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.
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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.
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To review the fact that Christie Lodge
The motion was seconded by Councilwoman
Councilwoman McRory opposing.
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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.
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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.
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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.
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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:
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