TC Minutes 01-22-19850 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD JANUARY 22, 1985 - 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 Nottingham at 7:51 p.m.
A roll call was taken with Clint Watkins, Steve Miller, Sheila
Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorneys John Dunn and Art Abplanalp, Town
Manager Bill James, Director of Public Works Norm Wood, Building
Administrator Dan Fogland, Chief of Police Joe Olson, as well as
members of the-press and public.
The Mayor called for Citizen Input. There being no one wishing to
be heard, the Mayor closed the discussion.
Second reading of Ordinance No. 84-13. Series of 1984, AN
ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE
MUNICIPAL CODE OF 'THE TOWN OF AVON, MAKING NECESSARY RELATED
AMENDMENTS TO THE"ZONING CODE OF'THE TOWN OF AVON AND PROVIDING
PENALTIES*FOR THE VIOLATION-THEREOF.
Clint Watkins' moved to table Ordinance 84-13. The motion was
seconded by Steve Miller and was unanimously carried.
Resolution No. 84-51, Series of 1984, TOWN ATTORNEY'S FEES AND
SERVICES.
This was continued from the January 8th Council meeting.
John Dunn approached the Council. He requested that Council
consider the resolution at this time. He stated that the firm of
Cosgriff, Dunn & French had employed Allen C. Christensen as a new
member of the firm. Mr. Christensen resides in Vail. Mr. Dunn
stated that Allen would begin work January 28, 1985. He stated
that Allen does not meet the five years of practice requirement
to qualify for Town Attorney. Mr. Dunn proposed that Council
adopt the resoluton, that he continue to serve as Town Attorney,
that Art Abplanalp continue to serve as Deputy Attorney, and that
they work Allen into an Assistant Town Attorney role. Mr. Dunn
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would like to have Allen do as much work for the Town as the Town
would feel comfortable having him do. He stated that the first
area in which Allen could take over would be prosecuting cases for
Municipal Court. Mr. Dunn stated that, as long as he remained Town
Attorney officially, it was his opinion that the Town was in
compliance with the Charter's five year requirement.
Mr. Dunn proposed to bill Allen's time at $70.00 per hour.
Don Buick moved approval of Resolution No. 84-51, Series of 1984.
The motion was seconded by Steve Miller.
Discussion followed.
Councilman Watkins stated he has felt that legal fees have been
extremely high for some time. He stated that, for what the Town
was paying for attorneys' time, he felt that the Town should
consider an in-house, part-time attorney. He stated that he would
approve the resolution, but felt that Council should continue to
look into the idea of an in-house attorney. Mr. Dunn stated that
he would always be willing to consider any arrangements concerning
fees with Council, and to try to keep the legal fees down. He
stated that, at the present time, litigation has been a major
factor in the increase in fees.
Councilman Miller stated that he appreciated the guidance and
direction provided to him by the attorneys, and felt that the new
addition to the law firm would be a benefit to the Town. The
Mayor called for a vote from the Council. The motion was
unanimously carried.
The next item on the agenda was a review of the Public Access
Television. Larry Kumpost, a member of the Advisory Committee,
approached the Council. He stated that the Advisory Committee had
reviewed the Minority Report for the operation of Vail Public
Access Television and the response to the Board's Majority Report
submitted to the Vail Town Council on September 25, 1984. Mr.
Kumpost stated that the Advisory Board has determined that the
funding and administrative methods described in the Minority
Report are, in general, consistent with the views expressed in the
memo that was submitted to, and approved by, the Avon Town Council
on August 28, 1984. He stated that the Committee intentionally
avoided any specific comments or recommendations at this time.
They felt that the details should be resolved by a regional board,
with representation from all communities currently served by
Heritage Cablevision. He stated that, although the Advisory
Committee would not recommend blanket approval of the policies and
procedures described in the Minority Report, they felt that it
would provide a solid foundation for a regional board's
consideration and deliberation.
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Mr. Kumpost stated that the Committee suggested the Avon Town
Council take the following actions:
1) Reaffirm support for the formation of a Regional Advisory
Board that includes representatives from all affected communities,
not just the three municipalities of Vail, Avon, and Minturn.
2) The purpose of the Regional Advisory Board shall be to review
all of the material prepared to date, and to hold public hearings
to obtain citizen input. (A) The Regional Advisory Board should
concentrate initially on the broad-scope issues of basic
operational policies and funding methods; (B) Once the major
issues have been resolved, the Regional Advisory Board should
prepare specific Rules and Regulations for final review and
adoption.
3) Since Heritage Cablevision will play a major role in providing
Public Access TV, formal lines of communication should be
established between Heritage and the Regional Advisory Board.
Heritage should be given the opportunity to express its views
during the Regional Board's deliberations.
