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TC Minutes 09-13-19830 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING SEPTEMBER 13, 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 7:46 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, Superintendent of Public Works Dan Sunday as well as members of the press and public. The Mayor called for Citizen Input. Mike Larson with Vail Associates, Inc. approached the Council. Mr. Larson stated he was requesting that Avon participate in the Cloud Seeding Program for the 83/84 ski season. He stated it would be similiar to the program of last year. The estimated cost that was submitted by the Western Weather Consultants would be $23,150 for 550 hours of generator time. The total amount requested for the Town of Avon was $9,028 and would not exceed that amount. Mr. Larson stated he would submit a payment schedule as soon as it was finalized. After discussion Don Buick moved to commit to budget $9,028 to the 83/84 Cloud Seeding Program. The motion was seconded by Larry Kumpost and was unanimously carried. The Mayor stated the next item under Citizen Input was the Forest Service. Since Joe Hartman was not present, the two items would be covered by Ernie Nunn of the Forest Service and also by Larry Warren and Bob Poole. The items being discussed were, 1) the Metcalf Creek and June Creek Area Revision of the Land Adjustment Plan; 2) Environmental Impact Statement and proposed Forest Plan/White River National Forest. Larry Warren approached the Council. He stated he appreciated the opportunity to discuss the proposed Fifty Year Plan for the White River National Forest. He stated that the Forest Service was mandated by Congress to come up with a long term management direction for each National Forest in the United States. It does allow for up-dating every ten to 15 years. They have been requesting input from area towns, groups, etc., by November 23, 1983. Mr. Warren stated their presentation would consist of some of the resources such as lands program, timber, vegetation management in the area, water, wildlife, recreation, wilderness, travel management. Ernie Nunn approached the Council. Mr. Nunn stated he would like to discuss some of the resources that have local significance; -1- 1) Wildlife: this plan allows for the continuation of some type of ' winter range habitat improvement for the elk and deer (about 500 acres). The areas that would be involved would be Berry Creek, June Creek, Metcalf Creek, Buck Creek where the deer and elk concentrate in in the winter months. He stated regarding the Bark Beetle, there are three areas of concern, the Piney River Drainage, the local (Upper Eagle Valley area); and the Homestake Valley. He stated that they are going to concentrate in the high value areas, around the ski and community areas, up and down the Minturn Valley, Redcliff, Vail, and Avon. He stated they are still treating the problem of beetle kill with chemicals, salvage logging and firewood gathering and will continue the programs as long as the funds last. They are not treating the Bark Beetle in the Holy Cross Wilderness area by the decision of the Supervisor of the Forest Service. He stated that this was being repealed by the Town of Minturn. Mr. Nunn discussed the water diversion. This proposed plan allows for diversion projects for municipalties including transmountain diversion project. He stated that the saw mill in Kremling that is being put in by Louisiana Pacific, was a Wafer Board Plant. He stated for the first time they have an opportunity to help manage some Aspen stands in these areas. Bob Poole approached the Council to discuss the Federal Lands disposals. One of the goals is to make lands available through exchange through the Fifty Year Period. A second goal is to consolidate various ownerships. He stated there are three procedures which the plan would identify through which they could sell the land adjustments: 1) Town Site Act; 2) Small Tracts Act; 3) Exchange procedure by trading lands. There are 2500 acres in the land adjustment program. Mr. Poole stated that there is a new electronic site above Dowd Junction. This proposed plan seeks to consolidate the electronic sites. He discussed the Special Use Program goals. Some of the priorities for a Special use would be: 1) economic; 2) private (roads),; 3) public health, safety and welfare. Mining and prospecting were discussed. He stated the applicant would have to furnish an operating plan before proceeding. Larry Warren discussed the recreation for the Forest Land, ski areas and biking, etc. Mr. Nunn stated as of January 1, 1984, the Forest Service will be setting up a charging system for all firewood. The Mayor thanked Mr. Nunn, Mr. Poole and Mr. Warren for their presentation. At that point the Mayor stated he would like to submit a Resolution to the Council thanking Mr. Nunn for his help and services, Mr. Nunn is leaving the area. The resolution was then read by the Town Clerk (See Resolution No.