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TC Minutes 03-12-1991MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL !-'HELD"MARCH 12;1 1991 - 7:30 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 Jerry Davis at 7:34 p.m. A roll call was taken with David Garton, Albert Reynolds, Gloria McRory, Jim Stovall-and Tom Ptach present. Councilman Mike Bennett was absent. Also.present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Flood, Director of Community Development,Rick Pylman, Fire Chief Charlie Moore, Police Chief Art Dalton,,Director of Municipal Services Larry. Brooks, Planner Jim Curnutte,.Town Clerk Patricia J. Doyle, 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 that portion of the agenda. Second reading of Ordinance No. 91-1, Series of 1991, AN ORDINANCE AMENDING CHAPTER 6.04 AND CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE TOWN OF, AVON, RELATING TO DOG CONTROL AND PUBLIC NUISANCES. Bill James stated that they had made some changes to the Town's dog ordinance which re-defined the definition of "Control". It* previously-read that, "a dog had to be on a leash, rope or chain of no longer that 12 feet in length". Wordage was added, "or by-voice or electronic control which would be by a person physically present. He stated that he had sent a copy of the ordinance to Jim Fritze for his comments, but as yet_. had not heard from him. The Mayor opend the meeting for public hearing. There being no one wishing, to be heard, the Mayor closed the public hearing. The Mayor called for discussion by the Council. It was stated that if the County did not agree with the changes to the- Avon ordinances, that Avon would go ahead and do its own dog enforcement program. • • Councilwoman McRory moved approval of Ordinance No. 91-1, Series of 1991 on second reading. The motion was seconded by Councilman Reynolds. The Mayor called for a roll call. Those Councilmembers voting aye were David Garton, Albert Reynolds, Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 91-2, Series of 1991, AN ORDINANCE AMENDING CHAPTER 14.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO COMPLIANCE WITH PARKING RESTRICTIONS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. AT the last meeting, a resident had appeared before the Council asking the Council to consider some provisions that would allow on-street parking in residential areas. Basically there was no provision for parking on Avon streets. It was requested that during certain times of the year (parties, etc.) that there be a way to allow for on-street parking. Mr. James stated that the Town Attorney had prepared an ordinance to allow on-street parking at least 24 hours notice given to the police department, the police department in return would give written permission to the owner of the property to park on-street which would not exceed six hours. Also, there were administrative provisions on a form that information that would not allow on-street parking between the hours of 2:00 a.m. and 6:00 a.m. Councilwoman McRory moved approval of Ordinance No. 90-2, Series of 1991 on first reading. The motion was seconded by Councilman Reynolds. A roll call was taken with David Garton, Albert Reynolds, Gloria McRory, Jim Stovall and Tom Ptach voting aye. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 91-3, Series of 1991, AN ORDINANCE CONCERNING A HOUSING REVENUE BOND OF THE TOWN OF AVON, COLORADO (THE "TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN"S HOUSING REVENUE BOND IN THE PRINCIPAL AMOUNT OF $1,146,000 FOR THE PURPOSES OF DEFRAYING THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF AFFORDABLE HOUSING WITHIN THE TOWN; PROVIDING DETAILS CONCERNING THE BOND, ITS FORM, ITS SALE, AND FUNDS RELATING THERETO; PROVIDING FOR THE ALLOCATION OF FUNDS TO PAY THE PRINCIPAL OF AND INTEREST ON THE BOND; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BOND; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. -2- • • Bill James stated that Ordinance No. 91-3 provided the legal documentation for financing the 17 units in Wildridge in the amount of $1,146,000. The documents have been prepared by Sherman and Howard, Bond Counsel. He stated that Exhibit C outlined post-closing conditions to disburse from the construction fund. Mr. James stated that other conditions were: a. The amount of $1,146,000 and the interest rate was 8 1/2% and the term was March of 1992. He stated that closing would probably occur between April lst and May 1st of 1991. After second reading occured there would then be a 30 day referendum period. Councilman Reynolds moved approval of Ordinance No. 91-3, Series of 1991 on first reading. The motion was seconded by Councilman Stovall. The Mayor called for discussion from the Council. Councilwoman McRory had a concern of item 9 of Exhibit C (Receipt by the Town of a primary and secondary purchse commitment for each housing unit from qualified buyers, together with cash deposits