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TC Minutes 08-23-1983• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING AUGUST 23, 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 7:44 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, 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 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. Tom Backhus, Chairman of the Upper Eagle Valley Chamber of Commerce, approached the Council. He was representing the Triathlon Committee and also the Chamber. He stated that the committee would be organizing the 1984 Triathlon. He felt that the Town should be made aware of what progress has been made this year and the need the Chamber felt that the Town should help with. He stated that the organizational committee consists of Larry Lichliter, from VA; Larry Goad, from Benchmark Companies; Mike Larson of VA; Dan Sunday, from the Town of Avon; Charlie Mass, from VA; Terry Cloud, from Kamen Supply; and Tom Backhus. Larry Lichliter approached the Council. He stated that last year the Triathlon was held on March 23, 1982, it was a test event. It was made possible by donations only. Mr. Lichliter stated that this year°s event would be scheduled for late January, early February. Mr. Lichliter stated that they would hire a Director of the event which would look into the marketing, placing of ads, requests for donations and he would be a fund raiser as well as the event coordinator. The interviews for such a Director are scheduled for Friday of this week. Mr. Backhus stated that they have a preliminary budget of $50,000. Mr. Backhus was asking the Town for a contribution of $7,500 which would allow them to guarantee the Director a base salary of $5,000. He stated he sees this as a means of building the identity of the Town of Avon and would create further knowledge of availability of things in the area. He felt that Avon would benefit from that. He stated it would be called the "Mountain Man Triathlon." The Council had some concern about the name and felt that possibly it should be changed to "Avon-Beaver Creek Triathlon" for promotion purposes. It was suggested that possibly showing Avon as one of the -1- • • initial sponsors (Gold Sponsor) would be appropriate. After lengthy discussion Don Buick moved to give the Chamber a positive agreement, but wait until the Director came aboard before the Town make any kind of commitment. The Council does support it and thinks it is in the best interest of the Town. The motion was seconded by Al Connell. Further discussion followed. Don Buick amended his motion to commit for the 1984 budget that the Town of Avon for their sponsorship of the Triathlon, $5,000 at least, and time from the employees that work for the Town. The amended motion was seconded by Al Connell and was unanimously carried. Second reading of Ordinance No.#83-33, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE TO HERITAGE CABLEVISION, INC. ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF AVON, COLORADO, AND SETTING FORTH CONDITIONS ACCOMPNAYING THE GRANT OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL AND REGULATION AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO, ESTABLISHING PROHIBITIONS RELATING TO THE PROVISION OF CABLE TELEVISION SERVICES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCE N0.#16-79, SERIES OF 1979. Be it noted that Councilwoman Sheila Davis stepped down because of conflict of interest. Jerry Davis, President of Rocky Mountain Cable TV (RMCTV), approached the Council. He stated on page 17, it refers to "RMCTV", it should be changed to "Heritage" "HC", page 26, Section 25, Mr. Davis suggested deleting the language of that paragraph and insert the following, "This Ordinance shall become effective when accepted by Grantee and relinquished by Rocky Mountain Cable TV, Inc. and shall then be and become a valid and binding contract between the Town of Avon and Grantee; provided however that this Ordinance shall be void unless Grantee shall, within 90 days after the final passage of this Ordinance, file with the Town Clerk of the Town a written acceptance of this Ordinance and the Franchise herein granted, and during this same 90 day time period, Rocky Mountain Cable TV, Inc. shall file with the Town Clerk of the Town a written relinquishment. The written acceptance to be filed by the Grantee shall state that the Grantee will agree to comply with all of the provisions and conditions hereof and that it will refrain from doing all things prohibited by this Ordinance." The Town Attorney stated that the language was acceptable to him. The Town Attorney then proceeded. He stated there were other changes from the attorney's office that were recommended which were incorporated in the posted form of the ordinance. These changes were: page 1, 3rd WHEREAS, add "to", page 4, 13th line, change "Section 5" to "Section 6", 2nd paragraph, 2nd line add, "Not", Section 5, page 6, 4th paragraph change "limities" to "limits", page 7, 2nd paragraph, 3rd line add after the word "persons" "or from any other event against which the Grantee has indemnified the Town", page 8, 14th line, add after the "Town", "over which the Town has -2- control", page 9, 3rd line add, "shoulder", page 10, Section 7, 11th line, delete "for An initial term of fifteen (15) years. The expiration date of the initial fifteen (15) year Franchise is hereby stipulated to be", Section 8, 7th line after the word "initial" delete, "fifteen (15) year", 13th line add "parties", page 11, 8th line change sentence