4) The Committee suggested that a meeting between the Towns(Vail,
Avon, Minturn) may be essential to resolve the approach that
should be used for Public Access TV for the valley residents.
Lengthy discussion followed.
Steve Miller moved that a letter be drafted, through the office of
the Town Manager, to reaffirm support for the formation of the
Authority, to include representatives from all the affected
communities, to outline the proposed purposes, as stated, to
establish formal lines of communication between that Board and
Heritage Cablevision, and to suggest that the Towns involve a
meeting of all essential and appropriate parties in that process.
The motion was seconded by Don Buick and was unanimously carried.
Councilman Miller suggested that Gene Larson, of Heritage
Cablevision, might possibly address a letter, as an indirect
representative of Avon, supporting the Town's interest within this
situation, addressing the letter to the Town of Vail.
Resolution No. 85-2, A RESOLUTION TO ESTABLISH A DEFERRED
COMPENSATION PLAN and Resolution No. 85-4, A RESOLUTION TO
ESTABLISH A MONEY PURCHASE RETIREMENT PLAN.
The Town Manager stated that Dave Parker, the representative from
ICMA, presented the deferred compensation plan, as well as the
money purchase plan, to the employees. This plan excludes the
Police Department. A specific plan for them would be addressed at
a later date. He stated that the employees were in favor of the
plan. Mr. James stated that Council would have to decide on a
funding plan that would be starting on February 1, 1985. He
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stated that he had suggested a 100% vested on day one; the first
year, the employee would make a 1% contribution that would be
matched by the Town. The second year's contribution would be 2%,
3rd year 4%, 4th year 6%, and the 5th year 8%. He stated that
the Town would take another look at long time employees in July,
to see if the Town could give those employees a higher percentage.
Employees would receive a 12% return.
The Council discussed whether participation in the plan should be
mandatory or voluntary. Councilwoman Davis felt participation
should be the option of the employee. She stated that this area
employs many young people who could care less about a pension
plan. Councilman Watkins agreed that Council should make
participation in the plan optional.
After lengthy discussion of this issue, A.J. Wells moved approval
of Resolution No. 85-2. The motion was seconded by Steve Miller
and was unanimously carried.
Councilman Wells moved approval of Resolution No. 85-4. The
motion was seconded by Clint Watkins and was unanimously carried.
Sheila Davis moved that, starting February 1, 1985, the Town would
begin contributing to the Pension Plan approved'in Resolutions No.
85-2 and 85-4, Series of 1985, that the employees would contri-
bute 1% of their salaries, that the Town would have to match
that contribution, that participation within the plan would be
optional, that the date the employee decides to start
participation in the plan is the date that the Town would begin
making contributions based upon the following schedule:
All full-time employees would contribute 1% the first year, 2% the
second year, 4% the third year, 6% the fourth year, and 8% the
fifth year; that the contribution by the Town is 100% vested, that
once an employee has joined the plan, he cannot withdraw from the
plan until he leaves the Town's employ or until he would withdraw
funds in regard to an emergency situation.
The motion was seconded by A.J. Wells and was unanimously carried.
Resolution No. 85-3, series of 1985, A RESOLUTION TO PERMIT
TIME-SHARE FOR PEREGRINE VILLAGE CONDOMINIUMS, also, the
Subdividers Agreement for'Time-Share for the Peregrine Village.
The Mayor offered these two issues for Council's consideration.
Clint Watkins moved to continue the two matters until the next
regular meeting. The motion was seconded by Steve Miller and was
unanimously carried.
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The Town Attorney reported on the letter the Town received from a
Mr. Tad Foster of the City of Colorado Springs, Colorado, in
regard to Public Records Request/Homestake II Water Project, and
Jim Lamont's reported find of ancient civilization sites,
artifacts, and/or remains located in the Holy Cross Wilderness
area. Mr. Dunn stated that he had responded to the letter,
advising Mr. Foster that the Town of Avon had no such records and
that Jim Lamont was an independent contractor, not an employee of
the Town. Mr. Dunn stated that he felt it was a personal matter
of Mr. Lamont' s
No action was taken.
Councilman Watkins brought up the matter of a cemetery. With the
Town of Vail looking for a cemetery site, and with the Town of
Avon looking at a site north of Avon when the Forest Service
exchange goes through, Mr. Watkins felt that Avon should look at
the possibility of making the cemetery district include more than
just the Town of Avon. He suggested finding out whether Vail and
the surrounding areas might want to be part of the cemetery
district.
It was agreed by Council that the Town Attorney look into the
matter.
The Town Manager reported on the Long Term Disability Policy. He
stated that proposals were taken on the Disability Policy. The
price that was submitted was 1.09% of salaries, which would cost
the Town $442 above the 1985 budgeted amount. The benefits
provided under the Long Term Disability policy would be basically
the same as Social Security. If approved, the policy would start
February 1, 1985. This policy would be carried through a local
insurance agent.
