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TC Minutes 05-24-1983MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MAY 24, 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. 'Hells, Al Connell and Don Buick. Also present were Town Attorney John Dunn, Town Manager Richard D. Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Richard 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. The discussion of the Chapel was deferred to later in the meeting. Albert (Buzz) Reynolds, Jr., of Reynolds Construction approached the Council. He was concerned with the increase of tap fees and water fees. The Mayor stated the Council does not have any authority over the Avon Metropolitan District, but did appreciate his concern and thoughts on this matter. The mayor stated he felt it was the overall economy that was causing the problems. Mr. Reynolds stated that if the town could provide water at a cheaper rate, and lower tap fees and just lower bills in general and make Avon more presentable to the buyers, then it might look better in the long run. The Mayor stated that the tap fees were lower in Avon than anywhere else in the valley. Coucilman Wells stated that for eight years the mills were kept down to 10 and for a district that provides water and fire, the mills should be 18. Mr. Reynolds stated that his discussion was for the purpose of thought and consideration. The Mayor thanked Mr. Reynolds for his comments. The Mayor then read a letter from Tor: Backhus in regards to the appointment of the P & Z Commission. The Mayor then asked for comments. Councilwoman Davis stated she didn't know how the Council could comment without Mr. Backhus being present. Councilwoman Davis stated that if anyone, including the DRF Members, think that a recommendation was going to change the way she conscientiously voted, that they can think again. She stated that if Council appoints the members, that Council should interview them. Councilman Connell stated that the implications of the letter was that the previous Council was corrupt. Councilman lVells stated that the Council should consider the letter from the P & Z Commission which suggests that the Council interview - 1 - all candidates!.)r the P & Z Commission allonot involve the P & Z Members in any future selection procedure. Councilman: Buick stated that the DRB put in considerable time and thought in making the final recommendation, but that there was no dialogue between the two bodies. There should have been more communications they should have stated why the DRB recommended that person. After discussion it was decided that the Council should interview all the present P a Z Members, all the applicants that were already considered and anyone else that wants to apply between now and the time the Council decides to start the procedure all over. The Mayor suggested that this matter be placed on the next regular work session. The Council discussed the Chapel. The Church group was requesting that the Council consider a long term lease. Councilman Wells stated that the town needs all the land they have in the town proper. He stated why not have the town build a Community Building, have the Church Group sign a lease. The Town could finance the building with Bonds paid for by revenues from the leasees, then the building would be a multi-purpose building. After discussion the Council requested that the Town Manager pursue this matter with Hal Holman. There being no further Citizen Input the Mayor closed discussion. Second reading of Ordinance No.#83-19, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF AVON, COLORADO, TO ROCKY MOUNTAIN GAS COMPANY, INC., ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR PLANTS, AND WORKS FOR THE PURCHASE OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXED, AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOTIN OF AVON, AND THE INHABITANTS THEREOF, FOR HEATING, COOKING, OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC MAYS AND PLACES IN SAID TOWN OF AVON AND FIXING THE TERMS AND CONDITIONS THEREOF. Al Connell moved approval of Ordinance No.#83-19, Series of 1983 on second reading. The motion was seconded by Don Buick. The Mayor opened the meeting for public hearing. Lester Sitter, attorney for Rocky Mountain Gas Company, stated that on May 12, 1983, the PUC examiner rendered his decision which basically gave a Certificate to Public Service Company for the Town of Avon and the territory east and gave Rocky Mountain Gas Company the territory west. He stated that it was not a final order at this point, that there are a few more days to file motions for reconsideration. Mr. Sitter stated that Rocky Mountain Gas would be pursuing their franchise ordinance with the town. There being no further discussion the Mayor closed the public hearing. 