to read, "should the Town, for any reason, be unable to determine whether the Franchise should be renewed prior to expiration of this Franchise", 13th line should be changed to read, "determination is made", page 14, "Section 7", should be changed to "Section 8", page 14, Section 11, delete the last sentence of that paragraph, page 16, Section 13, the rate schedule has been changed to include the current rate schedule, page 18, Section 14, 6th line, change "furture" to "future", page 19, 4th line change "Company" to "Grantee". He stated that those were the changes he recommended. He stated his recommendation to the Council as a matter of procedure would be that the ordinance as posted together with the revised Section 25 and various typographical errors and the recommendations of Councilman Wells, that the ordinance be adopted on final reading. Councilman Wells so moved. The motion was seconded by Al Connell. Jerry Davis discussed the service of Wildridge Subdivision. He stated since the Franchise was awarded, there had been an Ordinance adopted dealing with permit fees and backfill fees. He stated that Heritage quoted a policy of 40 units per mile. There are 47 units in Block #1 of Wildridge. Mr. Davis stated that the problem that they have stems from the ordinance that was passed concerning the rates to be charged for permit fees and for the requirements for backfill and the removal of material after the backfill is replaced. He felt there should be some consideration concerning this. He stated that there would be an additional $800 for permit fees. Jene Larson, Manager for Heritage and Bob Probasco, Regional Engineer, approached the Council. They discussed their concerns of the prices of the permit fees and the backfill. After discussion Councilman Wells suggested that if they could prove their demonstration of good work, show the Council that the Town had not incurred the costs, he stated he would be willing to look into a possible refund. Mr. Wells suggested possibly have them come back with a proposal of what the cost would be to the Town, they could put up a letter of credit or bond of some kind for the balance, then prove to the Council that they can do what they say they can do. Mr. Larson stated he felt that that was a workable solution. Mr. Larson and Mr. Probasco stated that they would proceed with the installation of service up to Block #1 in Wildridge. The Mayor opened the meeting for public hearing. Mr. Ron Sharp, resident of Block #1 in Wildridge, stated he would like a commitment from Heritage stating that there would not be an installation surcharge to the owners of Wildridge. He stated he was requesting this only for Block #1. Mr. Larson did agree that there would be no surcharge. Mr. Larson stated he fully intends to have service to Wildridge, beyond any unnatural weather acts, but could not give a definite date other than tentatively December 1, 1983. There being no other citizen wishing to be heard the Mayor closed -3- • the public hearing. The Mayor then called for a roll call. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion carried with Sheila Davis abstaining. Councilwoman Davis then resumed her seat. The Bus On-Board Advertising was next presented to the Council. Bill James approached the Council. He discussed the report outlining some of the suggestions for the Town of Avon to enter into a program inviting advertising on the Town buses by local merchants and possibly some non-Avon businesses. He stated the Mrs. Pat Cuny offered her assistance to this program. Pat Cuny, of Benchmark Liquors and a resident of Avon, approached the Council. She reviewed and discussed the policy of the on-board advertising. The Council felt there should be some changes to the policy such as; 1) should reduce the price of the signs to $200 per sign instead of the $400 to local businesses and to outside businesses; 2) the minimum number of signs needed, the Council suggested 1 sign with 2 replacements if locally and 1 sign with 3 replacements if signs are produced outside the area; 3) the amount down on signing the contract would be $100, November 1, 1983, $50 and February 1, 1984 would be $50, a total of $200; 4) should be a total of 27 businesses instead of just the 9 businesses; 5) should be on a first come first serve basis only if they have an Avon Business License up until September 30th. After September 30th, they would then be sold on a first come-first serve basis to out- side Town businesses; 6) previous advertisers should be given preference; 7) that no guarantee would be given that each bus would always be operational. After lenghty discussion it was agreed that staff would revise the policy and return it to the Council for their review. Sheila Davis moved to authorize John Dunn to draw up a contract for advertising on the Town buses. The motion was seconded by Al Connell and was unanimously carried. Palisades Townhouse Plat, Lot#2, Block #5, Wildridge Subdivision. This was a preliminary approval. Mr. Kvach stated that the review was for six townhouse units. He stated that there were eight items to be considered before approval (see Resolution No.#83-34). After discussion A.J. Wells moved approval of Resolution No.#83-34. The motion was seconded by Al Connell and was unanimously carried. Resolution No.#83-33, Series of 1983, was next on the agenda. Mr. James stated that at the last Council meeting the Council -4- • 0 requested a budget for all the planned various improvements. This resolution amends the 1983 Capital Projects Budget (See Resolution No.