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TC Minutes 06-23-19870 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JUNE 23, 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 Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Police Chief Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Kevin Whelan, one of the Directors on the Edwards Metropolitan Board, approached the Council. Mr. Whelan reviewed the proposal for the Fire Operation Consolidation, with the Council. Mr. Whelan discussed the mill levy for each District. He stated that under the new consolidated proposal, the mill levy would be set at 5.62 for 1988, which would be well below the 1987 average of 7.46. He discussed the disadvantages and advantages of consolidation. Mr. Whelan stated that he had presented the proposal to Eagle-Vail, Edwards, Beaver Creek; Avon Metropolitan Board. The Boards that had not seen the proposal to date were, Berry Creek and Arrowhead. He stated that the Avon Metropolitan Board indicated that they did like the Public Safety Proposal, as well as did the Beaver Creek District. There was a meeting scheduled for 12:00 noon, July 2, 1987 at Homestead in regard to this matter. Mr. James indicated that either he or Joe Olson would be attending the meeting. The Mayor thanked Mr. Whelan for coming. There being no further input, the Mayor closed the discussion. First reading of Ordinance No. 87-14, Series of 1987, AN ORDINANCE AMENDING CHAPTER 9.16.060 OF THE TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO CANNABIS, POSSESSION OF CANNABIS, PUBLIC DISPLAY OR CONSUMPTION OF CANNABIS AND PROVIDING PENALTIES FOR POSSESSION THEREOF. Chief Olson stated that this ordinance complied directly with State Law, and would take care of any concerns Judge Allen had. Councilman Connell had concern of Section 9.16.070, and the amount of possession that the section stated. He felt that it should be more specific. • After discussion, Councilman Miller moved approval of Ordinance No. 87-14, Series of 1987 on first reading. The motion was seconded by Councilman Davis. Further discussion followed. Councilman Watkins amended the motion to change the wording in Section 9.16.100 to read, "not more than one hundred dollars". The motion on the amendment was seconded by Councilman Davis and was unanimously carried. The Mayor called for a roll call on the main motion. Those Council- members voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory and Jerry Davis. Those Councilmembers voting nay were Al Connell. The motion carried by a 5 to 1 vote. Resolution No. 87-14, Series of 1987, approving the Final Subdivision Plat for Eaglewood Subdivision was withdrawn from the agenda. The Town Attorney's report was next presented to the Council. Mr. Dunn stated that on Monday, June 15th, 1987, he appeared before the Court of Appeals to argue the Wilson/McAdams Appeal. He stated that one of the Judges seemed to be very interested in the case. There was no date set for the decision. Mr. Dunn stated that it takes sometimes, six months to a year before a decision is made. Mr. Dunn stated that as of this date, all motions for Summary Judgement in the Peregrine Foreclosure were before Judge Hart in Eagle, Colorado. He stated that the Town's first position has been preserved. Trial was still hopefully scheduled for August 10, 1987. Mr. Dunn stated that the other matter, was Wal-Mart, and the Tri-Party Agreement. The Agreement was between Palmer Szymanski Investments, the "Borrower", Town of Avon, "the Buyer", and the Lomas & Nettleton Company, the "Lender". Mr. Dunn had reviewed the Agreement and had several comments that he had related back to Dorothy S. Nowlin, Esq. He stated that the basis for the Agreement was to; 1)make Lomas & Nettleton Company a party to the agreements, which were; a) the Developers Agreement, and b) the Escrow Agreement;and 2) a Estoppel Certificate, which asks for certain representations by the Town as to the fact that Palmer Szymanski Investments are in good standing at this point with the Town, and were not in violation with their agreements. After Council discussion, Councilman Miller moved approval of the Tri- Party Agreement with such changes as were agreed to by the Mayor. The motion was seconded by Councilman Davis and was unanimously carried. -2- • 9 The Town Manager reported on the Fire Protection Services. The Public Safety Proposal has been submitted to the Districts, which were Edwards, Eagle-Vail, Berry Creek; Beaver Creek, Avon Metropolitan District. Mr. James stated that he believed the Districts were looking for direction. After discussion, Councilman Connell moved to authorize the staff to proceed with finalizing the Public Safety Program for the Town of Avon and other interested Districts, and prepare any appropritate documents for Council approval. The motion was seconded by Councilman Harrison. Further discussion followed. Councilman Davis had conern as far as, 1)the way it was presented, that if the Districts wanted fire protection, they had to go with Public Safety. He stated that most of the other Districts felt that Public Safety was something