TC Minutes 11-13-1990MINUTES OF THE UNFINISHED BUSINESS OF-THE
TOWN COUNCIL MEETING HELD NOVEMBER 13, 1990
T:30 P.M.
The regular meeting of the Avon 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 7:41 p.m.
A roll call was taken with David Garton, Albert Reynolds, Mike
Bennett; Gloria McRory, Jim Stovall and Jerry Davis present. Also
present were Town Attorney John Dunn, Town Manager Bill James, Director
of Engineering Norm Wood, Director of Municipal Services, Director
of Community Development, Fire-Chief Charlie Moore, Police Chief
Art Dalton, Town,Cl_erk Patricia J. Doyle, as well as, members of the
press and public.
The Mayor called for Citizen Input.
A.J. Johnson, Eagle.County Sheriff,,,approached.the Council. Mr.
Johnson reviewed the"..proposed. Intergovernmental'Agreement for enhanced
911. He stated _that it would enentualy cause a fee to he placed
on the individual tklephone subscribers bill-at'somewhere between
.50 to .70 cents per month for this service. He stated that those
fees would enable them to purchase equipment for this program. He
stated that they need support of not only all the citizens, but from
all the governmental agencies. He stated that a task force would
be set up. Mr. Johnson discussed the equipment that would be needed
for such a program. This would not be in operation until a year or a
year 1/2 from now. He stated that when a call would come in on the'
E911 line, the Dispatch would know where it was coming,from, which
would save time. U.S. West would not put any funds into this program.
After.some discussion, Councilman Davis moved to supoort the enhanced
911 System and moved approval of Resolution NO. 90-49, Series of 1990,
which allowed the support of the E911 System. The motion was seconded
by Councilman Reynolds and was unanimously carried. (See Agreement
attached to these minutes).
The Fire Contracts were then discussed.
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Bill James stated that for the past several months staff has been
working with the Special Districts to come up with the agreements
for the Town of Avon to provide fire protection services which would
include, Eagle-Vail, Arrowhead, Beaver Creek, Edwards, Berry Creek
and some other outlining areas. Mr. James requested that the Council
approve the contracts and to give authorization for the Town Manager
and the Town Attorney to make minor changes to the contracts as they
arise. The motion was seconded by Councilman Reynolds and was
unanimously carried.
Councilwoman McRory moved approval of the Final Design for the Park
Plan of the Playground. The motion was seconded by Councilman
Davis and was unanimously carried.
Second reading of Ordinance No. 90-17, Series of 1990, AN ORDINANCE
REPEALING AND RE-ENACTING SECTION 17.24.020 (A) 10 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO THE UTILIZATION OF
RESIDENTIAL OFF STREET PARKING.
Rick Pylman reviewed the ordinance with the Council. He stated
that he added a sentence to the ordinance in respect to tour buses
and group transportation, which read as follows, "Tour buses and other
group transportation vehicles may be parked in said zone districts
provided such vehilces are engaged in charter or shuttle service
to and from the property".
Discussion followed.
Councilman Garton moved approval of Ordinance No. 90-17, Series of
1990 on second reading with the additional sentence. The motion
was seconded by Councilwoman McRory.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor entertained a roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Gloria McRory, Jim Stovall and Jerry Davis. Councilman Bennett voted
nay. The motion carried with Councilman Bennett opposing.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #17. The
motion was seconded by Councilman Stovall and was unanimously carried.
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Councilwoman McRory moved approval of'the General Fund of Accounts
Payable for November 13, 1990. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory.moved approval of the Reconciliation Shset of
Accounts Payable for November 13, 1990. The motion-was seconded by
Councilman Stovall and was unanimously carried.-
Councilwoman McRory moved approval of the October 23, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilman'
Stovall and was unanimously carried.
MayorAllan Nottingham then proceeded to give his farewell comments
to the Council and the public.
There being no further :business to-come before-the-Council, Councilman
Gar-ton moved to.adjourn. ,The.niotion was seconded by.Councilman
Reynolds. The meeting was adjourned by Mayor Nottingham at 8:25]j.m.
The Council then proceeded with the introduction of the newly
elected Councilmembers.
SP FULL T D
Q! Do T wn Clerk
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The newly elected Councilmembers were introduced to the public.
They were: Gloria McRory, Jerry Davis, David Garton and Tom Ptach.
Gloria McRory was nominated as Temporary Chairman.
The Council then voted for Mayor and Mayor Pro Tem.
Jerry Davis was appointed as Mayor and, Jim Stovall was appointed as
Mayor Pro Tem.
The new Council then took their appropriate seats.
Mayor Davis called for Citizen Input.
