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TC Minutes 04-12-19830 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING APRIL 12, 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, A.J. Wells, 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 as well as members of the press and public. The Mayor called for citizen input. Catherine Jones, a resident of Avon, approached the Council. She discussed the Avon-Vail Lift Service for year-round service. She stated she had received a total of ninety-nine surveys. From those surveys came a significant figure of a total of 84 people who use the bus regularly to get to and from work and most of the riders live in the Avon-Eagle Vail area. She stated that 14% did not use the bus to get to work. The people that would use it to get to and from work would need the service early in the morning and then again in the afternoon to return home. She stated that 61% of the riders stated that a rate increase from .50 to $1.00 would not affect their decision to ride the bus. After discussion Ms. Jones recommended that the Town of Avon take over the Avon-Vail bus service on a year-round basis immediately. The Mayor stated that one of the problems of taking over the service would be funding. He stated that the Council would study this matter with the staff and the matter would appear on the next work session of the Council. Mr. David E. Fales of Crossroads Realty approached the Council. He was representing the owner of Lots 23 and 75, Block #2, Benchmark at Beaver Creek. He stated his client suggested that an ideal development plan would include employee housing in a high-rise type structure and would be willing to build that type of structure and dedicate it to employee, or locals housing, if; 1) they could secure the residential rights; and 2) the community would assist by providing a funding method that would create an economic incentive. The site is presently zoned Shopping Center (SC). After discussion it was suggested by Council that this subject be placed on the next work session agenda. The Mayor thanked Mr. Fales for coming. There being no further citizen input, the Mayor closed discussion. Next on the agenda was second reading of Ordinance No.#83-16, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the public hearing. Don Buick moved approval of Ordinance No.#83-16, Series of 1983 on second reading. 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. Second reading of Ordinance No.#83-11, Series of 1983, AN ORDINANCE CONCERNED WITH DISSOLVING THE DESIGN REVIEW BOARD, CREATING A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND FUNCTIONS THEREOF, Al Connell moved approval of Ordinance No.#83-11, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. The Mayor opened the meeting for public hearing. Steve Erickson approached the Council. He was concerned with the wordage in Section 2.16.120 Performance Bond on page 5. Mr. Erickson asked the Council why a performance bonding requirement is being included in the P & Z Ordinance. He stated he thought it was usually handled through the building permit process. Councilwoman Davis stated the purpose for the bonding would be if the commission determines such action necessary. It gives the P & Z the ability to request a bond. It was suggested by Councilman Wells to add after the word "submit" in the fourth line, "prior to obtaining a building permit" and the fifth line after the word "credit" insert a comma so it reads,"a letter of credit, or surety bond," then add,"or other adequate collateral." At the end of the paragraph add, "It is not the intention herein that duplicate bonding be required by the town." 0 0 A.J. Wells moved to amend Ordinance No.#83-11, Series of 1983, on second reading as stated. The motion was seconded by Al Connell. The amended motion was unanimously carried by the Council. Councilwoman Davis moved to amend Ordinance No.#83-11, Series of 1983 on second reading with this change, on page 4, section 2.16.080, second line after the word "more" add "consultants" and then delete, "consulting architects, engineers, landscape architects or urban designers." The motion was seconded by Larry Kumpost. The amended motion was unanimously carried by the Council. It was agreed that this Ordinance will be effective as of May 1, 1983 due to the fact that the Design Review Board meeting this month would not be affected. The Council agreed. Those Councilmembers voting aye on the main motion 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.#83-10, Series of 1983, AN ORDINANCE CONCERNED WITH DEFINING THE TERM "LOCK-OFF," INCLUDING THE USE OF PROPERTY AS "LOCK-OFF" IN VARIOUS ZONE DISTRICTS CONCERNED WITH ESTABLISHING AND AMENDING OFFSTREET PARKING REQUIREMENTS, AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF. Don Buick moved approval of Ordinance No.