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TC Minutes 03-13-1984MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MARCH 13, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon 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 7:43 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were: Town Attorney John Dunn, Acting Town Manager Bill James, Planning Director Jim Lamont, Director of Public Works Norm Wood, 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. The Mayor opened the meeting for public hearing for the citizens in regard to County Law Enforcement Services. The Mayor stated that the Council received a proposal from Sheriff A.J. Johnson as an alternative to explore to try and solve the problems that have occured in the police department from time to time. Acting Town Manager Bill James approached the Council. Mr. James outlined and reviewed with the public the proposal that was submitted by Sheriff Johnson. (See Eagle County Sheriff's proposal for Law Enforcement Services dated March 9, 1984.) The Mayor then called for public input on this matter. Rick Cuny, owner of two retail businesses in Avon and a resident of Avon approached the Council. He stated he had experienced owning and operating a business in Avon under the Eagle County Sheriff's protection and then changing over to the Avon Police Department. He stated that when Avon had gotten their own police department, it had vastly improved in areas of response time and especially running down bad checks. He stated that the Avon officers have done an excellent job in serving Avon. Mr. Cuny stated that he was in favor of keeping the Avon Police Department, that the police department problems can be solved and the savings of going with the County would not be worth it. Rick Cram, a businessman in Avon approached the Council. Mr. Cram stated he felt the high visibility of our own police department has really been a deterrent to crime in the area. He stated that getting to personally know the officers is a great asset. He felt that our own police department would be much better. Rick Miller, a businessman in Avon. He stated that the one item that concerned him was the contract and wanted to know what the length of the contract would be and what ramifications by the Sheriff being an elected official in the County once he is either re-elected or not elected, what impact that would have on the contract that has been let by the Town to the County. Sheriff Johnson responded and stated that formulating any contract -1- • • with a Town has to be approved by the County Commissioners, but if he were to go out of office the contract would have to be honored. Sheriff Johnson stated that the presently employed Avon officers would have first priority as far as hiring as long as they could go through the testing process. Ken Sortland, resident and businessman in Avon, stated he had the privilege of starting the police department in Avon and stated he was frankly disappointed that the public hearing was even taking place on this matter. Mr. Sortland stated he thought the goal of the Town was to have a first rate Town. He felt the image of the Town would be that Avon would be going backwards if they were to contract with the Eagle County Sheriff's Department. He stated that in the long run Avon would need their own police department anyway. Greg Kraft, resident of Avon. Mr. Kraft felt that having a close relationship with the police department and knowing the officers on a personal bases is important. Mr. Kraft stated as a resort Town, it is necessary for Avon to have its own police department. Clint Watkins, an Avon businessman, agreed with all the comments that were presented and felt that the public relations aspect of having a police department is important to the area. He felt that the idea of contracting with the County Sheriff's Department would be wrong. Tom Landauer, owner of two businesses in Avon, stated that all the points brought out were perfect. He stated the Town needs its own police department, that the citizens need the response time where the Sheriff could not give with only one man on duty from Dowd Junction to Edwards. Al Alpi, Avon resident, asked the Council where the Town's pride was. He stated that Avon incorporated in 1978 and one of the main things was to strive to build an identity and he felt that the Avon Police Department was part of that identity. He felt that it would be a mistake to disband the Avon Police Department. A.J. Johnson approached the Council. He stated that he was present to hear the citizens input on this matter. He stated he had no feelings about it, that he offered a very fair and impartial service and stated that there were some misunderstandings as far as the service level was concerned. He stated that Avon should stay with their own department. He stated that if he did not have 100% support behind him, the service would not work and if it did not work he would not want to be a part of it. He state he appreciated the time and whatever decision the Council decided upon, he would honor. He sL':c}c~ he would be around to provide some service anyway. The Mayor expressed his personal thanks to Sheriff Johnson for all the time that was spent on the proposal. The Mayor stated that it appeared from the input that the Town should proceed with their own police department. He stated that the first thing would be to hire a Chief and then move forward. Councilman Wells stated he agreed with the Mayor. He stated he was particularly interested in what the public had to say. Mr. Wells stated he could have gone either way, contracting with the Sheriff's Department or retaining the Avon Police Department. He stated the Town should move on, find a police chief and then build the department the way it should be built. Mr. Wells thanked Sheriff Johnson for his time and effort and hoped -2- • 0 that Sheriff Johnson had realized that he had helped the Council make a very important decision. The Mayor directed the Acting Town Manager to move on with the hiring of a Police Chief. Second reading of Ordinance N0.