There being no one wishing to be heard, the Mayor closed that portion
of the agenda.
First reading of Ordinance No. 90-18, Series of 1990, AN ORDINANCE
AMENDING THE WILDRIDGE SPA PLAN BY THE TRANSFER OF ONE RESIDENTIAL
DEVELOPMENT RIGHT FROM LOT 87, BLOCK 1, WILDRIDGE SUBDIVISION,
2431 OLD TRAIL ROAD TO, LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION,
2485 OLD TRAIL ROAD, AND BY AMENDING THE LAND USE OF LOT 89, BLOCK 1,
WILDRIDGE SUBDIVISION FROM MULTIPLE FAMILY USE TO THREE DUPLEX LOTS.
Rick Pylman reviewed the ordinance with the Council. He stated that
June of this year, Ken Sortland received approval from the Town for
a project in Wildridge. The project consisted of six units in three
buildings on one multi-family lot. Mr. Sortland received a SPA
Amendment, a Special Review Use and a Fractionalization approval
in order to allow the development of "Deer Ridge".
Mr. Sortland was informed later, by the lending community that his
project, as a townhouse project, would create difficulty for
prospective purchasers to secure permanent financing.
Mr. Pylman stated that in order to avoid this problem, Mr. Sortland
was requesting to change the existing multi-family lot to three
duplex lots. To achieve this request, Mr. Sortland needed a SPA
Amendment and a Special Review Use.
This Ordinance No. 90-18, and Resolution No. 90-52 would allow such
approval.
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Discussion followed.
Councilman Bennett moved approval of Ordinance No. 90-18, Series of
1990 on first reading with an addition to the Ordinance, which would
read, "Any proposed change to the built environment of Deer Ridge,
including building color, fencing and landscaping be reviewed by the
Planning and Zoning Commission with careful attention paid to the
compatibility of the whole projects". The motion was seconded by
Councilman Stovall.
There being no further discussion, The Mayor called for a roll call.
Those Councilmembers voting aye were David Garton, Albert Reynolds,
Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach. There were
no nay votes. The motion was unanimously carried.
Councilman Bennett moved approval of Resolution No. 90-52, Series of
1990, A RESOLUTION GRANTING A DENSITY TRANSFER OF ONE RESIDENTIAL
DEVELOPMENT RIGHT FROM LOT 87, BLOCK 1,WILDRIDGE SUBDIVISION TO,
LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION. The motion was seconded by
Councilman Garton and was unanimously carried.
Resolution No. 90-51, Series of 1990, A RESOLUTION IN APPRECIATION
OF ALLAN R. NOTTINGHAM'S SERVICES.
Mayor Davis read the resolution in its entirety.
Councilman Reynolds moved approval of Resolution NO. 90-51, Series of
1990. The motion was seconded by Councilman Garton and was unanimously
carried.
Resolution NO. 90-50, Series of 1990, A RESOLUTION EXPRESSING
APPRECIATION FOR THE SERVICES OF THOSE CITIZENS WHO HAVE SERVED
AS JUDGES AND CLERKS AT THE MUNICIPAL ELECTION ON NOVEMBER 6, 1990,
AND AUTHORIZING PAYMENT FOR THEIR SERVICES.
Councilman Reynolds moved approval of Resolution No. 90-50, Series of
1990. The motion was seconded by Councilman Ptach and was unanimously
carried.
Next on the agenda was discussion of an agreement with the County of
Eagle and the Town of Avon in respect to Dog Control.
Larry Brooks reviewed the draft agreement with the Council.
Discussion followed.
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Mr. Brooks stated that if it was the desire of the Council, he would
come back with a draft of an ordinance in respect to the Dog Control
issue.
The Council agreed.
Next on the agenda was discussion of the Mall Sidewalk (Out-Lot 3).
Mr. Brooks stated that the restoration of this sidewalk was difficult
to provide a cost estimate for. However, based on the excavation,
drainage and restoration costs they had experienced in other areas
of the mall, a cost of $12.00 per square foot was realistic. The
project would therefore be: App6oximately 5,000 square feet x
$12.00 which would come to $60,000. The Town of Avon's portion of that
fee would be 25%. The Council directed Mr. Brooks to meet with the
Mall Committee to discuss this issue.
Next on the agenda was discussion of the State of Colorado Trail
Construction Grants.(See attached to these minutes).
The Council directed Mr. Brooks to look into these grants.
Mayor Davis suggested that a letter be written at Council level.
Councilwoman McRory agreed that this be purused.
Mr. James stated that there was a meeting scheduled with the County
Commissioners, Thursday, November 15, 1990 at 2:30 p.m. in respect
to funding for the Transportation System.