#83-10, Series of 1983 on first reading. The motion was seconded by Larry Kumpost. 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.#83-17, Series of 1983, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO TOWN COUNCIL VACANCIES AND PROVIDING FOR AN ELECTION IN REGARD THERETO. A.J. Wells moved approval of Ordinance No.#83-17, Series of 1983 on first reading. The motion was seconded by Larry Kumpost. 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.#83-18, Series of 1983, AN ORDINANCE AMENDING CHAPTER 12.04 OF THE AVON MUNICIPAL CODE AS IT PERTAINS TO ADMINISTRATION THEREOF, CHANGING OTHER DETAIL THEREOF, AND PROVIDING PENALTIES OF THE VIOLATION THEREOF. (right of way cut ordinance) Don Buick moved approval of Ordinance No.#83-18, Series of 1983 on first reading. The motion was seconded by Al Connell. The Mayor called for discussion. Norm Wood Director of Public Works stated that the purpose of the amendment to this ordinance was to change the administration for right-of-way cut permits from the Building Administrator to the Director of Public Works. The other amendment change was to adjust the eligible persons who may apply for license so it corresponds with the changes that were just approved in...the building codes. Mr. Wood stated that in section 12.04.280 Bond, it was to bring it in with accordance with the changes that were made in the building code provision. He stated that the last sentence of section 12.04.280 was left out and requested that it be placed back in the paragraph. This sentence reads,"The public utilities may submit a corporate bond without sureties." The Council agreed that the sentence be placed back into section 12.04.280. A.J. Wells moved to amend Ordinance No.083-18, Series of 1983 to include the sentence, "The public utilities may submit a corporate bond without sureties." The motion was seconded by Don Buick. There being no further discussion 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. Dennis Cole approached the Council. Mr. Cole represents Sunroad Group, Ltd. (Roadcal). He ,stated he was before the Council to bring them up-to-date on the events of the Sunroad Group, Ltd. Mr. Cole stated that they have entered into an option agreement for purchase of fourteen (14) dwelling unit development rights from Dillon Real Estate Company, Inc.(City Market). He stated that approval of such a transfer would be by Special Review Use and would plan to be placed on the Design Review Board meeting of April 28, 1983. He stated that they would hopefully then bring this matter to the Town Council on Tuesday, May 10,1983. Mr. Cole then discussed the procedure that U.S. Home was using for payment of Real Estate Transfer Tax (the 14% transfer tax). He stated that transfer taxes would be paid within thirty (30) days of the recording of the deeds. Mr. Cole stated that the first deeds conveying time-sharing interest were recorded on March 18, 1983 and the town was paid on April 11, 1983, for most of all the transactions that were recorded during the month of March. The funds are paid through a title company which causes some lag time between the actual recording information and the funding of the loan for these sales. - 2 - Councilman Buick asked Mr. Cole where Sunroad Group, Ltd., stood on the entire project. Mr. Cole stated that they are in the process of preparing a presentation to the Council stating that it is their intention to study and evaluate the impacts that would be made upon the Town of Avon in the event they construct a hotel-convention center facility. He stated the transportation and recreation, etc., would be addressed. Councilman Buick stated that he was concerned by Sunroad using the Council as a pawn to deal with the private purchasers on this matter. Be it noted that A.J. Wells stepped down. Mr. Cole discussed this concern of letters between the private purchasers and Sunroad Group, Ltd., at length. Mr. Wells then returned to the podium. He asked Mr. Cole to explain the 14% of transfer tax that they were discussing earlier. Mr. Cole stated that it was agreed that every time-share unit that was sold, a payment would be made to the Town of Avon in the amount of 14%. 