TC Minutes 01-25-19940 •
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 25, 1994 - 7:30 P.M.
The regular meeting of the Avon 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 Albert J. Reynolds at
7:36PM.' A roll call was taken with Councilors John Hazard, Tom
Hines, Celeste C. Nottingham, Jim Roof present. Councilors Jack
Fawcett and Judy Yoder were absent. Also present were Town
Manager Bill James, Town Attorney John Dunn, Director of
Community Development Steve Amsbaugh, Town Engineer Norm Wood,
Director of Municipal Services Larry Brooks, Transportation
Director Harry Taylor, Fire Chief Charlie Moore, Police Chief Art
Dalton, Town Clerk Patty Neyhart, as well as members of the press
and public.
First item on the Agenda under Citizen Input was the Upper Eagle
Valley Sewer Plant Expansion / Water Issues.
Mr. Dennis Gelvin, interim general manager at Upper Eagle Valley
Sanitation District, stated they are here to give an update on
the expansion of the Avon wastewater treatment plant.
Mr. Mike Poeckes, wastewater operations manager, detailed
improvements that are planned at this stage of the planning
process. Mr. Poeckes stated the improvements planned are due to
new federal regulations and to plan for future growth in the
area. The highlight of the expansion plans is an ATAD system to
treat sludge, what the EPA classifies, as a Class A product, like
a compost. The ATAD system will treat sludge with 1/6 to 1/10 of
the volume under conventional treatment, so the footprint is
smaller than some of the other options. The ATAD system is less
energy intensive. Other expansions are to take care of the
anticipated growth in the service area. These include two 60'
diameter geodesic domes approximately'14' high at the center.
View corridors for Sunridge'have been considered. The whole area
will be fenced. This expansion should be good for 15 years,
possibly 20 years. At that point in time, additional aeration
capacity.may be added similar to what is current. Two active
odor control systems'are,planned for the whole area, while none
are currently at the facility; we will have the ability and plan
to improve the odor. Currently, all of the sludge from Avon,
Eagle-Vail, Minturn, and-.Vail is treated at the Avon facility.
There is a waste water treatment facility in Vail that handles
the liquid side of-the equation there. There is another one down
valley in the Squaw Creek area. It is not cost effective to
build a sludge treatment plant in the Vail area. With existing
facilities in the Avon area it is cost effective to build them
out to a certain size.'
Council's consensus was that the adjacent property owners, such
as Sunridge residents, should be notified and_Upper Eagle Valley
Sanitation should hold public meetings due'to possible visual
impacts. Mr. Poeckes noted that they have been talking to
engineers to do a CADD enhanced photograph of the area with the
new facilities in place in order to get a picture out of the
neighbor's window.
Mr. Poeckes stated there will be no added traffic; the ATAD
system should reduce the solids by approximately 400 of what goes
in to what comes out, reducing the volume of truck loads. Mr.
Poeckes stated the trucking from Squaw Creek is not significantly
higher; a seven mile difference. Mr. Poeckes added that as part
of the expansion plans down valley, another ATAD system is
planned for Squaw Creek.
Mr. Bill Williams stated there are two major changes from the
original plans. One is the EPA regulations-.of the quality of
sludge production. The other is the water flows in the river.
There is no ATAD system in the United States. Mr. Williams
stated it is the leading edge of technology and explained this
technology is a super simple system. Mr. Williams imagined a
mixing bowl with an egg beater in the middle and side, with air
coming out. What it does is beats the sludge up and adds air to
it. It then creates heat, the heat creates the bug, the bugs
start eating each other a whole lot faster in the whole process.
This system is all contained. Mr. Williams visited Germany to
view the ATAD system. There is no odor, unless something goes
wrong or it is not working properly. Mr. Williams stated the
geodesic dome is being considered due to cost; a rectangular roof
is more expensive. Mr. Williams noted that the reason this
expansion is not planned for Squaw Creek is when it is all said
and done, we need a little bit of it everywhere. The earliest
and biggest need is in Avon. When it is all said and done, if
there is ever a total build out, there will be alot more and
bigger facilities in Squaw Creek than there is here. Our whole
effort is to minimize the damage to the stream flows. Mr.
Williams described the air filtration of the ATAD and Mr. Poeckes
added that they have not determined the exact total filtration;
will probably be chemical.
Mr. James mentioned the concerns of the Town staff were stream
flows and agreed with minimum stream flows and putting water back
into the river is a very important consideration of where to
locate the treatment plant. Like it or not that might be the
best place for stream flow. We need to address the issue of odor
and keep if from looking like a sewer plant.
Mayor Reynolds mentioned the visual impact of Sunridge and hoped
this expansion would not discourage the school from coming to
Avon.
Councilor Nottingham questioned how the expansion will be paid.
Mr. Williams stated the time line is Upper Eagle Valley Water and
Sanitation is already in violation with EPA regulations. Mr.
Williams added it will probably take a combination of a bond
issue, an increase in user fees and tap fees. Tap fees may
increase as much as 50t within the next year. Mr. Williams noted
visual impact has to be dealt with and thought Sunridge would be
the only neighbor impacted.. Mr. William's added the smell and the
condition is going to be better.
Mr. Darryl Wegert mentioned, to reassure the approach that Upper
Eagle takes, the plant in Vail; alot'of people don't even realize
there is a sewer plant in the Vail area. People assume that is
an office building. This is the same approach we are taking on
everything else; blend it in so-it doesn'.t look so much like a
traditional sewer plant.
Mr. James questioned if the Town will receive a design so that
the Planning and Zoning Commission may have input. Mr. Gelvin
stated they will work with the Town. Mr. Williams noted if
design changes, so will costs.