as required by the Town"). Mr. James stated that this paragraph meant that these would have to be 34 qualified buyers before construction could begin. As far as re-sale that was dealth with in the Deed Restrictions. The Mayor called for a roll call. Those Councilmembers voting aye were David Garton, Albert Reynolds, Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes. The motion was unanimously carried. Resolution No. 91-5, Series of 1991, A RESOLUTION TO AMEND THE 1991 TOWN OF AVON BUDGET. A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1991 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1991, AND, ENDING ON THE LAST DAY OF DECEMBER, 1991. At the last meeting the Town Council authorized a contribution to the Vail Resort Association of $5,000 for their major move, provided that the contribution be paid upon the completion of the move; that the space be provided for a period of 15 to 20 years; and that this be a one- time contribution. Councilman Ptach moved approval of Resolution 91-5, Series of 1991. The motion was seconded by Councilman Stovall and was unanimously carried. -3- • • Next on the agenda was an update report on air quality. Bill James stated that at the last meeting the Council requested that staff return with an update report on this matter. Mr. Roger Steen and Mr. Ray Merry were scheduled for this meeting to discuss the study that had been done. Mr. Steen did not arrive, but Mr. Merry was before the Council to answer any questions that they may have. Mr. James stated that staff's initial reaction to this issue was that further information was needed; that Wildridge should probably not have a ban; that if there was a problem in the Avon valley, that the Town ban future fireplaces and stoves; to set an incentive(dollars) program to encourage residents to convert from woodburning units to natural gas (Wildridge again might be the exception). Ray Merry, Environmental Health Officer for Eagle County, approached the Council. He then gave a presentation on what the County was doing in regard to the air quality situation. There were problems with dust, road dust, vehicle emmissions and wood stoves. He stated that there was nothing in the legislative authority to do anything about the pollution problem with the exception of wood stoves. He stated that the County felt there was an economic harm, that if the problem was ignored, and they allowed woodburning practices to continue at the growth rate, the valley would stand to loose economically as a resort tourist destination. Councilman Stovall stated that there were just certain times of the year, normally November through March that this problem existed. Discussion followed. Mr. Merry discussed the open hearth fireplaces and stated that they were the worst for woodburning pollution. Councilman Stovall stated that he appreciated what the County was doing, but felt there were alternatives to this problem. Councilman Ptach stated that the Council needed to set back to see if there was an answer, or alternative to this problem and to have staff continue to work on this issue. Further discussion followed. The Mayor thanked Mr. Merry for his comments. Next on the agenda was the Agreement between the Town of Avon and the Avon Metropolitan District (Avon Metro District). John Dunn stated that at the last meeting the Council was given a proposed Agreement in respect7to transferring water services over to the Town of Avon. He stated that he had a recommendation of one change to the Agreement. He stated that the Agreement provided an assignment of the interests and obligations of Avon Metro District under two Agreements; one Agreement was the service contract between Avon Metro and the Regional Water Authority; which needed to be assigned so the Town could be in the position of selling water; the second Agreement provided the assignment between the Avon Metro District and Eagle-Vail Metro District, which dealt with the maintenance of the lake. He stated that further reflection on this issue was that it probably did not need to happen, for two reasons; 1. That the proceeds of the Avon Metro Bond'Issue in December of -4- $350,000 would be used for lake maintenance. He stated that it would look like lake maintenance would remain an obligation of Avon Metro District. He stated that there was still the issue of the lake maintenance before the Court of Appeals, and until the Court of Appeals rendered a decision on the litigation of Avon Metro District and the Water Authority, it was not clear whose obligation it was to do the maintenance on.the lake. Mr.-Dunn stated.that,Bill James and himself felt that°they-'shotild keep Eagle-Vail out of:th s'particular Agreement. Mr:' James stated'°- thatif Council'was still considering taking over the water operations, the Town could use those water revenue resources to make,'; improvements .on, purchasing of land to do a 'Riverfront- Park. He stated 'that if ':the Council did" not_ have that motivation to look into. doing a,Riverfront Park, then the'Council maywant to reconsider the transfer of the water operations. He stated that if it was the desire. of the Council. to procee'd',- he 'then" recommended that the-Mayor be authorized to_;execute..the Agreement.