TC Minutes 07-25-1989•
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MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD JULY 25, 1989 - 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 7:40 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Emilie
Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. Also
present were Town Attorney John Dunn, Town Manager Bill James, Director
of Community Development Norm Wood, Director of Municipal Services Larry
Brooks, Fire Chief Wayne Smith, Police Chief Art Dalton, Town
Clerk Patricia J. Doyle, as well as members of the press and public.
The Mayor called for Citizen Input.
Michael Blair and Greg Miller representing the Avon Metropolitan District
(AMD) brought the Council up-to-date on the water issues.
Mr. Blair stated that the Avon Metro District and the Upper Eagle
Regional Authority have severed some functional relations as far as
operations of the water system. Mr. Blair assured the Town Council that
water would still be delivered and the water quality would be the same
and would improve. He stated that the Avon Metro District intended to
take over its own operation, that water rates would remain the same
and their goal would be to be more efficient and more economical. He
stated that he saw no reason why there should be any delivery shortage,
or any water shortage. He stated the only problems he saw were those
of discussion and politics.
Greg Miller gave the reasons why the two boards severed their functional
relations. One was that Upper Eagle Valley and the Water Authority set
out to standardize the single family in respect to water charges. He
stated that under their scenerio, a number of customers in Avon would
have had a significant increase. Example, Christie Lodge would have
had a 170% increase. He stated that Avon needs to have control.
Councilman Davis stated that according to the Water Authority, the Avon
Metro District and the Town of Avon were not being cooperative in respect
to not living up to the agreement.
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The maintenance of the lake was discussed. It was stated that it was
Upper Eagle Regional Authority's responsibility for the cleaning of the
Nottingham Lake.
Councilman Davis stated that this was just more than a contractural
agreement problem, but was a polictical issue.
Mr. Dunn stated that a fifteen day Notice requirement was given to the
Authority of the Breach of Contract. He suggested that he converse
one more time with Mr. Collins before Mr. Dunn Filed the Complaint.
The Mayor stated that it was his understanding that there was a new
water rate study out, and possibly compare AMD's rates to that to see
if they are comparable.
Mr. Blair stated that AMD wanted to determine what the correct and proper
rate should be so as to basically cover the costs of the water and the
delivery of the water. He stated that they were attempting to recover
the specific number from the Water Authority and he stated that AMD
was making an independent study to try and verify what the rates should
be, based on delivery.
The Mayor asked if there was a method to clean the lake rather than
draining the lake like they have suggested.
Mr. Blair stated that being the AMD owns the lake, AMD should have
a great deal to say bout how that operation was carried out.
Mr. Miller stated that the message to the Water Authority should be to
take care of the problems with the least impact to the recreational
activities..in the park.
The Mayor thanked Mr. Blair and Mr. Miller for their comments.
Norm Wood reported on the T.V. Translator System.
Mr. Wood stated that there was a hearing in District Court Friday,
July 28, 1989 at 10:00 a.m. to proceed to establish an election date
for the T.V.Translator Special District. He stated that in addition
to that, the Translator Committee met last week in respect to review
the status of the budget for trying to establish a number of polling
places. The Committee felt it would be most effective for the formation
of the District. He stated that the original budget was based upon for
polling places, but felt it would be a good idea if they could add a polling
place at both Gypsum and Red Cliff. He stated that consequently, the
Committee was requesting an additional $1,000 to $1,500 from the Town
of Avon to cover those additional costs. If the Special District is
voted in, all the monies that was donated by the Town would be refunded.
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Councilman Reynolds moved approval of the expenditure of $1,500
to the T.V. Translator Program to cover the costs for the election.
The motion was seconded by Councilwoman McRory and was unanimously carried.
Kevin Payne approached the Council. He stated that he had received
great reviews from people about the July 4th Fireworks.
Mr. Payne discussed the upcoming George Thorogood Concert.
He then discussed the possibility of the Town of Avon and the Resort
Association purchasing the Checkmate Sculpture. The cost being
approximately $140,000. Mr. Payne suggested that they form a Committee
which would include two or three Councilmembers and two or three members
from the Resort Association to possibly try and raise funds to purchase
the sculpture.
After some discussion, Councilmembers Reynolds, McRory and Stovall were
appointed to the Committee.
First reading of Ordinance No. 89-8, Series of 1989, AN ORDINANCE
AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT
Larry Brooks stated that this ordinance would approve the lease purchase
payments for the Dump Truck and Snow Plow Unit. There would be a five
year lease with Chrysler Capital Finance Corporation at a 7.95% interest
rate.
There being no further discussion, the Mayor entertained a motion.
Councilwoman McRory moved approval of Ordinance No. 89-9, Series of 1989
on first reading. The motion was seconded by Councilwoman Harrison.
Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were
no nay votes. The motion was unanimously carried.
The Town Attorney report.
Mr. Dunn reported on The Annex and the access.
He stated that he had sent a letter to Michael Clowdus in respect to the
interconnect. Mr. Clowdus stated that he had covered_with.Mr._
French of French & Stone, Attorney's, who in return had talked to
Leo Palmer. Mr. French indicated that he was unable to receive any
direction from Mr. Palmer.