1% was designated as transfer tax and and the 4% was designated as a transportation or-recreational payment. In addition to the 14%, there is to be a recreational fee of $6.34 a week. He stated the recreational fee would be collected from the purchaser as a part of the maintenance fee. The purchaser was billed for the maintenance fee on an annual basis. Mr. Cole stated that the purchaser would be billed within 60 days following the closing of their purchase of the unit. He stated because the maintenance fees are paid on an annual basis, but broken down by the month in which units were purchased, the management company would be receiving these fees on a monthly basis and then the town would be receiving their recreational fees also on a monthly basis. After additional discussion the Mayor thanked Mr. Cole for his presentation. Steve Erickson approached the Council. He felt the town should put some type of hold on the density transfers so that the town could make the best use from their consultants and planner dealing with the Master Plan that was now in the working stages. Paul Swift, Attorney for Public Utilities Commission, approached the Council. He stated that there has been several drafts of the Model Franchise Agreement which have been distributed to Public Service Company and Rocky Mountain Gas Company. As a result of the distribution, he stated he had discussed the corrections with Mr. Blodgett and the attorneys for both utilities. Mr. Swift stated that it was indicated to him that Mr. Blodgett and the attorneys for the utilities found the corrections to be acceptable. The status was now that the matter is to be brought forward by both utilities. Mr. Swift then discussed the corrections. In the Model Franchise Agreement, page 6 section i, at the end of the second line should read, "In accordance with its service extension policies on file in effect with the commission,"on page 8 section 5, in the second paragraph, everything after the first sentence should be deleted, so the second paragraph should read,"The company, in the construction and maintenance of all its gas works and facilities, will install, operate and maintain all such facilities to comply with applicable laws and regulations of local, state and federal governments," on page 9, section 8, the title of the paragraph should read, "Contracts Availability," the wording would be changed to indicate, "that they would file contracts of natural gas to provide utility service under this agreement," also add at the end of the second paragraph, "to the extent permissible under said contracts and current financial obligations of the company applicable to those contracts," page 10, Article VI, in the first line after the word "after" add "five (5) years from." Mr. Caw elti, the attorney for Public Service, suggested that the Council review the Model Franchise Agreement with the new changes and place the ordinances for Public Service and Rocky Mountain Gas Company on the next regular Council meeting. Lester Sitter, attorney for Rocky Mountain Gas Company, stated he came before the Council expecting a first reading on the ordinances. After discussion Larry Kumpost moved to accept the language as modified in the Model Franchise Agreement and to have first reading on two non-exclusive ordinances, to possibly foster competition, at the next regular meeting. The motion was seconded by A.J. Wells. After further discussion Larry Kumpost moved to include in his motion to have an opinion from Mr. Swift as to whether or not the two-ordinances that the utility companies prepared were atn accordance with the Model Franchise Agreement. The motion was seconded by A.J. Wells. 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. Savoy Square, Lots #73/74, Block #2, Benchmark Subdivision. Mr. Kvach stated that this was a continuation of the hearing of the last Council Meeting. There were five conditions discussed regarding the approval of the plat. The Council was in accordance with the first four, but had concern with the fifth condition which was, prior to approval of the final plat the developer shall submit to the Town Council a statement agreeing to be assessed for the cost of any street widening taking place immediately adjacent to their property. Mr. Kvach stated that there was a letter sent to the developer indicating the five conditions. The developer had been given a figure for the approximate cost for the road improvements. - 3 - 0 0 Bill Pierce, representing the developer, stated that the figure quoted was between $30,000-$35,000 for the road improvements. The owner of the property was not willing to agree to do that at this time. Some of the Councilmembers felt that the road improvements should be the responsibility of the town. Norm Wood presented to the Council a study of the estimated road impact figures. He stated that the estimated impact at the east end of Beaver Creek Boulevard was about 1500 and at.the west end was about 2500 vehicles per day. A lengthy discussion followed. Greg Gage moved to approve Resolution No.#83-13, Series of 1983. The motion was seconded by Larry Kumpost. Discussion followed. Greg Gage moved to amend Resolution No. #83-13, Series of 1983 to delete condition item #5. The motion was seconded by Al Connell. Further discussion followed. The Mayor called for a final motion. Greg Gage moved to approve Resolution No.#83-13, Series of 1983 as amended. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. Those Councilmembers voting nay were: Larry Kumpost. The motion carried by a 5 to 1 vote. The Mayor suggested that this be placed on the next work session for further discussion. Skyview Condominiums, Lot #5, Block #1, Wildridge Subdivision. This was a preliminary Plat Hearing. Mr. Kvach stated that the staff had reviewed all the documents and recommended that the plat be approved. Sheila Davis moved approval of Skyview Condominiums, Lot #5, Block #1, Wildridge Subdivision. 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. The Town Center Mall was discussed. Don Buick moved to instruct Larry Kumpost and Norm Wood to meet with Dean Harper to get the issue of the work on the Mall, Phase II and the overpayment to Denton, Harper, Marshall resolved. The motion was seconded by A.J. Wells. 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 to direct Council to get an opinion from Bond Counsel that the Council could designate all the monies spent to date and the monies that will be spent this summer, as being bond money, and that the town funds would be spent in the future to interface with the project on the mall. The motion was seconded by Don Buick. 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. Lodge at Avon, Lots 157,58,59 and 60, Block #2, Benchmark Subdivision. This was a preliminary plat approval. Mr. Kvach stated that the staff had reviewed the plat and generally meets the requirements of the town subdivision regulations. The purpose of the plat was to replat 4 lots into one lot and eliminate the numerous easements and lot lines in order to aid future development of the land as one project. He stated he would recommend approval subject to the six conditions. (See Resolution No.1183-16, Series of 1983). It was suggested that in item 111 that "state and local" be changed to "town" so that it reads, "That all town subdivision regulations be complied with." After discussion Don Buick moved approval of Resolution No.#83-16, Series of 1983 with the change. 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. Bill Pierce stated that the owners of the property are going to grant the town the easement that the town has requested along Benchmark Road for eventually straightening out the road. The Town Attorney presented the Council with a copy of the final draft agreement between the town and Beaver Creek Resort Company for the provision of bus service. He then reviewed the agreement with the Council. The Compensation for Services were discussed at length. After discussion Don Buick moved approval of the agreement between the Town of Avon and Beaver Creek Resort Company. The motion was seconded by Al Connell. The Mayor called for discussion. Larry Kumpost moved to modify paragraph 5 (D) by striking (b) and (c), so that the last sentence reads, "Amounts due under this paragraph (D) shall be charged at the rate of 15% of the sum of the expenses listed in (a) above." The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and Don Buick. Those Councilmembers voting nay were: Greg Gage. The motion carried by a vote of 5 to 1. - 4 - 0 • A.J. Wells moved to change paragraph C so that after the words, "Actual expenses," add "other than those described in (a) and (b)above," so that it reads,"BCRC shall obtain TOA's approval before ordering any such expenses anticapted to cost more than $200.00." The motion was seconded by Sheila Davis. 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 to eliminate the blank space and the figure 4 on page 5, section G of the Agreement. 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 Mayor called for a vote on the main motion. 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 and the Council discussed the conflict of interest that Cosgriff, Dunn and French have regarding Confluence at Beaver Creek. Mr. Dunn felt that they did not have a conflict. Next on the agenda was the Town Manager reports. The Mayor stated that the item (a) be tabled until a later date as agreed earlier in the work session by the Council. Sheila Davis moved to table item (a) status report on the Comprehensive Plan; 1) Funding; 2) Selection of a consultant; 3) Scope of Service. 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. Don Buick moved to receive the report on the preliminary cost estimate and proposed costs of widening of West Beaver Creek Boulevard. 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. The Town Manager reported on the PUC License. He stated that he gave Paul Swift the go ahead with the $250.00 letter which includes application for common carrier as well as contractual service. He stated Mr. Swift would review both avenues at the same time. The time estimate for the entire PUC process is expected to be approximately six months. The Mayor requested that staff research the PUC License of the Lift. Mr. Blodgett reported that staff was studying the summer service from a budgetary standpoint. He stated it did not look favorable except for maybe the Lift. This matter will be continued until the next work session. Mr. Blodgett reported on the tennis court fee policy. At the present time there will be no charge for playing tennis. The boat policy was presented to the Council. It is a continuation of the policy from last year. Councilman Buick suggested that fishing be allowed in the lake. It was agreed. Mr. Buick suggested that they expand the vessels on the lake to 12 instead of the 10. It was agreed. A.J. Wells moved to accept the rules and regulations for recreational use of Nottingham Lake, to expand the amount of vessels on the lake to 12 and permit fishing. The motion was seconded by Don Buick. 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 P & Z Commission was discussed. Mr. Kvach stated that he had received two applications for the vacant position. He stated because of the lack of coverage from the media he was requesting another week to receive more responses. Councilman Kumpost stated that it was standard policy for DRB to interview the applicants and then make a recommendation to the Council. After discussion A.J. Wells moved to direct the DRB to interview all candidates that apply for the position by April 28, 1983. The motion was seconded by Sheila Davis. 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. - 5 - 0 0 Mr. Steve Erickson, resident of the town stated he would submit some data to the town in regards to the Master Plan to help push this matter forward. They discussed the possibilities of funding for the Comprehensive Plan. The Rodent Control for this year was discussed. Dan Sunday stated that basically he was looking at the same type of program that was instituted last year. After discussion the Mayor stated that the sooner they start the program the better. The Town Manager reported on Amtrak. He stated that Don Metzger of the Glenwood Springs Chamber of Commerce was coordinating the activities to celebrate the arrival of the Amtrak. April 25, 1983, has been scheduled for the ride. The train would leave Denver at 8:00 a.m. and arrive in Glenwood Springs at 1:30 p.m. After the ceremonies, another train would then depart from Glenwood Springs at 3:05 p.m, arriving in Denver at 9:00 p.m. The Amtrak officials are providing 75 seats for the two COG districts for public officials to ride the train. Councilman Buick stated that the town's interest would be to try to eventually have a railroad station in Avon. After discussion Don Buick moved to authorize the Mayor to write a letter to ICC to support the re-routing of the Denver Rio Grande from Wyoming to Colorado. The motion was seconded by Sheila Davis. 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. Al Connell moved to receive the report that Dick Kvach prepared regarding the revisions of off-street parking and refer it to DRB for their study and recommendations. The motion was seconded by Don Buick. 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 Mayor proclaimed April 17-23, 1983, as Volunteer Recognition Week. Larry Kumpost moved approval of Resolution No.#83-15, Series of 1983. The motion was seconded by Sheila Davis. 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 Financial Matters were next presented to the Council. Sheila Davis moved to receive items #1 through #9. 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. Sheila Davis moved approval of the General Fund Accounts Payable for April 12th. 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 Transit Fund and the Maintenance Fund Accounts Payable.The motion was seconded by Sheila Davis.. 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. Sheila Davis moved approval of the Reconciliation Sheet of Accounts Payable of April 12, 1983. The motion was seconded by A.J. Wells. 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 minutes of the March 22, 1983 meeting was next presented to the Council. Al Connell moved approval of the minutes of March 22, 1983 with these corrections; page 1, paragraph 4, add "Greg Gage moved to table the motion on the floor. The motion was seconded by Al Connell and was unanimously carried," page 3, paragraph 1, change "register" to "registered" and add after the word "not," "include," page 4, paragraph 4, change "$1,275.86," to $17,275.86," - 6 - • • page 4, paragraph 5, change to read, "Mayor Nottingham voted aye to break the tie vote," page 5, paragraph 3, revise alternate #1 to read, "All parties agree to early assessment immediately," page 5, paragraph 6, change to read, "that the agreement did not apply." With those corrections Sheila Davis seconded the motion. 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 Al Connell. The Mayor adjourned the meeting at 12:25 a.m. The Council then went into executive session. - 7 - Respectfully submitted Patricia J. Do e, Town Cl