- He stated that there'was also a resolution which was included along,with the Agreement which established .how those sources of funds could be utilized. Again, on priority basis, acquisition of property, improvment of water projects that the Town would be involved. The Mayor was concerned of Section "C" of the resolution which read, ."Purchase of capital aCSsests on any projects in which the Town is involved" The Mayor stated that having the money available for any project was a concern, not.so much for this Council, but future Councils, that the intent of the excess funds may get lost along the way. He stated that he would like to see the funds limited to what they could be.used for. When all the town projects were completed, then the funds should be used to reduce water rates. Councilman Ptach agreed- The Council discussed the lake maintenance and they were concerned of destroying the fish in the lake, and asked how important was it to clean"the-lake at this time, and, would it be better to wait another three years. Mr..James stated that the lake was built for Augmentation, which meant that there needed to be a certain amount of water storage in the lake. He stated that their intent was to clean the lake without disturbing the fish. Mr. Wood stated as far as water storage, they were loosing an acre foot of storage a year. He-stated it was down to about_ three acre feet cushion, which was getting tight. -5- i • The Mayor stated that if the lake needed to be cleaned; to do it in such a way as to maintain the quality of that facility as much as possible. Councilman Ptach moved approval to authorize the Mayor to execute the Agreement for the Assumption of Services for water operations to the Town of Avon from Avon Metro District which appropriate consideration be given to lake maintenance with the deletion of Eagle-Vail as discussed. The motion was seconded by Councilwoman McRory and was unanimously carried. The Mayor then read Resolution No. 91-6, Series of 1991 by title. A RESOLUTION ESTABLISHING AN ENVIRONMENTAL FUND, DETERMINING THE PURPOSES FOR WHICH EXPENDITURES MAY BE MADE FROM THE ENVIRONMENTAL FUND, AND DEFINING THE SOURCE OF REVENUE THEREFOR. Councilwoman McRory moved approval of Resolution NO.91-6, Series of 1991 with the deletion of Section C. The motion was seconded by Councilman Reynolds. Discussion followed. Councilman Ptach agreed that Section C should be deleted, because he felt the funds should be directed toward parks, recreation facilities and then any excess funds that were generated, if any, should go toward the reduction of water rates, or, at such time, have the Council re-visit the subject matter. The Mayor called for a vote on the motion. Councilmembers Reynolds and McRory voted aye. Councilmembers Garton, Stovall and Ptach opposed. The motion did not carry. It was requested that the Council re-look at the uses of those funds and return to the Council. The Recreation Special Events Personnel Requirements discussion was deferred until the next Council Meeting. -6- The Mayor reported that on April 12, 1991, the Northwest Colorado Council of Governments had scheduled a meeting at the Beaver Creek Lodge which was in regard to in-stream flows, water quality. He asked if any one wishing to attend this meeting to call the Town Clerk's office for the scheduled time. A CAST meeting was scheduled for April 4th through the 7th of 1991 in Breckenridge, Colorado. The Financial Matters were next'presented to the Council. Councilman Reynolds moved to receive items #1 through #13. The motion was seconded by Councilman Garton and was unanimously carried. Councilman Reynolds moved approval of the General Fund of Accounts Payable for March 12, 1991. The motion was seconded by Councilman Garton and was unanimously carried. Councilman Reynolds moved approval of the Reconciliation Sheet of Accounts Payable for March 12, 1991. The motion was seconded by Councilman Garton and was unanimously carried. Councilwoman McRory moved approval of the February 26, 1991 Council Meeting Minutes as presented. The motion was seconded by Councilman Ptach and was unanimously carried. Councilman Ptach had a concern with the thistle weeds that grow along the Avon roadway and in Wildridge, and asked if something could be done to control those weeds. The Town Manager requested that Council remain after the meeting to discuss the Grand-On-Avon Project and the Forest Service Land Exchange. -7- There being no further business to come McRory moved to adjourn. The motion was The meeting was adjourned by Mayor Davis 11 before the Council, Councilwoman seconded by Councilman Ptach. at 9:30 p.m. -8- APPROVED: