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TC Minutes 03-10-19870 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MARCH 10, 1987 - 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 Allan Nottingham at 7:55 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Planning Consultant Jim Lamont, 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. First reading of Ordinance No. 87-7, Series of 1987, AN ORDINANCE AMENDING SECTION 8.20.020 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO EMERGENCY RESPONSE AUTHORITY DESIGNATION. This ordinance would designate the Avon Police Department as the Emergency Response Authority instead of the Fire Department. Councilman Miller moved approval of Ordinance No. 87-7, Series of 1987, on first reading. The motion was seconded by Councilwoman Harrison. Councilman Miller stated that it was important to understand that the Sheriff's Department has drawn together the Emergency Response people within the County to include the National Guard and an assortment of fire departments, police departments, etc. These groups were in an attempt to follow some national guidelines, as far as, the Incident Command System goes. There being no further discussion, the Mayor called for a roll call. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry. Davis. There were no nay votes. The motion was unanimously carried. Councilman Miller moved to authorize the Mayor to sign the Mutual Aid Agreement for Hazardous Substance Response as presented. The motion was seconded by Councilman Connell and was unanimously carried. • 0 First reading of Ordinance No. 87-8, Series of 1987, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS OF THE TOWN OF AVON, COLORADO,.BY AUTHORIZING THE ISSUANCE OF THE TOWN'S GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES OF 1987, IN THE AGGREGATE PRINCIPLE AMOUNT $ ; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO THE EXTENT NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING DETAILS CONCERNING THE BONDS AND FUNDS APPERTAINING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Councilman Watkins moved to table Ordinance No. 87-8, Series of 1987 until the next regular Council Meeting as requested by the Town Manager. The motion was seconded by Councilman Miller and was unanimously carried. The Town Attorney report was next presented to the Council. Mr. Dunn stated that the Motion for Summary Judgement in connection with Avon Center, Special Improvement Assessment is set for Argument before Judge Jones on March 13, 1987. Mr. Dunn then reviewed the history of the litigation with the Council. He stated that, as far as, the Peregrine Project, there was a Foreclosure in process. He stated that he had Filed a Motion to restrain the sale which was set for April 15, 1987. He stated that the Argument was set before Judge Hart on March 30, 1987. Mr. Dunn stated he would have the sale postponed until all the other issues were resolved. He then reviewed the history of the litigation of the Avon Center with the Council. The Town Manager reported on House Bill 1039 - Highway Business Signs on I-70. This bill has been passed by legislation. This program is essentialy governed by Federal Regulations and there was no provisions for local review or approval. A copy of both current and proposed regulations will be sent to the Town. Also the Town would be informed of the public hearing date for the proposed regulations. The hearing would be held in Denver approximately in May or June of this year. After discussion, it was agreed that a letter be drafted and sent to Governor Romer indicating the Town's opposition to the House Bill. The Town Manager reported on the Bus Service for Christie Lodge. Mr. James stated that the Management Company submitted a $5,000 check to the Town, leaving a balance of $35,000 unpaid. He stated that if the Town discontinues bus service, in all probability, the Town would receive notice of a law suit. He stated that there were a couple of options that the Town had, and that was to, 1) run a small bus and transfer at Avon Center; 2) to continue the service through the season, and then not provide the bus service next year,b.ut'.tb continue to collect the $10.00 fee for public improvements. After discussion, Coucilman Miller moved to continue and maintain the current level of bus service at the Christie Lodge, and in the meantime have the Town Manager and the Town Attorney review the possible ramifications, as well as, review the proposal of advising Christie Lodge Management Company that the Town would discontinue service next year. -2- • To review the fact that Christie Lodge The motion was seconded by Councilwoman Councilwoman McRory opposing. 0 has the obligation to pay the tax. Harrison and was carried with The Town Manager reported on the petition from the residents of Wildridge Subdivison. He stated that there were approximately 40 signatures on the petition in regard to cablevision service to Wildridge residents. Councilman Davis stated that the Town does not have the obligation nor the right to make the cable company provide service. He stated that there was not an. Exclusive Franchise. He suggested to have a representative from Heritage Cable come in a talk to the Council to see what their future plans were for such service. He felt that the developer of Wildridge should have furnished the cable operations initially. After discussion, Councilman Miller recommended that the Town Manager request that a representative from Heritage Cable be present at the next Council Meeting to address the request from some of the Avon citizens. The motion was seconded by Councilman Watkins and was unanimously carried. The discussion of the Homestake II Water Project 1041 was next on the agenda. There had been lengthy discussions on this item earlier in the Council work shop. The Town Manager suggested that Council request an extension of a two-three month period of time to give the Council and staff