Loading...
TC Minutes 07-25-1989• • 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. • • 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. • • 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. • • 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. (I i 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: ~l •