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.
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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.
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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.
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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.
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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.
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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.
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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:
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