#83-33). After discussion A.J. Wells moved approval of Resolution No.#83-33, Series of 1983. The motion was seconded by Al Connell and was unanimously carried. The Town Attorney reported on a memorandum from Art Abplanalp in respect to the problems which are created by the incorporation by reference of the Eagle County Dog control Resolution. He stated that there are a number of very significant problems with respect to having the County Resolution in effect within the Town. After discussion Sheila Davis moved approval for the attorney to research and possibly have the Town adopt their own dog ordinance. The motion was seconded by Larry Kumpost and was unanimously carried. The Denton, Harper, Marshall bill was discussed. The Town Attorney stated that he felt that $2,500 was not worth spending a substantial amount of money to file a claim for, but if the Town's position was a good one and felt comfortable with pursuing it, he would go ahead and file a claim in Eagle County Court and try and get it resolved short of spending $2,500 to do it. He stated he would review all documentation and make his recommendation to Council at the next meeting. Sheila Davis moved approval to accept Intratect (Bill Pierce) proposal for the work on the Municipal Building Improvements and the Nottingham Park Restrooms. The motion was seconded by Don Buick and was unanimously carried. The Council discussed the bike path lighting. It was agreed to add one more light around the children's play area. After discussion A.J. Wells moved to award the bid to New Electric for the bike path lighting, but the contract be drawn for 35 fixtures instead of 32 fixtures and to install Guardco and concrete poles. The motion was seconded by Al Connell and was unanimously carried. The revision of I-70 landscaping plans were discussed. Mr. Wood was requesting approval of the modifications of the plans to allow the go ahead to negotiate a change order with the -5- • i contractor to complete the work. With the revisions the total amount comes to $34,166.00. Sheila Davis moved approval of the new plans for the I-70 project and that the Ponderosa Pines be changed to Blue Spruce. The motion was seconded by Larry Kumpost and was unanimously carried. The Transit Bus System was discussed. Mr. James reviewed the meeting of August 16, 1983, with the Council. (see status report dated August 19, 1983). He stated that the Lift Service would be discontinued October 1, 1983, and would resume again around November 23, 1983. Mr. James stated there should be decisions made for the Avon Bus Service Schedules and also the night service so those schedules can be included in the brochure showing the schedules for Avon, Beaver Creek. This decision has to be ready by September 1, 1983. After lengthy discussion A.J. Wells moved to direct staff to proceed with the recommendations outlined in the report dated August 19, 1983. The motion was seconded by Sheila Davis and was unanimously carried. Mr. James recommended that this Council meeting be continued until Thursday, September 1, 1983 at 4:00 p.m., to address the buses and to address the possibility of purchasing another bus for the Town. Bob McIlveen approached the Council. He presented the Council with a draft of the Lift Bus Schedule. He stated he felt they had a problem of what hours the Lift would run, what fee to charge. He felt that they couldn't make those decisions until the Transit Council was set up. He stated that Eagle-Vail would like to see a lot more service. Mr. McIlveen stated that there probably is a lot more involved than what there is money for. He felt there is a need for a positive commitment from Eagle County if the service is to be expanded. Mr. McIlveen stated that the Lift Bus Schedule would be printed separately. The Mayor reported on an invitation to the Council from the Eagle County Board of Commissioners to attend ground breaking Ceremonies for the Eagle County Justice Center Wednesday, August 31st, from 10:00 a.m. to 12:00 noon. The Mayor reported on a helicopter service to provide various services such as powder skiing, shuttle service between Vail and Aspen, etc. It was suggested that Dick Kvach direct this to Plum Street Consultants to see if there could be a spot located to land a helicopter. It was suggested to report back to Council at a later date. The Financial Matters were next presented to the Council Larry Kumpost moved to receive items #1 through #9. The motion was -6- • seconded by Greg Gage and was unanimously carried. Larry Kumpost moved approval of the General Fund Accounts Payable. The motion was seconded by Sheila Davis and was unanimously carried. A.J. Wells moved approval of the Public Works Fund, Mall Maintenance Fund, Transit Fund, Capital Projects Fund Accounts Payable. The motion was seconded by Greg Gage and was unanimously carried. After discussion A.J. Wells amended his motion to include the zamboni pay-• ment in the Capital Projects Fund. The amended motion was seconded by Larry Kumpost and was unanimously carried. Mr. James also brought up one more matter on the Avon Road Landscaping which was the proposed-installation of seven electrical outlets for x-mas tree lighting for Avon Road. The price for the seven outlets would be $3,855. The Council felt the amount was too expensive. After discussion Al Connell moved to table this matter until September 1, 1983. The motion was seconded by Don Buick. Discussion followed. After discussion Al Connell amended his motion to include allowing two electrical outlets