they didn't need, or want, and with that in mind, he didn't feel that the Districts would join the Town. Mr. James stated that it was the best option for Avon, but they have not run this on the basis of trying to sell this program. He stated that they felt that in the long term, the proposal was a viable option for Avon, in terms of public safety. He stated,it also was a viable option for Beaver Creek, and possibly Eagle-Vail. As far as the other Districts, it may not be as viable for them. After lengthy discussion, Councilman Watkins requested that the Council receive copies of proposals that were handed out to the other Districts, and see what the Town was proposing to them. There may be too much money involved for them to join. The Council should look at what has gone into the Town's costs. He stated he was concerned of what was going into the Town's projections of the costs for the service. The Mayor called for a vote on the motion. The motion was unanimously carried. The.Town Manager reported on the Strategic Planning. Mr. James stated that he would work with Cliff Thompson, of the ABC Times Newspaper, to place a questionaire form in the paper that the public could fill out and return to the Town in respect to their suggestions on goals and objectives for the Strategic Plan for Avon. Mr. James requested that the Council establish a list of five items that they would like the public to rank in priority. The Council agreed that a work shop be scheduled for July 3rd, 1987, from 9:00 a.m. to 4:00 p.m. Mr. James stated that by next Monday or Tuesday, there would be an agenda sent to the Council, for the Council to reivew for that work shop, and to add items of interest that they would like to discuss. A final agenda would then be sent to them for the work shop. Mr. James reported on the Bus Operations. He stated that the Council could spend sometime at the July 3rd work shop to discuss this matter. On the tax reassessments, the Town would make their protest presentation to the assessor, and also would make some other comments for all of the other property owners at the same time. A date had not been set for the Town's presentation. -3- Mr. James stated that at the Council's July 14th work session, the Council would be addressing the zoning ordinance and its amendments, and then at the July 28th work session, the Council would be reviewing the update amendments to the Personnel Policies. Mr. James stated that Joe Olson would be contacting developers around the Avon area in regard to complaints that have been coming in of why it was loo to 20% higher to build in Avon than anywhere else in the County,and also talk to the developers and see how they have been treated in Avon, to see if there was real concern of these complaints. He stated that hopefully a report would be submitted to the Council at the next meeting. Mr. James stated that a payment was to be made by Avon Center for the Mall Improvement Assessment. Mr. James discussed the proposed improvements for the Avon roads. He recommended that $38,000 be taken from the Mall Assessment Fund to be used to repair some portions of the roads in Avon. After discussion, Councilman Miller so moved. The motion was seconded by Councilman Davis. Councilman Watkins felt that some monies should be taken from the Marketing Fund to possibly be used for such improvements. He felt that this would be another Fund that the Council could cut back. He suggested that Council take a hard look at this suggestion. The motion carried with Councilman Watkins opposing. The Financial Matters were next presented to the Council. Councilman Miller moved approval of the Petty Cash Reconciliation Sheet of June 23, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for June 23, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for June 23, 1987. The motion was seconded by Council- woman Harrison and was unanimously carried. The minutes of the June 9, 1987 Council Meeting was next presented to the Council. Councilman Miller moved approval of the June 9th Council Meeting with the correction of "Porter" to "Potter" on page 1, and on page 5, change to read that, "the $1,200 was to be used to make application for five translators". With those corrections, the motion was seconded by Councilman Watkins and was unanimously carried. -4- Councilman Connell updated the Council on the TV Translators. He stated that there was a correction in the fees in regard to the TV Translators. He stated that the first channel was in the amount of $1,200, and then the remainder of the four translators was in the amount of $800.00 each. He stated that a price list was being put together by Mr. Price, engineer, for the total cost of the system. The price list would include five transaltors, which also included all the engineering, and installation. The cost would be approximately $152,900. Mr. Connell stated that the Federal Grant would pay,for only one channel, which would be a educational channel(6 or 12). The Federal Grant would pay 750 of the cost, which would bring the total cost to $27,600. Councilman Connell stated that each translator had to have the owners name