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TC Minutes 10-11-19830 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING OCTOBER 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 Allan Nottingham at 7:45 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell and Don Buick present. Also present were: Town Attorneys John Dunn, Art Abplanalp, 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. Councilman Greg Gage, Town Manager Richard D. Blodgett and Superintendent of Public Works Dan Sunday were absent. The Mayor called for Citizen Input. There being no one wishing to be heard the Mayor closed discussion for Citizen Input. At that point the Mayor stated that the Council had interviewed the applicants that had applied to fill the vacancy for the Planning and Zoning Commission earlier at the Council Work Session and that Council made their decision. Don Buick moved to appoint Mrs. Pat Cuny as the replacement to fill the vacancy on the Planning and Zoning Commission. The motion was seconded by Larry Kumpost and was unanimously carried. Second reading of Ordinance No.#83-35, Series of 1983, AN ORDINANCE PROVIDING FOR THE CONTROL AND LICENSING OF DOGS AND PROVIDING PENALTIES FOR THE VIOLATIO14 THEREOF. Attorney Art Abplanalp stated that the changes that were suggested by Council were made. The six foot length of the leash for a dog was discussed. After discussion Al Connell moved to amend the ordinance to change the length of the leash from six feet to twelve feet. These changes were made on page 2(B) and page 3(N). The motion was seconded by Larry Kumpost and was unanimously carried. Page 2 (Bodily Injury) delete the word "bite." Sheila Davis so moved. The motion was seconded by Don Buick and was unanimously carried. The Mayor opened the meeting for public hearing for the ordinance. Clint Watkins, resident of Avon, approached the Council. Mr. Watkins stated he had a concern with the provision that a resident has to have AP, dog on a leash in his yar or the provision that it has to be enclosed in his yard. He felt it was an outlandish ordinance. Councilwoman Davis agreed. Discussion followed. There being no further discussion the Mayor closed the public hearing. A.J. Wells moved approval of Ordinance No.#83-35 as amended on second reading. The motion was seconded by Don Buick. Discussion followed. Mr. Abplanalp suggested that on page 3(N) line seven, after the word "yard" add "of the owner or other person responsible for the dog." The Council agreed. A.J. Wells withdrew his motion Don Buick withdrew his second on the motion. A.J. Wells moved to amend definition (N) as stated by Art Abplanalp. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells moved approval of Ordinance No.#83-35, Series of 1983, as amended on second reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, A.J. Wells, Al Connell and Don Buick. Sheila Davis voted nay. The motion carried. Resolution No.#83-40, Series of 1983, A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "TOWN CENTER MALL ASSESSMENT CONFIRMATION RESOLUTION"; CONFIRMING ACTION TAKEN PRELIMINARY TO THE LEVY OF SPECIAL ASSESSMENTS IN CONNECTION WITH SAID DISTRICT; CONFIRMING THE PROPOSED ASSESSMENT ROLL AND ASSESSMENTS THEREIN FOR THE DISTRICT; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. Be it noted that Don Buick stepped down because of conflict of interest. Mr. Dunn stated that this resolution and ordinance were in regards to the assessments to the Mall. The resolution deals with any objections to the Assessment Roll or if there are no objections, the Assessment Roll would be confirmed. After this action by resolution it would then be in order for the Council to adopt on first reading the Ordinance assessing the improvements. The County Treasurer would then place those Assessments on the tax bills of the adjacent property owners. Mr. Dunn stated that there were no written objections filed with the Clerk. The Mayor called for comments from the audience. There being none the Mayor closed the public hearing. Attorney John Dunn then read the resolution by title. He stated that copies of the notice were sent to each adjacent property owner. Mr. Dunn stated to delete "modifying and" in the title. The attorney then reviewed the resolution with the Council. Larry Kumpost moved to adopt Resolution No.#83-40. The motion was seconded by Al Connell and was unanimously carried. Ordinance No.