for just two lighted trees between Beaver Creek Boulevard and Benchmark Road on the west side. The amended motion was seconded by A.J. Wells and was unanimously carried. A.J. Wells moved approval of the Reconciliation Sheet of Accounts Payable for August 23, 1983. The motion was seconded by Greg Gage and was unanimously carried. Don Buick moved approval the August 9, 1983. The Kumpost and was carried absence of that meeting. of the regular Council Meeting Minutes of motion was seconded by Larry with A.J. Wells abstaining because of his Don Buick moved to continue this meeting until September 1, 1983, at 4:00 p.m. The i«,)tion was seconded by Al Connell and was unanimously carried. The Council recessed at 12:20 a.m. Respectfully Submitted B -7- 0 0 -8- MINUTES OF THE CONTINUED MEETING OF AUGUST 23, 1983 - HELD SEPTEMBER 1, 1983 This was a continuation of the August 23, 1983 Council Meeting. Councilman Greg Gage chaired the meeting. The meeting was called to order by Chairman Gage at 4:44 p.m. A roll call was taken with Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were Town Manager Richard D. Blodgett., Finance Director Bill James, Director of Public Works Norm Wood, Superintendent of Public Works Dan Sunday. Those absent were Larry Kumpost, Sheila Davis and Mayor Allan Nottingham. First item on the agenda was the acquisition of a fourth bus for the Town of Avon. Norm Wood stated that staff has been looking into the "Thomas" buses. The price per bus would be $72,000 for a 34 foot bus and would seat 39 passengers. He stated it has a five year, 100,000 mile warranty, a twenty year life. They discussed the financing of the fourth bus. Mr. James stated the approximate cost per month would be $1,245 at 9%. Mr. Wood stated the Company would paint the bus for the Town. He stated he would also like to look into the "Blue Bird Line", as yet he has not had a chance to discuss prices with the Company. Mr. Wood stated that he was not requesting action on this matter, but wanted to inform the Council of the progress that was being made. The On-Board Bus Advertising was next discussed. The Council reviewed the revised policies. The Town Manager stated that the policies were presented to the Chamber for their review. The Council requested a few changes such as; 1) in item #5 change "amount down on signing contract, $100.00", to "amount down on making application, $100.00, the balance on/or before January 1, 1984"; 2) if the merchant signs up for 3 signs, that the 4th sign would be free for the 4th bus; 3) one of the primary objectives would be to have 27 businesses to participate and should be indicated as one of the policies; 4) to limit one sign each for each separate business for a five day period of time (September 9th) and after the five day period address the additional signs for that business. Don Buick suggested to send a member of the town staff to City Market requesting their $5,000 donation in return for four free signs. The Change Order No.#2 for Avon Road was discussed. Mr. Wood stated this change order relates to the adjusting of the tree quantity for the revised planting plan and also includes the landscaping on the north side of the interstate. The contract price due to the change order will be increased by $32,824. The new contract price including this change order will be $207,915.11 (see attachment to -1- • • change order No.#2.) After discussion A.J. Wells moved approval of change order No.#2 for Avon Road Landscaping. The motion was seconded by Al Connell and was unanimously carrel. Change Order No.#1 for Avon Town Center Mall-Phase II. This change includes widen and overlay section of asphalt walkway from the tennis courts to east-west section of walkway through the center of the Mall and to add three electrical outlets in the detention pond area. This change order would be increased by $6,045.00. The new contract price being $160,045.00 A.J. Wells moved approval of change order No.#1 for the Town Center Mall-Phase II. The motion was seconded by Don Buick and was unanimously carried. Next item on the agenda was to award the bid contract for electrical work for the Benchmark Sign. Mr. Wood stated he had requested proposals from five electrical area contractors, he stated he had received two bids. After discussion A.J. Wells moved to award the contract to Mountain High Electric for the work to be done on the Benchmark Sign, the contract being $6,004.00. The motion was seconded by Don Buick and was unanimously carried. Next on the agenda was the discussion of the tentative plans for the log cabin. Some of the various uses would be; a warming room, recreation program registration, recreation equipment storage, etc. Mr. Wood stated he was proposing one restroom primarily for employee use, public use would be on a limited basis. It would be located just west of the Municipal Building parking lot. It was agreed to go with the shed roof on the cabin. Mr. Wood suggested extending the stockade fence west along the railroad tracks where equipment and supplies could be stored. The Council agreed. Mr. Wood requested authorization to be able to work with Bill Pierce on this project since Mr. Pierce was awarded the contract for the work on the cabin. It was suggested that the Town receive a bill of sale for the cabin from Benchmark. There being no further business Don Buick moved to adjourn. The motion was seconded by Al Connell. Chairman Gage adjourned the meeting at 6:00 p.m. The Council then went into executive session. Respectfully Submitted: -2- 9 By -3- Awk