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. - 2 - Second reading= Ordinance No.#83-20, Se *s of 1983, AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF AVON, COLORADO TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR PLANTS, AND b-JORKS FOR THE PURCHASE OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXED, AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOWN OF AVON AND THE INHABITANTS THEREOF, FOR HEATING, COOKING, OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER UNDER, ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS AND PLACES IN SAID TOWN OF AVON AND FIXING THE TERMS AND CONDITIONS THEREOF. Sheila Davis moved approval of Ordinance No.#83-20, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. The Mayor opened the meeting for public hearing. There being none the Mayor closed the public hearing. 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.#r83-23, Series of 1983, AN ORDINANCE CONCERNED WITH THE OFFENSES OF ILLEGAL USE OF PUBLIC WAYS FOR COMMUNICATIONS SYSTEM, THEFT OF COMMUNICATIONS SIGNALS, AND CRIMINAL TAMPERING WITH COMMUNICATIONS EQUIPMENT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Sheila Davis stepped down because of a conflict of interest. Don Buick moved approval of Ordinance No.#83-23, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. The Mayor opened the meeting for public hearing. There being none the Mayor closed the meeting for public hearing. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was carried 5-0, with Sheila Davis abstaining. Councilwoman Sheila Davis returned to her seat. Second reading of Ordinance No.#83-24, Series of 1983, AN ORDIANCE REGARDING NOTICE OF HEARING DAYS FROM 15 DAYS TO 12 DAYS. A.J. Wells moved approval of Ordinance No.#I83-24, Series of 1983 or. second reading. The motion was seconded by Al Connell. The Mayor opened the meeting for public hearing. Larry Kumpost moved to amend the motion to include that in Section 2, paragraph C-2 add the word, "described", before the word "area." The motion was seconded by Sheila Davis and was unanimously carried. There being no further discussion the Mayor closed the public hearing. 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.#83-25, Series of 1983, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE AVON MUNICIPAL CODE, PERTAINING TO REAL PROPERTY TRANSFER TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS, ISSUANCE OF SUBPENAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN - 3 - INFORMATION To* CONFIDENTIAL. • Larry tumpost moved to table Ordinance No.#83-25, Series of 1983. The motion was seconded by Sheila Davis and was unanimously carried. First reading of Ordinance No.#83-26, Series of 1983, AN ORDINANCE AMENDING CHAPTER 3.28 OF THE AVON MU14ICIPAL CODE, PERTAINING TO PUBLIC ACCOMMODATIONS TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS, ISSUANCE OF SUBPENIAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN INFORMATION TO BE CONFIDENTIAL. Larry Kumpost moved to table Ordiance No. #83-26, Series of 1983. The motion was seconded by Al Connell and was unanimously carried. It was stated that the Town Attorney would redraft these ordinances and to make them clear to make sure that the people that might be audited understand as to what their rights may be. Also, to make the changes to the similiar provisions contained in the Sales Tax Ordinance. Next on the agenda was the approval of the audit report. After discussion A.J. Wells moved to receive the audit report and the letter of recommendation for improvements of 1982 and solict proposals from reputable CPA firms especially from the top sixteen firms in the nation. The motion was seconded by Al Connell. Discussion followed on this matter. After discussion A.J. Wells moved to amend his motion to read that the Council ask these payments to be made to the auditors on the balance of their fees for 1982 and to solicit proposals for the 1983 audit from any comparable CPA firms that would like to submit their proposals, but especially the top lv firms in the United States. The motion was seconded by Al Connell and was unanimously carried. The VRA's request for a contribution toward the financial study relative to valley wide marketing had been cancelled from the agenda until the next regular meeting. The Council then discussed the Nall Plans and the Avon Road Plans. Norm Wood presented the Council with drawings for each project. Mir. Wood suggested eliminating the section of bike path that crosses Metcalf Ditch and ties into the parking lot of the tennis courts. It was stated there was approximately $207,000 left to spend on the improvements on the Mall. If there are any funds left over they would reduce the special