#84-2, Series of 1984, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE PERSONNEL MERIT COMMISSION AND PROVIDING FOR ALTERNATE MEMBERS OF SAID COMMISSION. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#84-2, Series of 1984 on second reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#84-3, Series of 1984, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE MAYOR PRO-TEM AND PROVIDING THAT THE POWERS AND DUTIES OF THE MAYOR PRO-TEM SHALL BE THE SAME AS THE POWERS AND DUTIES OF THE MAYOR. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Don Buick moved approval of Ordinance No.#84-3, Series of 1984 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Next item on the agenda was unfinished business. The final plat was before the Council for consideration for Goshawk Townhouses, Lot #10, Block #5, Wildridge Subdivision. Norm Wood stated that the plat and declarations for the Goshawk Town- houses project was submitted that afternoon for review. He stated that the developer was requesting approval of the plat subject to review by the staff and the Town Attorney so that they could proceed with the closing on the units. Mr. Wood stated the plat has been through the preliminary plat process and has been approved through the public hearing. After discussion A.J. Wells moved approval of the final plat of Goshawk Townhouses plat, Lot #10, Block #5, Wildridge Subdivision subject to the satisfactory review by staff of that plat and disposition of any problem areas. Councilman Buick stated that in the future the staff and legal personnel would review the plat before it comes to the Council so that the Council would not be approving projects subject to conditions. The motion was unanimously carried by the Councilmembers. -3- • • Resolution No.#84-10, Series of 1984, a resolution in appreciation of the gold and banner sponsors for their contribution to the Avon Town Cup Race. The Resolution was read in its entirety. Al Connell moved approval of Resolution No.#84-10. The motion was seconded by Greg Gage and was unanimously carried. Next on the agenda was authorization to award the design contract to Yoder Engineers as a consultant and advisor. Norm Wood stated that this was a proposal for the design of the mechanical system, heat and air circulation system, for the upstairs improvements and also to correct some problems in the existing system. He stated the proposal is limited to a maximum fee of $1,500. Mr. wood recommended that Council authorize the signing of the contract so as to proceed with the design. The Town Attorney stated he had concern in regard to the "Section D-Liability." He felt after reviewing the contract that Section D could impose liability on the Town. After discussion it was agreed after the word "owner" delete, "and to all construction contractors and subcontractors on the project". Also in the same paragraph after "$50,000", delete, "or the design professionals, total fee for services rendered on this project which ever is greater". A.J. Wells moved to authorize the Mayor to sign the contract with Yoder Engineers with the deletion of the language in paragraph D that was discussed above. The motion was seconded by Sheila Davis and was unanimously carried. The Town Attorney reported on Lots #20,21. He stated that there was no objections filed in the Commissioners report. Mr. Dunn stated he has filed a motion for public sale, which was now before the court. He stated as soon as the order was entered he would arrange for public sale. A five week notice is required. He stated that at some point he would discuss with the Council the approach they should take in regard to the public sale. Resolution No.#84-11, Series of 1984, A RESOLUTION FOR AN INTERGOVERNMENTAL ENTITY TO PROVIDE FOR A WATER TREATMENT PLANT. It was stated that Berry Creek Metro District was left out of the resolution and should be included. The Resolution states that the Council supports the formation of the intergovernmental authority for the purpose of a regional water treatment and the construction of a water facility on a portion of Tract G and P, Benchmark Subdivision and also the Council finds and determines it would be in the best -4- • • interest of the Town to lease that portion of Tract G in connection of constructing such a facility. Be it noted that Mayor Nottingham abstained from any discussion. After discussion Al Connell moved approval of Resolution No.