#83-35, Series of 1983). Don Buick moved approval of Resolution No.#83-35, Series of 1983. The motion was seconded by A.J. Wells and was unanimously carried. The Mayor presented Mr. Nunn with a certified copy of the Resolution. -2- Tom Hill, of the Sopris Mental Health Clinic, approached the Council. Mr. Hill was requesting support from the Town of Avon, a contribution this year for $4,300. He stated that the Clinic provides service for 48 people just from the Avon area, the utilization would even be higher if they had the staff to meet the demand. After discussion Sheila Davis moved approval of a grant for $4,300 to Sopris Mental Health Clinic that should be taken into account in the 1984 budget. The motion was seconded by A.J. Wells and was unanimously carried. First reading of ordinance No.#83-34, Series of 1983, AN ORDINANCE CONCERNED WITH FLOOD DAMAGE PREVENTION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Councilman Kumpost suggested to have the ordinance restructured to where it would be the initial responsibility of the Building Administrator to receive the sign off from the Town Engineer, to change this throughout the ordinance where it applies. He asked that the ordinance describe the roll of the Town Engineer. On page 7, after the word "reasonable" add, "for." After lengthy discussion Don Buick moved approval of ordinance No.#83-34 on first reading with the changes. 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. 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. The Town Attorney stated that Jim Fritz, Assistant County Attorney, has been working with him on the ordinance. Mr. Dunn stated that the County does expect the Town of Avon Ordinance to be consistant with the County Dog Resolution and the County's right to participate in picking up dogs within the Town. Mr. Dunn stated that Mr. Fritz was going to revise the County Resolution because of problems with their resolution. The Town Attorney stated there has not been a response from Mr. Fritz as to whether our ordinance is acceptable as far as the County is concerned. The Town Attorney recommended that the Ordinance be adopted on first reading. Councilman Connell suggested that Council table the ordinance until response is heared from Mr. Fritz. The Mayor stated he thought it was important enough that the ordinance be discussed and suggested they continue with the discussion. Page one, the first WHEREAS, change "peach" to "peace", page two (f) change "castraded" to "castrated", page two (h) change "femal" to "female", page three (n) suggested changing the wording of that paragraph. It was suggested to add, "or is confined to a fence portion of the yard or other suitable enclosure", page five, add the word "further" before the word, "shall". The Town Manager also suggested adding the wording in the next paragraph to state that not -3- • 0 only is enforcement the duty of the peace officer, but also is the duty of other employees of the Town duly authorized by the Police Chief. Councilman Connell felt that the Council was wasting time discussing the Ordinance. At that point the Mayor read a letter from Michael Blair, Chairman of the Avon Metro District. Mr. Blair stated in his letter of September 13th, that the Town has to keep the dogs away from the restricted areas in the park. He stressed again the urgency of the protection of the drinking water for the Avon residents. The Mayor stated that there is an urgency to pass the Dog Control Ordinance. A lengthy discussion followed. A.J. Wells moved to table Ordinance No.#83-35. The motion was seconded by Al Connell and was unanimously carried. The Town Manager stated he would like some direction before it is brought back to Council. Councilman Buick stated he was concerned with the over regulations, but also was concerned with residents rights that were being encroached upon. Councilman Buick asked to have the Town Attorney contact Mr. Fritz for his input and response to the ordinance and then return to the Council with an ordinance that has been cleaned up. It was stated that signs should be posted in the park to alert the residents of the restricted areas. The Town Manager stated that the signs would be posted in the restricted areas the following day. The Town Manager reported on the buses. He stated at the afternoon session Council was given a status report on the: 1) acquisition of a fourth bus. He stated that they couldn't finalize the decision until the budget was further along; 2) the night time service. He stated that Mr. Laurence Davis is to head up the petition of an Agreement that he was helping to create to have all the restaurant owners sign the petition; 3) the Lift Bus Service was discussed, the routes of the Lift were being studied and were still waiting for some final figures from Vail. Mr. Blodgett stated that he would be meeting with the County at 9:00 a.m. Wednesday, September 14th, regarding the Lift Service. He stated he was to continue to seek the financial participation of all the entities that have existed in the past (Avon, Eagle County, Vail). The Town Manager stated that if he can pull everything together on the Agreements would Council object to a Special Meeting on the Lift. The Council had no objections. Councilman Wells stated that he strongly objected to the Agreement between the Town of Avon, Town of Vail and Eagle County regarding the Lift. He stated that the Town committed to taking over the Lift for one year. He stated that the Agreement has the Town acquiring the buses, managing the buses. He stated the Town was suppose to manage via this Transportation Council and it was not mentioned in the Agreement at all. He stated that one year from now, if the Town was -4- 0 not happy with the program, the Town of Avon wanted the option of just having the County taking it over. Mr. Wells stated that he wanted the County to agree to that now, that the decisions should be made by the Transportation Council. Councilman Buick was concerned with the wording of "Vail owns and has historically operated a bus system" and Avon desires to acquire the buses and operate the buses" and "the County desires to have the Lift managed and operate and is willing to assist". Mr. Buick stated it does not say what the County's responsibilities will be in the event that a year from now the Town of Avon wants to get out of the bus business. Councilman Wells stated that it does not tie the County into helping the Town of Avon manage this system through this Transportation Council. After lengthy discussion the Council agreed to the following changes. That in the Recital insert, "reference, Appendix "A"" and submit a document signed by the Transportation Council, Memorandum of Understanding. Page 1, change to "3 buses and 6 vans". In the obligation of Avon, insert amounts during each respective time period, dollar amounts, also in that paragraph change to read, "Avon will provide "through" the Lift System". Councilman wells stated that the Agreement was a long way from being finalized for signing. The Agreement between Beaver Creek Resort Company (BCRC) and the Town of Avon was discussed. Council felt that since they don't have the budget schedule and that the BCRC should review the Agreement that this Agreement should also be tabled until such time the BCRC has a chance to review the Agreement. A.J. Wells moved to table the Agreement between the Town of Avon, Town of Vail and Eagle County (The Lift) and the Agreement between the BCRC and the Town of Avon (The Lift). The motion was seconded by Larry Kumpost and was unanimously carried. Don Buick moved to receive the Parking Regulations for consideration by the Council for action at a future date and to refer the regulations to the Planning and Zoning Commission. The motion was seconded by Greg Gage and was unanimously carried. The Agreement for the Bus Advertising was then presented to the Council. In #5 add, "by the Town". Al Connell moved approval of the Bus Advertising Agreement with the change that the Town will clean the signs. The motion was seconded by Greg Gage and was unanimously carried. The Council recessed at 9:50 p.m. and reconvened at 10:15 p.m. Greg Gage was absent from the remaining time of the meeting 10:10 p.m. -5- The Memorandum of Understanding of the Eastern Eagle Valley Transportation Council was discussed. Councilman Kumpost stated that at the Transit Council Meeting last Thursday, that it was indicated that Arrowhead and possibly Berry Creek would be willing to contribute a certain amount of money toward this Advisory Committee. He stated if there is going to be a regional transportation district, the work should start next year. He stated that the committee has to have the flexibility to proceed. He proposed to reduce the Lift obligations of each entity by a $1,000 and put that money into a fund that would be used for the Advisory Committee. Mr. Kumpost proposed to include the $1,000 that Avon would contribute in the next years budget. A.J. Wells stated that if the Committee is going to be funded, then clarify what the funds would be used for, what the study would consist of and what the responsibilities are to the Lift System in regard to (recital Powers) paragraph #2. He stated that the Town of Avon probably would operate the Lift. He stated if the