#83-37, Series of 1983, AN ORDINANCE CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSEMNT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEME14TS THEREIN, INCLUDING ALL - 2 - INCIDENTAL EXP ISES, AGAINST THE LOTS, 0106R TRACTS OR PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE DISBURSEMENT OF THE ASSESSMENTS AND A14Y PENALTIES; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS. The ordinance was then read by title. The attorney stated that on page 11, strike the second paragraph. The third paragraph strike "mall and park improvements in the District had been completed by the contractor and accepted by the Council that the", page 12, first paragraph, strike, "except to the extent the Council heretofore revised, corrected, or set aside any assessment, or ordered any assessment to be made de novo", the same paragraph strike, "as so modified" strike "except to such extent", page 13, first paragraph strike "modified and", page 14, section 6, line seven strike the word "Manager". After review of the ordinance Al Connell moved approval of Ordinance No.#83-37, on first reading as amended. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells and Al Connell. There were no nay votes. Don Buick abstained. The motion carried. Larry Kumpost moved to have the ordinance published in the Vail Trail October 14, 1983 in the form set forth. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells & Al Connell. There were no nay votes. Don Buick abstained. The motion carried. The Avon Sign License Agreement was then presented to the Council. Be it noted that A.J. Wells stepped down because of conflict of interest. Mr. Abplanalp stated that there was a change in the Agreement which was suggested by Norm Wood that it would be necessary that an easement be granted along the interstate highway for the purpose of getting electricity to the project. After discussion Larry Kumpost moved approval of the Agreement as presented and to authorize the Mayor Pro-Tem to execute the Agreement. The motion was seconded by Al Connell and was carried with A.J. Wells abstaining and Mayor Allan Nottingham abstaining from discussion. The fourth bus was then discussed. Norm Wood stated that he had obtained a verbal quote from the Sales Representative of the Orion Bus. Mr. Wood stated a price of $104,765 had been quoted to him, but would like to have a leeway of approximately $110,000. If he placed the order this month, the delivery date would be approximately December 1, 1983. The painting of the bus would be included in the price. After discussion Sheila Davis moved to authorize the Town Engineer to proceed to purchase the fourth bus, not to exceed $110,000. If the amount runs over, then the Town Engineer would appear before the Council for approval for additional funds. The motion was seconded by A.J. Wells and was unanimously carried. - 3 - • 0 Larry Kumpost moved to accept the recommendation from the Audit Selection Committee and appoint Van Schooneveld and Co., Inc., as the auditors for the 1983 Town of Avon audit at the cost of $7,500. The motion was seconded by Al Connell and was unanimously carried. The mayor stated the the proposed budget was before the Council for public hearing. He stated the notice had been posted, copies of the proposed budget were in the office of the Town Clerk for public review. The Mayor then opened the meeting for public hearing on the proposed budget. Mr. Watkins stated that Mr. James and Mr. Blodgett did an admirable job preparing the budget and the Council also did a good job in reviewing the budget. He stated he did have a problem with this being the only public hearing and that he had not seen the changes as yet and found it very difficult to talk about the budget without first reviewing those changes. It was suggested that the Council not have their final public hearing until the Council has a proposed final budget. Mr. Watkins stated he did have a concern with the Council increasing the mill levy to because of the Avon Pietro District decreasing their mill levy. He felt that there was not any necessary collation between the two districts. He stated that it appeared to him that this money was going into a new item, the proposed use of tax monies to market the Town, to promote the Town and the area. He felt that the use of tax funds to promote the Triathlon may be agreeable, but to set up a Central Reservation System with tax funds may not be quite as popular to the taxpayers. After discussion it was agreed that Council would have a budget work session on October 18, 1983 at 7:30 p.m. The Council at that time would also meet with the Chamber of Commerce to discuss marketing. Resolution No.#83-38, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR A DAY CAFE CENTER/PRE-SCHOOL ON COMMERCIAL SPACE #1107, LOT A, BLOCK #2, BENCHMARK SUBDIVISION. Mr. Kvach stated that the P & Z has reviewed the Special Review Use and recommended approval subject to the two conditions (see Resolution No.#83-38). The resolution has been submitted to the Council for their consideration. Mr. Dennis Cole, attorney for the applicants, stated he had reviewed the resolution and that it meets with their approval. Mr. Cole stated that they have entered into a two-year lease at the Avon Center. Mr. Cole stated that the three criterias listed in the resolution met with their approval. 