on them, the engineer suggested each Councilmember plus the Town Manager name, which would then make the translators the property of Avon. Councilman Davis stated that Mr. Connell was correct, that municipalities do not have a filing fee, and that one applicant could apply for five applications. Councilman Davis was concerned of how the Town would pay for the system. He stated that this system would be for the Avon area, and would include the Edwards and Eagle-Vail area. He stated that if Avon were to provide the system, then the Town needed to find out what kind of system Edwards and Eagle-Vail would help pay for. Councilman Davis stated that in regard to conflict of interest, those concerns should be brought up at the Council Meetings, and not heard as rumors on the street. He stated that he did not have a conflict of interest. Councilman Connell stated that the Town's exposure, at this time, would be approximately $300 to $500. The Town's exposure overall would be in the neighborhood of $5,000. Councilman Davis recommended that Council look at how the program was to be funded, and felt this proposed program should go before the people and see if they want to pay for it. He suggested letting them vote on a district for taxing purposes. He was not in favor of government paying for the TV system. Mr. James stated that the Council should look at this program, if it was worth paying $5,000 to be able to have some option possible in the near future, and 1)would the Town be able to receive monies back from the grant; 2)would the Town be able to receive monies back through another district. He stated that the process would take a while. Councilman Davis stated that the $5,000 does not have to be spent now, that the application window wegld be closed only for this time period. He stated that bnce=-a--.license was given there was only a year and a half to build it, and if it was not built in that time frame, the license would be gone. Cal Thomas stated that as long as there was activity on the system, they would extend the time period. It was stated that the County needed to get involved and participate in this program. -5- 0 0 Councilman Connell stated that he had discussed this issue with the public, and they were willing to get involved. He stated that the engineer does not want any money this year, and until the Town receives the grant money, he did not want paid. Councilman Davis wanted to know if the Town was committed to the $5,000 if the Town agrees to go with the engineer regardless of what happened, and was Mr. Connell asking for a $5,000 authorization from the Council. Councilman Connell stated he asked for approval for what he.wanted, and that was $1,200. He stated that he was not asking for anymore money this year. Councilman Davis stated that for him to make a decision, he had to know what the commitment was. Councilman Davis stated that he didn't think the Council authorized the expenditure of $5,000, and it appeared that was what had happened. After discussion, Councilman Davis moved to direct the Town Manager to look at the situation and determine whether or not the Town had an obligation to spend $5,000, and if there was not an obligation, then the Town should cease and desist at this point. The motion was seconded by Councilman Miller. After further discussion, Councilman. Davis withdrew his motion. Councilman Miller withdrew his second. Councilwoman Harrison moved approval for the expenditure of $5,000, and authorize the five translators. The motion was seconded by Councilman Connell. Further discussion followed. Councilwoman Harrison amended her motion, that the Town spend up to $5,000 and that the expenditure would not be due this year. Councilman Connell amended his second. The Town Manager recommended that the Council authorize $5,000 to be spent in 1987 if there was a contractural obligation, then if there was a contractural obligation, it could be carried over to 1988. Councilwoman Harrison so moved. the motion was seconded by Councilman Connell. Councilman Miller stated that he would rather see more work and research done on the presentation, and that he maybe convinced around budget time, to authorize more funds for this program. The Mayor called for a vote on the motion. Those Councilmembers voting aye were: Emilie Harrison, Al Connell and Clint Watkins. Those Councilmembers voting nay were: Jerry Davis, Steve Miller and Gloria McRory. There being a tie vote, Mayor Nottingham voted nay. The motion was denied. Councilman Davis stated that the request for money may have a better chance if a good presentation and proposal was put together. -6- 0 • Councilman Miller complemented the police department for receiving their grant for the computer. Also complemented the staff on their efforts of the past week for another successful Summer Solstice. Councilman Miller stated that he would be absent from the July 14th Council Meeting because of vacation with his family. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Davis. The meeting was adjourned by Mayor Nottingham at 10:10 p.m. SPECTFULLY SUBMITTE6: Pa7tticia J. DoVI6 , Tob aler APPROVED: -7-