#83-35, Series of 1983, AN ORDINANCE PROVIDING FOR THE CONTROL AND LICENSING OF DOGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Art Abplanalp stated that he had spoke to Jim Fritze Assistant County Attorney who has been working on the dog ordinance. Mr. Fritze stated to Mr. Abplanalp that the County has not straightened out their dog ordinance as yet, but that should not delay the Town in approving theirs. Mr. Fritze's primary concern as far as relationship between the County and the Town is that he does not want the County animal control officer having to administer different ordinances across the County in association with their assistance to the municipalities. Discussion followed. Mr. Abplanalp stated that the ordinance as it is drafted has no reference to paying the County. This is strictly an ordinance which provides for the necessary changes for a municipal rather than rural Colorado provisions and also sets forth the mechanisms for handling the dogs after they are taken into custody. After discussion Larry Kumpost moved approval of Ordinance No.#83-35, Series of 1983, on first reading and to include the recommendations for modifications which were, that the County is not going to be an enforcement agency and would like the references to the Sheriff's Office and the County Control Officer as far as enforcement be deleted and also the provision for Board of Appeals where a person could appeal the decision to destroy the dogs, that the County Commissioners would prefer not be involved in as far as the Town is concerned. The Council would serve to hear any appeals until such time as the Council chose to appoint a separate Board. The Motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells and Al Connell. There were no nay votes. The motion was unanimously carried. The Memorandum of Understanding for the Eastern Eagle Valley Transportation Council was then presented to the Council, The Town Manager stated that there was one change that Councilman Kumpost brought attention to, on page 5, section 5, line 5, change "unanimous" to "majority". Mr. Blodgett stated that he felt there was no problem with the agreement and recommended that Council approve the form with the change. He stated the other agreements would have to be held up until all the parties were in agreement. Larry Kumpost moved approval of the Memorandum of Understanding with the change. The motion was seconded by A.J. Wells. Discussion followed. Art Abplanalp had concern with changing the word unanimous. He stated that the composition of this Transit Council includes entities which are not contributing to the Lift or other methods of transportation. -4- • 9 A majority of the participants who are non-contributors can, under the Town's proposal, authorize admission of other non-paying participants and basically out vote the tax paying entities that are paying for these things that are being recommended. After discussion Larry Kumpost amended this motion to approve the Memorandum of Understanding in its current form. The amended motion was seconded by A.J. Wells and was unanimously carried. The Agreement between the Beaver Creek Resort Company (BCRC) and the Town of Avon (TOA) was next presented to the Council. The Town Manager recommended that the Council approve the form of the agreement with these changes, that the Mayor sign the agreement and that the word on page 1, "ownes" be changed to "leases" and that the agreement be signed by October 1, 1983, or such date as its executed by all parties. Al Connell so moved. The motion was seconded by A.J. Wells and was unanimously carried. The Agreement between the Town of Avon, Town of Vail and Eagle County was then discussed. The Town Manager stated that this agreement would require some budgetary numbers and would require the approval of the TOA, TOV and Eagle County to share in the cost of funding of the Lift, that it should be signed by the Mayor, page 2, paragraph 5, change "western" to "eastern". Mr. Blodgett recommended approval of this agreement as to form and authorize the Town Manager to try to arrange a meeting between the three governing bodies as soon as possible and that the effective date would be the same as the above agreement. A.J. Wells moved approval of the agreement between the Town of Avon, Town of Vail and Eagle County. The motion was seconded by Al Connell and was unanimously carried. Larry Kumpost moved that staff set-up a meeting with the County Planner, Jim Rubin, in order to resolve the details of the agreement. The motion was seconded by A.J. Wells and was unanimously carried. The agreement between BCRC and the TOA, night service was next presented to the Council. Mr. Blodgett stated that Beaver Creek will contract with the Town