assessments. Councilman Kumpost suggested more potentilla be planted. Mr. Wood stated part of the irrigation water would be potable and part of the water would be from the park system. Councilman Buick asked if there would be a problem lighting the area for night skating. It was stated that the pond was 13,000 square feet. Also, benches need to be included. Other suggestions were trash receptacles, lighting, benches and more shrubs for the mall area. The Zamboni was to be included as part of the Bond issue. The Avon Road was then discussed. Mr. Wood stated that the Section 1 area was from the interstate down - 4 - to Beaver Creek Dr"'levarc". Councilman Buick ggested that the town oarite i,oac,cal a l~cer recsuesting they pay fc* a split rail fence along Avon Road. The approxirlate figure would be $2,500. After discussion Don Buick moved approval of the plans and to proceed along the schedule outlined by dorm Hood. The motion was seconded by Greg Gage. Councilman Kumpost suggested that some of the trees should be cut back away from Avon; Woad. The Council did not agree. 11r. flood stated hopefully, in the next two weeks he should have a reply back from the Highway Department. The Iayor called for a vote on the motion which was unanimously carried. The Bond Issue for Capital Improvements was discussed. Councilman Wells stated he did not know why the town could not do a bond issue for a half a million dollars to cover all issuance cost plus Avon Road Improvements that the town wants to proceed with, plus the lighting of the bike path in the park, improving the softball field, moving the log cabin down into the park and installing restrooms in the cabin. Bill James stated his concern was that this year we are adding another $40,000-$60,000, to this years budget for the Comprehensive Plan, then there would be another cost to the town of approximately $80,000 per year if it's a ten year bona issue or $65,000 per year if it's a twenty year bond issue. He stated he would feel more comfortable if those figures were inserted into a 5 year plan to make sure they would be able to meet those additional bond and interest payments. Councilman Buick stated he had the feeling that ter. James did not want to pursue the bond issue. Iir. James stated that was not the case at all. Iir. Blodgett stated he felt that if the town were to take this year and make it a careful planning year instead of trying to rush into an improvement that is.going to be there a long time, it might be better if the Council were to take time, plan it and then fund it at the beginning of the year. Councilman `•.Tells stated that the Council wants to get on with the bond issue to complete the improvements. He felt the action needs to be taken now, not next year. The private telephone system was then discussed. Mr. James stated he had talked to a firm known as the Lodge Property Consultants, Inc. which provides independent services to clients in selecting a telephone system. The basic cost for the service would be $50 per phone or approximately $1,500. The Council agreed that they wanted competative bids, not consultants. After discussion the Council gave the direction to continue the survey of receiving competitive bids. Nike Blair, Chairman of the Avon I,ietropolitan District, approached the Council. He was requesting the Council's assistance and participation in improving the water duality for the Town of Avon. He stated because of the late spring the water quality this year, due to the lac0f oxygen, was of very po 0color and taste. He stated that there were two solutions that the Board had addressed in regards to this problem. 1) aeration and 2) diverting Buck Creek directly to the pump house in an enclosed pipe. He stated aeration would be expensive from both a capital improvement and operational cost basis. The most efficient solution would be the piping of Buck Creek. The cost would run approximately $8,000 to $10,000. Mr. Blair stated that the District does not charge the town for the use of the raw water to irrigate the park. He stated that if the town shared the expense, the cost ;,could be 50% to the town or not to exceed $4,250.00. Mr. Blair stated this process would be done and completed before next winter. He was requesting that the town assist the Avon Metro Board in the cost of piping a bypass culvert from Buck Creek to the pump house. After discussion Al Connell moved approval for the town's participation of 500 of the cost of the improvement not to exceed 44,250.00, for the piping of a bypass culvert from Buck Creek to the pump house. Mr. Connell suggested that Council look into the budget and pay this amount next year unless it is possible to pay it this year. The motion was seconded by Don Buick and was carried