1) That the Day Care Center would not use the bus stop for drop-off and pick-up of the children. 2) Until such time as the paving is completed on the additional parking at Avon Center, that the Day Care Center would not use the area that is paved, but would use the gravel area, and 3) That the outdoor recreation area must be approved by the Planning and Zoning Commission. He stated that they have 1500 square feet of outdoor recreation area. The Center would cater to children from 2 years to 6 years old. He stated that Dave Cole ownes Lot#56 and the Center has - 4 - entered into *Agreement with Dave Cole ~r the outdoor recreation area. Mr. Dennis Cole move their recreation area. This lease could thirty-day written notice if Dave Cole should other use of the lot. The Center's intention approximately two years. the use of Lot#56 for stated though they may be terminated in a decide to make some is to use the lot for After discussion Al Connell moved approval of Resolution No.#83-38, Series of 1983, subject to Dennis Cole submitting the necessary documents to prove that they have access to the play area through Lot#56 and that the drop-off area be improved and available for a two year period. The motion was seconded by A.J. Wells and was carried with Don Buick abstaining. Resolution No.#83-39, Series of 1983, A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR PRE-SCHOOL/DAY CARE CENTER ON LOT 23, BLOCK #1, BENCHMARK SUBDIVISION. Mr. Dave Helmer, President of the Land of Oz Day Care Center, approached the Council. The other principles were Joann Grove, Executive Director, and Rick Jones. Mr. Helmer stated that they reviewed the resolution and that it does meet with their approval. He stated that they are catering to children from six weeks to six years and are also developing a program for the Latch-Key Children. The Day Care Center would be located at the Wolff Warehouse, Lot #23, Block #1, Benchmark Subdivision. He stated that they do have a lease with Mr. Wolff. They are going to use 3500 sq.ft. of the 5,000 sq.ft. and they are going to have inside the building 1500 sq.ft. of indoor-outdoor play area as well as having a 1560 sq.ft. immediately adjacent to an outside area. Mr. Helmer stated that there were four conditions contained in the resolution (see Resolution No.#83-39). He stated that in regards to item #4, that the asphalt could possibly be done in the spring. Mr. Helmer stated that they would be agreeable to post a Bond or pay to the Town a cash deposit. The cost for the asphalting would be $880. Dennis Cole approached the Council. He stated that he represents Mr. Wolff. Mr. Cole stated that Mr. Wolff had not yet signed a lease. Mr. Cole stated that Mr. Wolff has authorized Mr. Helmer to comment and petition for this approval, but that he wanted it understood that he had not signed a lease as yet. Mr. Cole also stated that Mr. Wolff wanted it understood that if additional parking or drop-off was required that it would be done on the Town's right-of-way. After discussion Don Buick moved approval of Resolution No.#83-39 subject to the modification on the paving as well as a copy of the executed lease. The motion was seconded by A.J. Wells and was unanimously carried. It was stated that the Day Care Center be required to post a Bond or a cash deposit, preferably a cash deposit for the paving. It was agreed. The change order for.the Nottingham Bike Path lighting was then discussed. Mr. Wood stated this change order was for three - 5 - additional lig9 fixtures and place remaiLng circuits on a time clock override. This would be an additional amount of $2,866.45. The new contract price would now be in the amount of $54,730.89. A.J. Wells moved to authorize the Mayor to execute the change order. The motion was seconded by Don Buick and was unanimously carried. The Financial Matters were next presented to the Council Dori Buick moved to receive items #1 through #11. The motion was seconded by A.J. Wells and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable of October 11, 1983. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of the Transit Fund, Mall Maintenance Fund, Mall Construction Fund, Public Works Fund and the Capital Projects Fund of Accounts Payable. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable. The motion was seconded by Larry Kumpost and was unanimously carried. The minutes of the September 27, 1983 meeting was then presented to the Council. Al Connell moved approval of the minutes of the September 27th meeting. The motion was seconded by Larry Kumpost and was unanimously carried. There being no further business Don Buick moved to adjourn. The motion was seconded by A.J. Wells. The Mayor adjourned the meeting at 9:55 p.m. The Council then went into executive session. Respec lly Submitte'° By - Patricia J. D le, Town Cie k - 6 -