Mr. James stated that staff had filed for Abatement for the Wildridge
lots with the County. Cost would be now between $29,000 to $30,000.
Mayor Davis stated that he would put a list of committees together, and
then Council could request the committees that they would like to
be involved in.
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There being no further business to come before the Council,' Councilwoman
McRory moved to adjourn. The motion was seconded by Councilman
Stovall. The meeting was adjourned by Mayor Davis at 10:05-p.m.
RESPEC- FULLY SUBMITTED:
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EAGLE COUNTY
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE IMPLEMENTATION OF AN
"E911" TELEPHONE SERVICE
This Intergovernmental Agreement for "E911" Telephone Service ("Agreement") is
made this day of , 1990, by and between the following parties
(hereafter referred to collectively as "Parties"):
1. Board of County Commissioners, County of Eagle, State of Colorado ("Board
of County Commissioners");
2. The Town of Avon, a municipal corporation ("Avon");
3. The Town of Eagle, a municipal corporation ("Eagle");
4. The Town of Gypsum, a municipal corporation ("Gypsum");
5. The Town of Mintum, a municipal corporation ("Minturn");
6. The Town of Red Cliff, a municipal corporation ("Red Cliff");
7. The Town of Vail, a municipal corporation ("Vail");
8. The Eagle County Emergency Services Hospital District (a/k/a Eagle County
Ambulance Service), a quasi-municipal corporation ("ECESHD");
9. The Greater Eagle Fire Protection District, a quasi-municipal corporation
("EFPD");
10. The Gypsum Fire Protection District, a quasi-municipal corporation ("GFPD");
and
11. Western Eagle County Ambulance District, a quasi-municipal corporation
("WECAD").
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes
(hereinafter the "Act") the Parties hereto are delegated the power to enter into inter-
governmental agreements of this type for the purpose of providing emergency telephone
service; and
WHEREAS, the Act encourages and authorizes agreements of this nature; and
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WHEREAS, it would serve the public welfare and be in the best interest of the
Parties to participate in the organization, administration and common use of a central
emergency telephone service authority; and
WHEREAS, the Parties desire to enter into this Agreement for the following
purposes: (1) to establish a separate legal entity to be known as the "Emergency
Telephone Service Authority" which shall be responsible for administering the operation of
the emergency telephone service program; and (2) to define the manner in which each of
the Parties will participate in the Emergency Telephone Service Authority; and
WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
Parties agree as follows:
1. DEFINITIONS
The definitions for the terms "emergency telephone charge", "emergency telephone
service", "equipment supplier", "exchange access facilities", "governing body", "person",
"public agency", "service supplier", "service user" and "tariff rates" as used in this Agreement
shall be the same as the definitions set forth in the Act.
II. GENERAL PROVISIONS
2.1 Pursuant to the Act, the Parties hereby establish a separate legal entity to be
- known as the "Emergency Telephone Service Authority" (hereinafter referred to as the
r "Authority"} which shall be responsible for administering the operation of the emergency
telephone service program as set forth herein.
2.2 The Parties agree that, contemporaneously herewith, they will, by resolution
or ordinance, constitute, authorize and empower the Authority, as a separate entity with full
powers to enter into contracts, to sue, and otherwise do all things necessary to carry out
the duties delegated herein.
2.3 The area to which emergency telephone services shall be supplied and the
area within which service users shall be surcharged, all as provided herein, shall be Eagle
County as that jurisdiction is defined by Colorado law.
Ill. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
3.1 The Board of Directors of the Authority ("Authority Board") shall consist of five
(5) members who shall be appointed by, and serve at the pleasure of, the Board of County
Commissioners. Two members shall be appointed from east of Wolcott, two members from
west of Wolcott, and one members shall be appointed "at large." At such time as the
Basalt/El Jebel area join into the Eagle county E911 system, the fifth member of the
Authority Board shall be appointed from that area.
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3.2 The Board of County Commissioners shall appoint a President and Secretary
of the Authority Board from among the members of the Authority Board.
3.3 The initial terms of two directors shall be three years each, two directors shall
be for terms of two years each, and the fifth director shall be appointed for a term of one
year. In the initial appointments, the Board of County Commissioners shall designate the
length of the respective terms of each member. Thereafter, the terms of all members shall
be two years. All directors are eligible for reappointment.
3.4 The Board of County Commissioners may remove a director from office for
cause at any time. Alternate members may be appointed to serve as a member of the
Authority Board in the absence of any member in the manner as set forth herein.