adequate time to review the documents and issues. Council agreed that the Town had to take a strong stance on this issue. Just a brief history of this issue follows: The cities of Colorado Springs and Aurora have submitted an application to the County of Eagle, Colorado, for approval of the Home-take II Water Project, 1) as a major extension of an existing domestic water treatment system; 2) as an efficient utilization of a municipal and industrial water project; 3) for a special use permit for water diversion and major extension of existing water systems; 4) for a certificate of designation. On July 23, 1985, a hearing was held regarding technical completeness of the cities' application. At the cities' request, the matter was tabled to March 11, 1987, when the Board of County Commissioners determined that the application was technically complete. A joint public hearing has now been scheduled before the Eagle County Board of Commissioners and the Planning Commission. The Board and Planning Commission shall consider the substantive aspects of the application from April 20 through April 24, 1987. April 3, 1987, tL pre-hearing conference. The purpose of this conference is to allow persons having party status to submit exhibits, lists of witnesses, and pre-hearing motions. April 14, 1987, the Board will enter pre-hearing Orders. April 20-24, 1987, is the joint public hearing for the purpose of considering the substantive aspects of the application. -3- 0 9 Public input is encouraged subject to a fifteen-minute time limit. May 6, 1987, the Planning Commission will enter its deliberation and decision concerning the application. May 26, 1987, the Board of County Commissioners will render its deliberation and decision. At that time all hearing participants shall have an opportunity to submit written rebuttal testimony and information or proposed findings of fact and conclusions of law. The Council stated that Avon would feel the impact of this issue more than any other community in the valley. The Mayor requested that the Council, attend the meetings. Lengthy discussion followed. Councilman Miller moved that the Town 20, 1987, requesting an extension to the issues. The motion was seconded unanimously carried. and residents, make an effort to file for a party status on March give Avon more ample time to review by Councilman Watkins and was The Mayor suggested that the Town be prepared to go on March 20th with all the strength the Town had, in the event the Town was not granted the extension. Norm Wood reviewed the upcoming Avon Road Improvements with the Council. He stated that Contra, Ltd., the engineers for the Sunroad Group, had submitted plans to the Highway Department for an access into the Sunroad property immediately north of the new bank building. The permit was issued by the Highway Department. He stated that staff has reviewed the plans. Mr. Wood stated that due to the size of the project, he wanted the present the matter to Council for their information. Mr. Wood then reviewed the map with the Council. No action was taken. The Mayor then brought the Council up to date on his recent. fact finding trip to Crans-Montana, Switzerland. Mayor Nottingham reflected on some of the detailed matters, and how Colorado should be prepared to correct some of them for the upcoming 1989 World Cup. Some of these matters were, 1)merchants keeping their prices affordable for the visitors; 2)have the right information to give to the visitors; 3) should be prepared to have some bilingeral speaking people throughout the area to inform the visitors of what is going on and to give direction. The Council agreed that the past-councilmembers and the past-Mayor be invited to ski in the 1987 Avon Town Cup Races this year. -4- 0 i The Financial Matters were next presented to the Council. Councilman Miller moved approval of the Cosgriff, Dunn & Abplanalp bill for March 10, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Watkins moved approval of the General Fund of Accounts Payable for March 10, 1987. The motion was seconded by Councilman Miller and was unanimously carried. Councilwoman Harrison moved approval of the Transit Fund of Accounts Payable for March 10, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for March 10, 1987. The motion was seconded by Council- woman Harrison and was unanimously carried. The minutes of the February 24, 1987 Council Meeting was next presented to the Council. Councilman Miller moved approval of the February 24, 1987 Council Meeting minutes as presented. The motion was seconded by Councilman Connell. Councilman Watkins stated that on page four, third paragraph, fourth line, change "inferrers" to "inferior". With that correction the motion was unanimously carried. Councilman Miller stated that at 7:00 p.m. on March 13, 1987, the Echo Ranch would be holding their 2nd Annual Chocolate Lover's Charity Classic. He stated that they were a dollar short fall of a vehicle that they need to provide for the house parents, and to transport the kids back and forth to events. He stated that he wanted to complement the Mayor on his letter to Richard Gorton, Army Corps of Engineers in reference to the Homestake II Project. He also complemented the Town Manager in reference to a letter from Ted Bendelow who acknowledged appreciation of the efforts that were taken by the Town Manager on the proposed shopping center. He also acknowledged a letter from the Vail Institute. Since the Town Manager is no longer a Board Member, the institute requested that Allan Nottingham join the Institute, and if the Mayor was not available, he stated that he would be more than happy to represent the Town. -5- He also reminded all that the Avon Town Cup Races were scheduled for March 21, 1987. There being no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilwoman Harrison. The meeting was adjourned by Mayor Nottingham at 9:45p.m. RESPECFULLY SUBMITTED Patricia J. D,b/yle, \Towry'Cler APPROVED: -6-