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TC Minutes 04-10-19900 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD APRIL 10, 1990 - 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 7:36 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis present. Councilman Garton was absent. Also present were Town Attorney John Dunn, Town Manager Bi11=James, Director of Municipal Services Larry Brooks,. Director of Community Development Rick Pylman, Fire Chief Charlie Moore, Police Chief Art Dalton, Town,'Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. Mr. Darryl Bangert approached the Council. Mr. Bangert updated the Town Council on the Eagle River Clean-up project. He had a 'real concern that the clean-up had not been effective. He stated that Minturn Town Council has scheduled a meeting in respect to the Eagle Mine clean=up project, and the need for the Town to work together in the community to pursue some avenue of cleaning up the river. He stated that the clean-up has not been effective and that was the reason for the river dtying. He stated that there was another alternative, and that would be to file a Class Action Suit against Gulf= Western and the Colorado Health Department. He stated that a suit was', being done now by communities around Rocky Flats clean-up and that the communities are accomplishing their goal. Mr. Bangert stated that the attorney who is very familar with this issue would be in the area next week, at no charge, to explain what was going on, and what, the legal,-- options would be. He asked that the Town Council get behind Minturn and support their efforts. There would be a meeting prior to the main meeting for discussion. Mayor Nottingham stated that he supported this very important issue and the effort that.Minturn was doing. Councilman Davis agreed. Councilman Davis stated that the new Manager of Minturn was going to take a walking tour of the area as to where the seepages were located. He stated that Minturn Council has asked for official support. He moved that a resolution be adopted and that a spokesperson read that resolution at the meeting, making it official that Avon would support' Minturn's efforts of the clean-up. The motion was seconded by Councilman Stovall and was unanimously carried. It was noted that several of the Councilmembers would be in attendance of next week's meeting. Rita Redford a resident of the Benchmark Mobile Home Park approached the Council. She stated that she was concerned of the possibility of having to move their trailer from the park, and wanted to know what resourses there were in saving their home from being moved. The Mayor stated that he was in support of their concern. Discussion followed. Mayor Nottingham advised that the residents of the park be in attendance at the April 17th meeting which was scheduled for 5:15 p.m. in the Council Chambers. There being no one else wishing to be heard, the Mayor closed that portion of the Citizen Input discussion. Second reading of Ordinance No. 90-2, Series of 1990, AN ORDINANCE FOR THE TOWN OF AVON , COLORADO, INITIATING CHARTER AMENDMENTS TO EXEMPT BONDS PAYABLE FROM IMPOSITIONS OTHER THAN GENERAL PROPERTY TAXES FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER AND TO EXEMPT GENERAL OBLIGATION BONDS FOR HOUSING FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER SUBJECT TO SEPARATE DEBT LIMIT FOR SUCH BONDS; SUBMITTED SUCH CHARTER AMENDMENT TO THE REGISTERED ELECTORS OF THE TOWN AT A. SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 15, 1990 AND DECLARING AN EMERGENCY. John Dunn stated that the residents would be voting on two amendments to the Charter. 1. It would authorize,the Council to issue revenue bonds payable from sales tax.* The second amendment would authorize the Council of acquiring, constructing, or equipping rental housing to be owned-by or on behalf of a governmental entity and acquiring land that may be issued without an election and upon an approving vote of two-thirds of the entire Council. He stated that this was first presented to the Council as an emergency ordinance, but was no longer an emergency ordinance. Mr. Dunn recommended that Ordinance No. 90-2, Series of 1990 be adopted on second-.reading. Councilwoman McRory moved approval of Ordinance No. 90-2, Series of 1990 on second reading. The mot-ion was seconded by Councilman Stovall. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor called for a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. -2- • • Next on the agenda was the Sublease Agreement between the Town of Avon, Eagle County Library and the Avon/Beaver Creek Resort Association, in respect to the lease space at the City Market expansion. Mr. James stated that there would be approximately 3500 square feet of lease space that would be used for the library and approximately 1500 square feet for the Resort Association. This would be,for a lease period of five years. After some discussion, Councilman Reynolds moved approval of the Sublease Agreement between the Town of Avon, Eagle County Library and the Avon/ Beaver Creek Resort Association, and authorized the Mayor to execute the said document. The motion was seconded by Councilman Stovall and was unanimously carried. The amended Intergovernmental Agreement between Eagle County, Town of Avon and the Town of Vail was next presented to the Council. Mr. James stated that Section 19 was added to the agreement which read, t'The County in no way waives its authority to regulate the use and subdivision of the Berry Creek Parcel or the Miller Parcel". Councilman Davis moved approval of the Intergovernmental Agreement between the Town of Avon, Town of Vail and Eagle County. The motion was seconded by Councilman Stovall and was unanimously carried. ,The Lease Agreement between the Town of Avon and Eagle County in respect to Eagle County moving their annex offices into Avon was next presented to the Council. Mr. James stated that in anticipation of the moving of the Resort Association to the leased space at City Market, Eagle County had requested that they move their annex offices into the Town Building space. This would be for a two year period. Discussion followed. It was the consensus of the Council to someone from the County to be present explain what their operating services would keep. table this agreement and schedule at the next council meeting to would provide and what hours they No action was taken. -3- 9 0 Next on the agenda was,the discussion of the Northwest Colorado Council of Government-s'and the Ratification of Articles of the Association. These Articles form the basis of the Intergovernmental contract between the counties of Eagle,'Grand, Jackson Pitkin, Routt and Summit and the 25 municipalities within those counties, and is a regional planning authority for purposes listed. These amended Articles were necessary in order to allow member governments to petition the executive committee to appoint an Administrative Representative. They requested that the Town of Avon approve the Ratification of the Association. Councilman Stovall so moved. The motion was seconded by Councilwoman-_ McRory and was.unanimously carried. The Financial Matters were next presented to the Council. Councilman Stovall moved to receive items #1 through #11. 'The motion was seconded by Councilwoman McRory and was unanimously carried. ,Councilman Stovall moved approval of the General Fund of Accounts Payable for April 10, 1990. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Stovall moved-approval of the Reconciliation Sheet of Accounts Payable for April 10, 1990. The motion was seconded by Councilwoman. McRory and was unanimously carried. Councilwoman McRory moved approval of the March 27, 1990 Council Meeting minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. The Council discussed the progress of the 1990 Census. There being-no further business to come before the Council, Councilman Reynolds moved to adjourn. The'motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 8:15 p.m. The Council then interviewed Chris Ekrem, one of the applicants for the Planning and Zoning Commission position. -4- 0 0 Y SUBMITTED Patricia J.(/Dovle`, lTown%C1 -5-