IV. RULES AND REGULATIONS
The Authority Board may adopt bylaws and/or supplementary rules and regulations
as it deems necessary, provided that said bylaws and/or supplementary rules and
regulations are in compliance with the Act, this Agreement and Colorado law.
V. POWERS OF THE AUTHORITY
The Authority shall be empowered and authorized to:
5.1 Contract for the installation and operation of an emergency telephone service.
5.2 Pay for such equipment, software, installation of equipment and software, and
related services by way of lease, purchase or lease-purchase.
5.3 Collect an emergency telephone charge as provided by the Act in an amount
not to exceed seventy cents ($.70) per month in those portions of the service area for which
emergency telephone service is to be provided.
5.4 The Authority's funds shall be spent solely to pay for (whether by lease,
purchase, or lease-purchase) direct and incidental costs associated with the acquisition of
equipment and software, and the installation thereof, as well as the direct and incidental
costs of operating an emergency telephone service, including the monthly recurring charges
billed by the service supplier, and for such other expenses reasonably necessary to enable
the Authority to discharge its duties hereunder.
5.5 In addition, the Authority may do any other act as may be necessary for the
provision of emergency telephone service, including, but not limited to, contracting with
equipment vendors and service suppliers for the purpose of obtaining the benefit of
technological developments which the Authority deems necessary to improve or enhance
the quality and efficiency of service to be provided hereunder.
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5.6 No act or course of action shall be undertaken by the Authority or in the
name of the Authority unless the same is first duly authorized by a majority vote of the
Authority Board at any meeting, upon due notice first given, at which a quorum is present
of a majority of the members of the Authority Board then holding office, or as permitted by
law.
VI. BUDGET AND OPERATING COSTS
6.1 The Authority shall adopt an annual budget for the costs of equipment,
operation and maintenance of providing emergency telephone service. The budget shall be
submitted to the Board of County Commissioners for review and approval.
6.2 Unless agreed to by a majority of the Parties or as provided in paragraph 63
herein, the annual budget of the Authority for administrative expenses shall not exceed Two
Thousand Dollars ($2,000), plus the costs of an annual audit and insurance.
6.3 Each year in which the Authority believes funds for administrative costs in
excess of $2000 are necessary, it shall prepare and submit a budget request to the Board
of County Commissioners by July 15 of the year prior to when the funds are necessary.
The Board of County Commissioners shall consider funding the budget request in the
County's annual appropriation.
VII. FUNDS AND OPERATIONS
7.1 The uniform charge per exchange access facility shall be collected by the
= service supplier and delivered to the Authority. - The Parties hereto shall have no obligation
to collect this uniform charge.
7.2 The funds of the Authority shall be maintained in one or more accounts in
accordance with Colorado law and shall not be commingled with the funds of any of the
Panties. Any funds remaining in the accounts at year end shall be carried over to the next
succeeding year.
7.3 The Authority's funds shall be used for the purposes set forth herein including,
but not limited to, the payment of administrative, operating and maintenance costs, and
amounts due to any lender or lessor for any sums advanced, plus interest or other charges.
No disbursement shall be made from the funds of the Authority except by check and unless
a bill for goods or services actually rendered or delivered has been first submitted and
approved for payment by the Authority, said approval being evidenced by a writing signed
by the President and Secretary of the Authority Board.
7.4 Except for any loan, lease or contract expressly approved by the Board of
County Commissioners, the Authority shall not borrow money, enter into any lease
agreement or execute any contract having a price or value in excess of $10,000. Further,
the Authority shall not approve any claims or incur any obligations for expenditures unless
there is sufficient unencumbered cash, credited to the Authority, with which to pay the same.
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7.5 The Authority may invest its funds only in accordance with any applicable laws
of the State of Colorado governing the investment of public funds.
7.6 No Party to this Agreement shall have any liability to pay for any debt or other
obligation incurred by the Authority unless there is a specific undertaking by each party to
do so, accompanied by an appropriation approved with the requisite formalities.
7.7 Nothing herein prevents the Authority from returning any surplus operating
revenues provided by the Parties hereto for the operation of this emergency telephone
service to the respective Parties hereto in the same proportion that said Parties originally
contributed funds for operation pursuant to paragraph 7.6 hereof.
VIII. BOOKS AND RECORDS
8.1 The Authority shall maintain adequate and correct accounts of its funds,
properties and business transactions, which accounts shall be open to inspection at any
reasonable time by the Parties hereto, their accountants or their agents, as well as the
general public. The Authority shall cause to be conducted an annual audit, which audit
shall be conducted by an independent certified public accountant licensed by the State of
Colorado. The Authority shall file a copy of said audit with each of the Parties.
8.2 A written record of all proceedings of the Authority Board as well as of action
taken shall be maintained and such records shall be open to inspection at all reasonable
times.