It was stated that this access was being completed, but as yet was not
open to traffic.
No action was taken.
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Next on the agenda was an agreement for additional law enforcement.
Art Dalton, Police Chief approached the Council. He stated that the
extra duty program with the police department was a program which would
allow businesses to hire additional police officers when there was a
need to do so. He stated that Dobson Ice Arena, for example, hires
police officers all the time for extra duty.
Chief Dalton felt there should be some control on the extra duty program
as far as liability standpoint. He stated that the agreement was such
that if an officer would work extra duty, they would sign the agreement.
Chief Dalton reviewed the agreement with the Council.
Councilwoman Harrison moved approval of the contractural agreement and
the method of operations as presented. The motion was seconded by
Councilman Reynolds and was unanimously carried.
The Public Works Site on National Forest Land was next on the agenda for
discussion.
Larry Brooks stated that he had received a response from the Forest
Service in respect to the Town of Avon's Special Use Permit application
for a public works site on National Forest Land. He stated that the
permit application was denied based on the following:
1. The area requested to be used for a public works site is designated
as a 4B prescription area in the White River National Forest Land and
Resource Management Plan. The 4B prescription provides for management
emphasis on the habitat needs of one or more indicator species. The
goal is to optimize habitat capability, and this number of species. The
proposed use of the site would not be consistent with meeting Forest
Plan direction and the 4B prescription for the area;
2. It is Forest Service Policy not to grant special use authorizations
primarily to afford the applicant a lower cost as compared to other
reasonable alternatives (Forest Service Manual 2703, item 3). I believe
that there is private land available for the proposed use in the vicinity
of Avon and that cost is not a reason for ruling out pursuing such an
avenue.
Mr.Brooks stated that he has V4tgone as far as he could with this issue.
He has not been pursuing any options at this time.
Councilman Davis suggested that for a long term situation the Town
should be looking at possibly two areas in the Town's boundaries that
were Forest Service Land;
1. Was between Metcalf and Buck Creek.
2. Was between Metcalf and Berry Creek.
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The Mayor suggested possibly to look at the Doyle & Associates Warehouse
once again.
Mr. Brooks stated that he could look at those figures once again, but the
draw back was there was no room for a supply building and there was not
ample space for a yard or cinders.
Councilman Davis stated that he preferred to look at land so as to
building a building with a fenced yard and facilities for cinders and
vehicle storage.
No action was taken.
Next on the agenda was the purchase of a Computer System.
Liz Adams, Finance Officer approached the Council.
She reviewed the history of the process through which she arrived for
the purchase of the software package that Royce Arbor, Inc. had to offer.
Councilman Reynolds moved approval of the purchase of the Computer
System of Royce Arbor, Inc. in the amount of $30,911. The motion was
seconded by Councilman Stovall and was unanimously carried.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved approval of the General Fund of Accounts
Payable for July 25, 1989. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for July 25, 1989. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman Harrison moved approval of the July 11, 1989 Council Meeting
Minutes as presented. The motion was seconded by Councilman Davis and
was unanimously carried.
Councilwoman McRory noted the three letters that were written by Jack
Hunn, resident and Planning and Zoning Commission Member.
1. Was a letter in reference to the abandoned foundation on Lot 18,
Block 1, Wildridge Subdivision. Mr. Hunn noted that the foundation
had been installed several years ago. He felt it presented both a
visual nuisance as well as a safety hazard to the Wildridge residents.
Also he was concerned of the imported fill that was deposited on that
foundation site.
Mr. Wood stated that in regard to the abandoned foundation, he had
talked with the owner. The owner indicated that he was trying to pull
the project back together by the fall of this year.
Mr. Wood stated that this concern could be treated the same as the
Peregrine Project, that a Notice could be sent to the owner and the
owner would have to comply within sixty days.
Councilman Reynolds mentioned the abandoned foundation on Nottingham
Road, which has been there for six or seven years.
Councilman Stovall suggested that a list be put together of all
abandoned properties and put all owners on notice that they have to
clean up their property.
Councilman Davis stated another property with unsightly debris was the
property on the corner of West Beaver Creek Boulevard and Benchmark Road.
After some discussion, Councilman Davis moved that all of these concerns
need to be looked into, that a letter should be written to give notice
to all those property owners that they need to clean up their property.
The motion was seconded by Councilman Stovall and was unanimously carried.
Mr. Wood stated that in regard to the construction materials stored at
the corners of Metcalf and Nottingham Roads, the owner was to have that
cleaned up by the end of the week. He stated that the trailer was
parked in a designated loading space on the site and it was conforming
to regulations.
Mr. James requested that the Town Council adjourn into executive session
to update the Council on the officer that was accused of assault.
The Council agreed.
There being no further busines to come before the
Harrison moved to adjourn into executive session.
by Councilman Davis. The meeting was adjourned by
8:45 p.m.
The Council then retired into executive session.
Council, Councilwoman
The motion was seconded
Mayor Nottingham at
APPROVED:
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