#84-11 to include Berry Creek Metro District into the resolution. The motion was seconded by Don Buick and was carried with Allan Nottingham and A.J. Wells abstaining. The Town Attorney prepared a letter by A.J. Johnson. Councilmembers. stated that at the Council's request, he had reviewing the proposed agreement that was submitted A copy of the letter will be distributed to the The Acting Town Manager reported on the proposed budget for the Comprehensive Master Plan. He stated it was reviewed at the Council Work Session that afternoon. The memo was originally prepared on some additional expenses such as maps, printing, graphics, model for layout, five-year financial plan funding capital projects. He stated that the funds would be approximately $5,000 short. However, there was an offer from Boettcher and Company to fund a portion of the five-year plan and funding alternatives to be provided by Stan Bernstein. He stated that Linda Clark was willing to pay half the cost of Mr. Bernstein's services of $10,000. Mr. James stated that he needs authorization to use the model that was provided by Benchmark, to make some modifications to it and also authorization for services of Stan Bernstein, Inc. It was stated that approximately $2,000 would be needed to update the model for layout. After discussion it was suggested to come back to the Council with better estimates for the modifications of the model. Sheila Davis moved to authorize the Acting Town Manager to hire Stanley Bernstein for the Comprehensive Plan. The motion was seconded by Larry Kumpost and was unanimously carried. The Acting Town Manager reported on the summer bus use to transport people around the Vail Valley who are staying in Avon for conferences, soccer camp and the Golf Tournament to be held at Berry Creek. After discussion Sheila Davis moved to direct staff to establish specific policies and budget estimates for providing bus service and that this matter be reviewed at the March 27th Council Meeting. The motion was seconded by A.J. Wells and was unanimously carried. The window coverings for the Council Chamber windows were discussed. Mr. James stated when the Personnel Merit Commission began holding the hearings they were looking for a more private area or room to hold the -5- • 0 hearings. They felt that with the room to open and people walking by would be distracting. Also the Council executive sessions, it would be closed off to all the public. He stated staff has checked into the cost of the window coverings. The cost would be approximately $350. Councilman Connell felt it was money not well spent. Councilman Buick agreed. Councilwoman Davis stated she felt with the hearings going on now it needs to be private. After discussion A.J. Wells moved to authorize staff to put in the window coverings. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: None Those Councilmembers voting nay were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. The motion was defeated by 7-0. The Acting Town Manager stated that there was a memorandum in regard to three Planning and Zoning Commission Members terms that will be expiring on May 1, 1984. Councilman Connell suggested that the Council extend the terms of the P & Z members until after the election because the new Council may make a big difference in those who are appointed. It was suggested to.check with the Town Attorney on this matter. The Mayor stated he had a request from the Rocky Mountain Poison Center that the Council pass a proclamation making March 18-24, 1984 as Poison Prevention Week. The Mayor read the proclamation in its entirety. Don Buick moved to authorize the Mayor to sign the Proclamation. The motion was seconded by Al Connell and was unanimously carried. It was suggested to send a signed copy of the proclamation to Ms. Kathleen M. Wruk, Rocky Mountain Poison Center. Councilman Gage informed the Council that he presented the check of $3,500 to the Chamber of Commerce on March 8th and explained to the Chamber that it was the intention of the Town Council to help the Chamber with hiring a Marketing Director and that the Town Council would continue to support the Chamber for a period of ninety days in an amount not to exceed $10,500 unless the Chamber could prove to the Town that they had come up with a Marketing and Advertising program. After discussion A.J. Wells moved to appoint Bill James as the Town's official representative to the Chamber of Commerce. The motion was seconded by Larry Kumpost and was unanimously carried. -6- 0 0 The Financial Matters were next presented to the Council. Don Buick moved to receive items #1 through #10. The motion was seconded by Al Connell and was unanimously carried. Sheila Davis moved approval of the General Fund Accounts Payable of March 13, 1984. The motion was seconded by Al Connell and was unanimously carried. Larry Kumpost moved approval of the Mall Maintenance Fund, The Lift Fund, Transit Fund and the Capital Projects Fund Accounts Payable of March 13, 1984. The motion was seconded by Sheila Davis and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable of March 13, 1984. The motion was seconded by Greg Gage and was unanimously carried. The minutes of the February 28th, 1984 Council Meeting was next presented to the Council. Al Connell moved approval of the minutes for the February 28th meeting. The motion was seconded by Larry Kumpost and was unanimously carried. Councilman Gage was concerned about the cleaning up of the cinders on the Town Streets. It was suggested that the Town possibly rent a street cleaner. Mr. Sunday stated he would present the alternatives on this matter at the next regular meeting. Councilman Wells suggested the possibility of restriping West Beaver Creek Boulevard and to try to do away with the double striping on that road. The Mayor suggested to possibly narrow the lanes from 12 feet to 11 feet to give the pedestrians more room on the south side of the road. It was suggested to seal coat the road. After discussion, Mr. Wood stated he would have an estimate cost on this matter at the next regular meeting. -7- There being no further business to c Davis moved to adjourn. The motion meeting was adjourned by Mayor Allan r- -I L- J ome before the Council Sheila was seconded by Al Connell. The Nottingham at 9:25 p.m. -8-