8.3 Within ninety days after the end of each calendar year, the Authority shall
= prepare and present to the Parties a comprehensive annual report of the Authority's
activities and finances during the preceding year.
8.4 The Authority shall also prepare and present such reports as may be required
by law, regulation or contract to any governmental agency.
8.5 The Authority shall also render to the Parties hereto, at reasonable intervals,
such reports and accounting as the Parties hereto may from time to time request.
IX TERMINATION OF AGREEMENT
9.1 This Agreement shall be in full force and effect upon the execution of the
Agreement by the Parties in accordance with paragraph 12.2 hereof, and shall continue in
full force and effect, subject to amendments, until terminated by a majority of the then
Parties.
9.2 Any Party's participation in this Agreement may be terminated by written
notice from such Party to the Authority Board at least 180 days prior to January 1 of any
given year. Termination of any Party's participation in this Agreement shall terminate all
unaccrued obligations of the terminating party unless such Party has agreed to be liable for
a debt of the Authority pursuant to the provisions of paragraph 7.6 herein.
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9.3 Upon termination by a majority of the Parties to this Agreement, the powers
granted to the Authority under this Agreement shall continue to the extent necessary to
make an effective disposition of the Authority and its property, duties and obligations.
9.4 Upon termination of this Agreement, the property of the Authority shall be
transferred to the County of Eagle, State of Colorado.
X. AMENDMENT
10.1 This Agreement may be amended by a majority of the then Parties from time
to time, in writing and executed by those Parties.
10.2 Additional Parties may be added to this Agreement at any time upon delivery
of an appropriate resolution or ordinance directing same, and upon execution of this
Agreement and any amendment in existence at the time.
Xl. LIABILITY OF AUTHORITY BOARD, AND ITS OFFICERS AND
EMPLOYEES; INSURANCE
11.1 The members of the Authority Board and its officers and employees shall not
be personally liable for any acts performed or omitted in good faith during the scope of their
duties pursuant to this Agreement.
11.2 The Authority shall obtain insurance for the members of the Authority Board
and the Authority against claims which may be brought against them.
11.3 The Authority may obtain a bond or other security to guarantee the faithful
performance of the duties of the members of the Authority Board.
XII. MISCELLANEOUS
12. In case any one or more of the provisions contained in this Agreement shall
be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or
unenforcibility shall not affect the other provisions hereof, and this Agreement shall be
construed as if such invalid,, illegal or unenforceable provision had never been a part hereof.
12.2 This Agreement may be executed in counterparts. Execution of this
Agreement by fewer than all parties shall cause the Agreement to be effective between
those parties.
12.3 Notice hereunder shall be given by United States mail to the address of the
entity as set forth herein, said notice being deemed received three days after mailing.
114 This Agreement shall be construed pursuant to Colorado law.
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IN WITNESS WHEREOF, the Parties hereto have caused their respective names and
seals to be affixed hereto, as of the day and year herein above set forth.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: By:
Clerk to the Board of Donald H. Welch, Chairman
County Commissioners
P.O. Box 850
Eagle. CO 81631
ATTEST: TOWN OF AVON
BY: By:
Clerk Mayor
P.O. Box 975
Avon. CO 81620
ATTEST. TOWN OF EAGLE
BY: By:
Clerk Mayor
P.O. Box 609
Eagle. CO 81631
ATTEST:
TOWN OF GYPSUM
BY: By:
Clerk Mayor
P.O. Box 237
Gypsum. CO 81637
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ATTEST:
U
TOWN OF MINTURN
BY: ' By:
Clerk
ATTEST:
P.O. Box 309
Minturn, CO 81645
TOWN OF RED CLIFF
Mayor
BY: By:
Clerk
ATTEST:
P.O. Box 109
Red Cliff, CO 81649
TOWN OF VAIL
Mayor
BY: By:
Clerk Mayor
75 S. Frontage Road West
Vail. CO 81658
EAGLE COUNTY EMERGENCY SERVICES
HOSPITAL DISTRICT
ATTEST:
BY: By:
Chairman
P.O. Box 1637
Vail, CO 81658
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GREATER EAGLE FIRE PROTECTION
ATTEST: DISTRICT
BY: By:
Chairman
P.O. Box 666
Eagle, CO 81631
ATTEST:
BY:
GYPSUM FIRE PROTECTION DISTRICT
By:
Chairman
P.O. Box 243
Gyosum. CO 81637
ATTEST:
WESTERN EAGLE COUNTY AMBULANCE
DISTRICT
BY:
By:
Chairman
P.O. Box 1077
Eagle. CO 81631
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