Town is looking to have binding advise and direction from the County, this organization needs to be authorized by the County. He stated that at the meeting in May, the County agreed to form the Transit Council. Why not ask them to give the legal power that it needs so that their decisions are binding on the County. He suggested that the Town require the County to form a non-profit corporation, if it takes that, to form a legal entity that can make decisions on behalf of the County for this transportation system. He stated he just wants the Agreements to say what the Town agreed to do. Councilman Kumpost suggested to add to Section DUTIES, "it will be the duty of the County that by next August of 1984 for them to set up an entity that will take control of the County Transportation, including the Lift. That within one year the County has to be a functioning entity with authority at the County level". Mr. Wells stated to include: 1) to recognize the County to advise what service should be provided by the Lift; 2) if the Town's not going to require that the County have a legal entity now so that the decisions by the Advisory Committee are County level decisions, then Mr. Wells stated to include that the County will attempt to form a legal entity that can make decisions that are binding on behalf of the County. He stated that the Town Manager should express to the County Commissioners, the Council's concerns of the Memorandum of Understanding and where we should be a year from now. He stated if the County has no intention of pursuing this, then he stated he has no intention of supporting taking over the Lift System. A.J. Wells moved to table the Memorandum of Understanding of the Eastern Eagle Valley Transportation Council. The motion was seconded by Al Connell and was unanimously carried. The Denver Water Supply Systemwide Environmental Impact Statement (DWB Systemwide EIS) was discussed. The Town Manager stated he had inserted this item in the packet because he was receiving information from NWCCOG on the water supply. -6- 0 • This has been referred to the water district. Al Connell moved to receive the memorandum of the Denver Water Supply. A.J. Wells stated that every time we have problems in the Eagle River or diversions of water to the eastern slope, this Town has got just as much of a problem as does the Avon Metro District because of environmental reasons. He felt it should be a combined effort of concern for the Town as a whole. The motion was seconded by A.J. Wells and was unanimously carried. The Town Attorney reported on the Denton, Harper, Marshall bill. Mr. Dunn stated he had reviewed the correspondence between the Town and Denton, Harper, Marshall. He stated on the basis of his review he felt the Town was entitled to a refund of overpayments made to Denton, Harper, Marshall. The overpayment being $2,587.18. He stated that there were three reasons why Harper's letter was in error. 1) the amount paid by the Town calculates that amount $2,587.18; 2) the decision by Harper that they should have been paid for extra services in connection with the bonds; 3) the copy of the contract is in the attorney's file was executed by Steve Erickson on behalf of the Town for Phase I only. Councilman Buick stated that Harper spent a lot of time on the Bond Issue and a lot of time to help the Town, that Harper did make a contribution. Councilman Buick stated it was his recommendation to drop the overpayment all together. The Council agreed. Councilman Wells suggested that Council take the Town Attorney's proposed Fee Schedule Agreement under advisement until the next Council meeting. Mr. Dunn stated he was going to re-do his proposed Fee Agreement and present it to the Council and possibly consider it as an option and possibly read it into the budget. The License Agreement (Benchmark Sign) was next presented to the Council. Be it noted that A.J. Wells stepped down because of conflict of interest. The Town Attorney stated that Benchmark at Beaver Creek would license to the Town the right to use the sign on Tract Y for installation, renovation and adoption of a sign identifying the Town of Avon. There are two five year options. There was a provision of early termination in the event the site becomes unfit. Larry Goad, representing Benchmark, approached the Council. He stated that they did not have the opportunity to review the Agreement with Art Apblanalp. Mr. Goad requested that this Agreement be deferred until the form is corrected. He stated that Benchmark wants to give the Town the sign and license to the use of the property where the sign is located. He stated as far as the term it could be a five year license, possibly $10.00 a year. Norm Wood stated he felt comfortable with going ahead and proceeding with the work and that the Town and Benchmark are in general -7- agreement. Don Buick moved to table the License Agreement until it is in it's final form. The motion was seconded by Al Connell and was carried with A.J. Wells abstaining and Mayor Nottingham abstaining from voting. Councilman Wells then returned to his seat. The Operations and Maintenance Agreement between the Town of Avon, Avon Metro and Upper Eagle Valley Sanitation District was next presented to the Council. This Agreement gives access to the Nottingham Lake drain valve through the west end of the bike path at the intersection of Beaver Creek Boulevard. Page 1, first "WHEREAS" strike the word "THE" before the word "water". Page 1, fourth "WHEREAS", change "Notthingham-Poudre" to "Nottingham-Puder". After discussion Don Buick moved approval of the Agreement dated August 29, 1983 between Avon Metro, Town of Avon and the Upper Eagle Valley Sanitation District. The motion was seconded by Al Connell and was unanimously carried. The Town Manager reported on the proposed Helicopter Service. Don Buick moved to refer this matter to the Planning and Zoning Commission. The motion was seconded by Al Connell and was unanimously carried. A.J. Wells moved to receive the proposed Sign Code and refer it to the Planning and Zoning Commission and the Plum Street Associates Consultants. The motion was seconded by Al Connell and was unanimously carried. The Lift Bus Schedule was discussed. There is a study in process to possibly run the Lift Bus on Nottingham Road this year and possibly run a van up to Wildridge. A position has not been taken at this point. The Mayor stated it would come back to Council for further discussion. The Budget Schedule was presented to the Council. No comments were made. -8- • 0 The Town Manager stated it was recommended that the Council award the Fuel Contract to D'Orio Distributing for unleaded and Diesel No.#2 Fuel for a period of six-months starting October 1, 1983. Sheila Davis so moved. The motion was seconded by Al Connell and was unanimously carried. Sheila Davis moved to authorize staff to proceed with the arrangements to purchase Diesel Fuel and regular gasoline from the Upper Eagle Valley Sanitation District (UEVSD). The motion was seconded by Don Buick and was unanimously carried. The Town Manager stated that he had just received notification from the County Sheriff that the Board Rate would be increased for prisoners from $12.50 to $45.00. It's approximately a 270% increase. This relates to Municipal Ordinance Violations arrests. The Town Manager stated that he wants to put the increase into effect October 1, 1983 before the Town has had an opportunity to budget funds for such an increase. The Council requested that the Town Manager respond to the County of the Town's displeasure of the increase. The Financial Matters were next presented to the Council. Sheila Davis moved to receive items #1 through #7. The motion was seconded by Larry Kumpost and was unanimously carried. Sheila Davis moved approval of the General Fund Accounts Payable of September 13, 1983. The motion was seconded by Al Connell and was unanimously carried. Sheila Davis moved approval of the Capital Projects Fund, Mall Construction Fund, Mall Maintenance Fund, Public Works Fund Accounts Payable. The motion was seconded by A.J. Wells and was unanimously carried. Larry Kumpost moved approval of the Reconciliation Sheet of Accounts Payable of September 13, 1983. The motion was seconded by A.J. Wells and was unanimously carried. Don Buick moved approval of the minutes of the August 23, 1983 meeting and also the minutes of the continued meeting of September 1, 1983 with this correction. On page 1 change "idenity" to "identity". With that correction Sheila Davis seconded the motion and was unanimously carried. Councilman Kumpost stated considering the circumstances of the -9- 0 0 appointment to the Planning and Zoning Commission last time where there was a recommendation he felt the Council should consider the possibility of just appointing Tom Backhus to the Commission because he was recommended by the Commission to begin with. Councilman Buick stated that people should apply and have the coordination between the P & Z and the Council. A.J. Wells stated that when this matter was discussed before, it was decided that the Council should do the interviewing and do the appointing. The Log Cabin was discussed. Mr. Wood presented the Council with four different sketches. After discussion the Council decided on the third or fourth sketch plan and agreed to the storage area. There being no further discussion A.J. Wells moved to adjourn. The motion was seconded by Al Connell. The Mayor adjourned the meeting at 11:45 p.m. Respectfullv Submitted, -10-