Council agreed.
The Town Manager reported that Clint Watkins and he met with the
Water Authority last week. Mr. James stated that he was waiting
for a dollar figure and some of the options from the Water
Authority. He stated that a final agreement should be forthcoming
by the February 12th meeting. He reported on selecting an
Architect for the Community Center. He stated that ZVFK
Architects were hired to do the architectural design for the water
plant, and the Town Council authorized them to come up with floor
plans through conceptual design. Mr. James stated that they were
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at a point where it should be decided whether to continue with the
same architectural firm, or to take formal proposals from various
local Architects.
The Council agreed to look into taking local architectural
proposals.
Councilman Wells suggested that the Town look into
condominiumizing before the Water Authority begins their bond
issue.
Discussion followed.
Councilman Watkins felt Council needed to schedule a work session
to look at the overall issue, including the footprint of the
building. The Council decided to hire an Architect to arrive at a
final concept, the detailed architectural plans would come later.
A work session was scheduled for February 6, 1985, from 5:00 p.m.
to 7:00 p.m., to go over the overall site plan and to discuss the
negotiations with the Water Authority. The Architects would be
scheduled later.
No action was taken.
The Town Manager reminded the Council that there were a lot of
things to address in regard to the Development Plan for Districts
I and II. He stated that the drafts could possibly be ready for
the next regular work session, so that staff could receive input
from the Council. The drafts would then be sent out to the land
owners for their feedback. He stated that another item for
discussion would be the Capital Improvements Program. The Five
Year Budget has not been completed yet.
Norm Wood reported on the proposals received for a preliminary
engineering study for the separated grade crossing on Avon Road.
Eight proposals were received with quoted costs ranging from
$6,950 to $30,417. Mr. Wood suggested the procedure he was
recommending for selection of an engineering firm and completion
of the study was as follows:
1. Establish a review committee consisting of Doug Pilcher-Eagle
County, Dean Kirkling-Vail Associates, and he;
2. The committee will select and interview three firms based on
proposal evaluations;
3. The committee will recommend a firm to the Town Council for
the preliminary engineering study of the Avon Road grade
crossing;
4. Eagle County and Vail Associates would be approached for
participation in the cost of the study;
5. Authorize the selected firm to proceed, if the required funds
were committed.
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After discussion, Steve Miller moved approval of the procedures
outlined and submitted in Mr. Wood's report regarding the
separated grade crossing. The motion was seconded by Al Connell
and was unanimously carried.
The Town Manager stated that the discussion in regard Hotel/Lodge
Development Rights would apply to the tabling of Ordinance No.
84-13 that occured earlier in the meeting. There was no further
discussion on the issue.
The Financial Matters were next presented to the Council.
Sheila Davis moved to receive items #1 through U. The motion was
seconded by Steve Miller and was unanimously carried.
Steve Miller moved approval of the General Fund Accounts Payable
of January 22, 1985. The motion was seconded by Al Connell and
was unanimously carried.
Councilman Watkins was concerned with the Accounts Payable for the
Western Vail Valley Chamber of Commerce. He felt that the $887.50
paid to the Chamber for advertising should have been a Council
policy decision, rather than the Town Manager's decision.
Councilwoman Davis agreed.
Steve Miller moved approval of the Transit Fund Accounts Payable
of January 22, 1985. The motion was seconded by Sheila Davis and
was unanimously carried.
Clint Watkins moved approval of the Reconciliation Sheet of
Accounts Payable for January 22, 1985. The motion was seconded by
Don Buick and was unanimously carried.
The minutes of the January 8, 1985, Council meeting were next
presented to the Council.
Sheila Davis moved approval of the minutes for the January 8,
1985, Council meeting. The motion was seconded by Steve Miller
and-was unanimously carried.
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Councilman Miller had a concern regarding Nottingham Road, at the
location of Chambertin Townhomes. He mentioned that the road at
that location seemed to be sinking. Mr. Wood stated that they
have had some problems at that location, and he would take a
closer look at the situation.
The letter that was received from Barbara Baker, resident of
Wildridge, concerning the speed limit on Metcalf Road was
discussed. The letter stated that Ms. Baker, along with some
other Wildridge residents, would like to see the speed limit
raised from 25 mph to 35-40 mph.
Discussion followed.
The Council suggested that a letter be sent to Ms. Baker
explaining the problems related to raising the speed limit on
Metcalf Road. The Town Manager stated that a response to Ms.
Baker's letter was being sent and that the situation had been
taken care of.
There being no further business to come before the Council, Al
Connell moved to adjourn. The motion was seconded by Don Buick.
The meeting was adjourned by Mayor Nottingham at 10:15 p.m.
AnnYnNTae9 -8-
R spec fully Submitte
Patricia J, Do e, Town lerk