with Allan Nottingham not voting and A.J. Wells abstaining. The Town Attorney reported on the Roche Constructors, Inc., suit. He stated that on May 5, 1903, he had appeared in Denver District Court in connection with the Roche Litigation. The purpose of the hearing was for a motion for Summary Judgement filed by Universal Drywall. The Judge ordered that the amount of the Drywall Supply claim be paid to Roche, however, the Judge declined to award any interest at all. Mr. Dunn stated that the attorney for Drywall Supply may appeal. No action will be taken until the appeal time runs out. The Council discussed the removing of the cars from the Eagle River. It was agreed to ask the land owner to remove the cars. If he does not, then the town would have to proceed legally. The Council recessed at 11:06 p.m. and reconvened at 11:14 p.m. The Town Manager reported on the amending of the Business License ordinance. The Council agreed possibly to cover this as a business registration approach and consider it as an occupational tax. The Mayor recommended to proceed on the Comprehensive Plan, scope of service. It was agreed to set up a meeting with the council, the consultants and the staff next Tuesday, June 2, 1983 at 4:00 p.m. An alternate date would be June 7, 1983. A memo would be sent out to all interested parties. - 6 - 0 0 The Town Manager reported on the Lift Bus Service. He stated he had met with the Eagle-Vail Homeowners Association. Their concern was to do something to improve the system. They discussed a possible shuttle bus. The Association stated that the money that was in the Lift fund surplus possibly could be used as seed money and see if the shuttle and the main bus would work. After discussion Larry Kumpost moved to instruct the town manager to contact the County and let them know that the Lift operation is a County wide level type service. The motion was seconded by A.J. Wells and was unanimously carried. The Town Manager reported on Tract P. He stated that he had talked with Chuck Schwann and suggested to try to arrange to set up a committee from each Board and sit down to explore the future of Tract P. He suggested two members from the Board of Education and representatives from Vail Associates, Benchmark Investments, Eagle County Commissioner's office and the Town of Avon. After discussion the Council agreed to appoint Don Buick and Greg Gage as representatives from the Town of Avon. The meeting was scheduled for June 7th or Sth 1983. The Mayor reported on the Central Rockies Job and Economic Development Project. There was a meeting scheduled for May 26, 1983. The Rocky Mountain Program for Senior Executives in State and Local Government was discussed. Council agreed it was too expensive to attend. The Financial matters were next presented to the Council. Councilman Connell stated he thought the Town Attorney's bill was once again too high. A.J. Wells moved to receive items #r`1 through #7. The motion was seconded by Larry Kumpost. Mr. James stated that in the 1983 budget it was proposed to close out Nottingham Park Fund Account into the Public Works Fund. Those monies are being used for the tennis court improvements. After discussion Mr. James suggested to draft a resolution amending the budget to put the tennis courts into the Nottingham Park Fund and keep the fund open for another year. The Mayor called for a vote and it was unanimously carried. Al Connell moved approval of the General Fund Accounts Payable for May 24, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells moved approval of the Public Works Fund Accounts Payable, - 7 - the Transit Ful'Accounts Payable and the Obt Service Fund Accounts Payable for May 24, 1983. The motion was seconded by Lary Kumpost and was unanimously carried. Larry Kumpost moved approval of the Reconciliation Sheet of Accounts Payable for May 24, 1983. The motion was seconded by Al Connell and was unanimously carried. The minutes of the May 10, 1983 meeting ws next presented to the Council. The Council discussed whether the Mayor Pro-Tem could vote or not vote. It was agreed to possibly amend the Charter to make this very clear. Council also requested a legal opinion of the Town Attorney relative to the power of the veto. Also, in Section 6.2, does it take an actual four votes for passage of an ordinance or a majority of those who can vote. After lengthy discussion Don Buick moved approval of the minutes of May 10, 1983. The motion was seconded by Al Connell and was carried with A.J. Wells abstaining because he was not present for that meeting. There being no further business Al Connell moved to adjourn. The motin was seconded by Don Buick. The Mayor adjourned the meeting at 12:10 a.m. Respectfully Submitted, nny 11, eputy Clerk - 8 -