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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 0 9 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. -2- • • 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 -3- • • 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. -4- 0 0 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 -5- 0 0 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. -6- 0 • 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. -7- • • 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