of Avon on the night service. His recommendation was that Council approve the agreement as to form and will be back to Council for authorization to enter into this agreement as soon as the necessary commitments were resolved. A.J. Wells moved approval of the form of the agreement between Beaver Creek Resort Company and the Town of Avon for night time service. The motion was seconded by Al Connell and was unanimously carried. The Town Manager stated that the last item of the series of the Lift was the copy of Beaver Creek Transit's proposed operation and a copy of the budget. He stated the budget showed a deficit of $15,483, but that this would be made up by revenues. Councilman Kumpost suggested that with this joint meeting with the County, Town of Vail, Town of Avon and VA that they include this budget along with the actual budget from the Town of Vail that existed the last two years. The Town Manager stated that this is a different type of operation that they did in the past because it was being dovetailed with Beaver Creek. After discussion Larry Kumpost moved to receive the operation and budget for the Lift and request that Vail show the budget of the past two years for the Lift and that all those items be available for the joint meeting on the Lift so that we can work out our agreement. The -5- • C1 motion was seconded by Al Connell and was unanimously carried. The proposed fourth bus for the Town was discussed. The Town Manager stated that there was a memorandum handed out to the Council at the afternoon work session which show the three bus capacity allowing for moving a hundred people per hour up the mountain from the Town. Based on last year where we had 65 days out of 110 where we needed extra help from the ski area, he felt that one additional bus that would carry 45 passengers is necessary to meet the community needs for the coming year. He stated it will be taken under advisement and the Council authorized the Town Manager to conduct some discussion with VA, to explore a couple of means for funding a fourth bus and that this would be discussed further at the budget work session which was called for Tuesday, October 4, 1983 at 7:30 p.m. The Town Manager stated that Mr. James has received eight proposals for the 1983 audit. It was suggested that the Council appoint an audit committee made up of three Councilmembers and Mr. James, they would then review the proposals, select firms to be interviewed, interview the firms, select one firm to be recommended to the entire Council and to establish the guidelines as for the audit contract including the cost. Greg Gage moved to appoint A.J. Wells, Sheila Davis and Don Buick for the Audit Committee. The motion was seconded by Larry Kumpost and was carried with A.J. Wells abstaining. Next on the agenda was the Agreement between Benchmark at Beaver Creek and the Town of Avon for the Log Cabin. Be it noted that A.J. Wells stepped down because of Conflict of Interest. Al Connell moved approval of the Agreement for the log cabin. The motion was seconded by Greg Gage. After discussion Al Connell amended his motion to include that the Mayor Pro-Tem would sign the Agreement. The amended motion was seconded by Greg Gage and was carried with A.J. Wells abstaining and Mayor Allan Nottingham abstaining from discussion. Resolution No.#83-36, Series of 1983, A RESOLUTION REGARDING THE CHANGING OF THE MEETING TIME FOR THE PLANNING AND ZONING COMMISSION FROM 7:30 P.M. to 6:00 P.M. It was requested that the Planning and Zoning Commission start their meetings at 6:00 p.m. instead of 7:30 p.m. so that they could end their meetings earlier in the evening. They felt that their meetings were running to late. Larry Kumpost moved approval of Resolution No.#83-36, Series of 1983. The motion was seconded by Al Connell and was unanimously carried. -6- • 0 The Town Manager then presented to the Council the proposed 1984 Budget. He recommended that the Council receive the proposed budget and set next Tuesday, October 4, 1983 at 7:30 p.m. for a work session for the budget. Al Connell so moved. The motion was seconded by Larry Kumpost and was unanimously carried. The Eagle County Jail charges were then discussed. The Town Manager stated that the Eagle County Sheriff does not have the authority to establish these charges; that it is the County Commissioners or the Judge who establishes such charges. He stated that Judge Buck Allen had researched this matter and found that if the County Commissioners do not establish these charges,-that the Judge can do so. Mr. Blodgett stated that the Town should ignore the last letter the Town received from the Sheriff for these new charges. Greg Gage moved to receive the revised draft of the Zoning Ordinance and that it be referred to the Planning and Zoning Commission for their review. The motion was seconded by Al Connell and was unanimously carried. Bill James, Finance Director, stated that in regards to the Lift Budget, there should be a minor revision to that budget and that Council authorize to submit it to the State for approval. After the State approves the budget the Town then can sign a contract with them to work the Lift operations. He stated that he cannot submit a deficit budget to the State. He stated that the $15,483 should be moved to other revenues. After discussion A.J. Wells moved approval of the proposed budget for the Lift as recommended by Mr. James. The motion was seconded by Larry Kumpost and was unanimously carried. The Town Manager read a letter from John Horan-Kates, of VRA, regarding the American Ski Classic. Councilman Gage stated he had approached Mr. Horan-Kates, being under the assumption that Council wanted to participate in helping to fund the event that would turn attention to the area. He felt that this was one of the events that would do just that. Mr. Gage stated he would like to see the Mayor represent the Town of Avon in the ski classic. The Town Manager stated that we have allocated the dollars in the budget, but now would have to look into the total budget to see where our priorities are. The Mayor stated that we should seriously consider it. Mr. Gage suggested we should respond to Mr. Horan-Kates' letter and possibly have a presentation made to the Council. The Council agreed to invite Mr. Horan-Kates to the next regular meeting. -7- • • The Mayor reported on the Colorado Parks and Recreation regarding lottery proceeds. The Mayor read the letter and stated that there was also a resolution for approving that 50% of the lottery net proceeds be distributed and be diverted. After discussion Greg Gage moved approval of support for the Colorado Parks and Recreation Resolution. The motion was seconded by Al Connell. Further discussion followed. It was suggested that staff compose a letter asking for more detail as to where this money is being diverted to. Greg Gage, at that point, withdrew his motion. Al Connell withdrew the second on the motion. There was no action taken on this matter. The Vail symposium will be held September 30 and October 1, 1983. After discussion Larry Kumpost authorized the Town to pay for 2-4 people to attend the Vail Symposium. The motion was seconded by A.J. Wells and was unanimously carried. The Financial Matters were next presented to the Council. Greg Gage moved to receive items #1 through #9. The motion was seconded by Larry Kumpost and was unanimously carried. Larry Kumpost moved approval of the General Fund Accounts Payable for September 27, 1983. The motion was seconded by Greg Gage and was unanimously carried. Greg Gage moved approval of the Capital Projects Fund, Mall Maintenance Fund, Public Works Fund Accounts Payable for September 27, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells moved approval of the Reconciliation Sheet of Accounts Payable for September 27, 1983, subject to the brackets being removed from the $90. The motion was seconded by Al Connell and was unanimously carried. The minutes of the September 13, 1983 Council Meeting was next presented to the Council. A.J. Wells moved approval of the September 13th meeting minutes. The motion was seconded by Al Connell and was unanimously carried. Councilman Connell stated that there was a letter of Conflict of Interest that he had submitted for the Council to review. Also a letter of Conflict was submitted by Clinton Watkins, a member of the Planning and Zoning Commission. -8- 0 • Larry Kumpost moved that the deadline for submitting applications for the vacancy for the Planning and Zoning Commission was 10:00 a.m., October 7, 1983, and set up interviews at the work session for October 11, 1983. Al Connell seconded the motion and was unanimously carried. Councilman Wells stated he had concern with some of the language in the minutes of the July 28, 1983, P & Z Commission meeting that was being used. He stated he was appalled at the language that goes on at those meetings. After discussion Councilman Wells moved that a letter be drafted by staff to the P & Z Commission, to be signed by all of the Councilmembers, recognizing that the Council has read these minutes, that the Council does not support this kind of language being used and request and encourage them to refrain from it in the future. The motion ws seconded by Al Connell and was unanimously carried. There being no further business Al Connell moved to adjourn. The motion was seconded by A.J. Wells. The Mayor adjourned the meeting at 9:57 p.m. Respecgfu-fly Submit Patricia J. Wle, Town Clerk -9-