With no further comments, Mayor Reynolds thanked all present for
their input.
First Reading of Ordinance No. 94-2, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN RELATING
TO ABUSE OF TOXIC VAPORS; AND PROVIDING PENALTIES FOR THE
VIOLATION HEREOF.
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Town Attorney John Dunn stated this Ordinance and the three
ordinances following are presented to Council to implement the
recommendations of Judge Buck Allen.
Ordinance No. 94-2 causes the abuse of toxic vapors to be a
violation of the Town's Ordinances.
Councilor Nottingham questioned why the word "paint" is not in
the Ordinance. Police Chief Art Dalton stated all paint does not
have the ingredients listed in the Ordinance.
Councilor Hines motioned approval of Ordinance No: 94-2, Series
of 1994 on first reading. Councilor Nottingham seconded the
motion. The motion carried unanimously.
First Reading of Ordinance No. 94-3, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO VIOLATION OF RESTRAINING ORDERS; AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF.
Attorney Dunn stated this Ordinance would make it a crime for any
person to commit any act which is prohibited by any court
pursuant to a valid order, and then there are a number of
sections listed; sections pursuant to which courts can issue
restraining orders; would include restraining orders entered in
family law cases, peace bonds issued by County Court and permit
persons who are violating any of those orders to be cited into
Municipal Court.
Councilor Nottingham asked if a complaint would have to be lodged
with the Police Department. Attorney Dunn stated sure, what
would typically be the case is that the person who obtained such
an order would have a certified copy of it. Police Chief Dalton
stated generally they get a copy of every restraining order
within the Town. The people bring it in themselves. Right now
there is no Ordinance to provide for violations of the
restraining orders.
Councilor Hines questioned the'section of penalty; under it on
the second page where it starts out, any sentence imposed
pursuant to this subsection shall run consecutively and not
concurrently. Why the inclusion of that here and why wouldn't it
be inclusive7on the next Ordinance regarding violation of bond.
Attorney Dunn requested to take this into consideration and he
will report back on second reading.
Councilor Nottingham motioned to approve Ordinance No. 94-3,
Series of 1994 on first reading. Councilor Hines seconded the
motion. The motion carried unanimously.
First Reading of Ordinance No. 94-4, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO VIOLATION OF BAIL BOND CONDITIONS; AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF.
Attorney Dunn stated this is really intended to deal with similar
situation; ordinarily when a person violates the conditions of a
bail bond the person is taken in for a hearing. If in fact
there has been'a violation, then the bond can be revoked and the
person jailed until trial. This permits an immediate remedy for
the police officer on the street; the officer can charge the
person into Municipal Court for a violation of that without
having to send the person back through the system.
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Councilor Roof motioned approval of Ordinance No. 94-4, Series of
1994. Councilor Nottingham seconded the motion. The motion
carried unanimously.
First Reading of Ordinance No. 94-5, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 1.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO GENERAL PENALTY.
Attorney Dunn stated this Ordinance would, across the board, with
the exception of traffic offenses and possession of cannabis,
raise the potential penalty for violation of any Ordinance to
$1,000'or imprisonment of up to 180 days. Currently the top
penalty is $500 or imprisonment of 90 days. This would cause
some uniformity.
Councilor Hines motioned approval of Ordinance No. 94-5, Series
of 1994 on first reading. Councilor Hazard seconded the motion:
The motion carried unanimously.
Resolution No. 94-4, Series of 1994, A RESOLUTION MAKING A
SUPPLEMENTAL APPROPRIATION FOR THE YEAR ENDING DECEMBER 31, 1993.
Mr. James stated that with the passage of Amendment 1, Colorado
Municipal League recommends at the end of each year that we
designate how we are going to treat our year end fund balances
for determining our spending limits for,the succeeding years.
The Resolution attached is the same we,passed last year, only
with different amounts.
Councilor Hines motioned to adopt Resolution No. 94-4, Series of
1994. Councilor Hazard seconded the motion and the motion
carried unanimously.
Next item on the Agenda under Unfinished Business was the ARC
Construction Management Contract.
Mr. James stated the ARC contract is for construction management
for our recreation center. Council has reviewed this'at
worksessions and it is recommended Council authorize the mayor to
execute the agreement. Mr. James added"that Council may
authorize the Mayor, with the inclusion of it being subject to
final review by the Town Attorney.
Councilor Hines motioned approval of the ARC Construction
Management Contract subject to the final review and approval by
the Town Attorney. Councilor Roof seconded the motion and the
motion carried unanimously.
Next Item Added to the Agenda under New Business was
miscellaneous items.
Councilor Nottingham requested the Town Manager to schedule a new
Council picture be taken to include Councilor Yoder.
Mr. James announced that the public works annex and the
confirmation of the final footprint of the recreation center are
items for the February 1st worksession.
Mr. James noted the construction of the tennis courts, near the
water treatment plant, will be put on hold, to wait and see about
the school's plan. We may need to find an alternate site for the
tennis courts should the school district build on that site.
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Next was the Mayor's Report.
Mayor Reynolds attended a CML meeting in Lakewood. Mayor
Reynolds announced that David Broadwell, speaker on the Tabor
Amendment, informed there are 57 lawsuits -regarding the Bruce
Amendment, with more to follow.
Next on the Agenda was Other Business.
Councilor Nottingham requested input regarding Channel #5's
annual goals. Any ideas, please get them to her.
Mayor Reynolds requested a retreat for Council to set 1994 goals.
Mr. James suggested a March retreat.
Mr. James informed the developers of the,'Stolport property want
to meet with Council on February 8th.
Mr. James stated the Recreation Center ground breaking is
scheduled for'April 29th.
The Financial Matters were next presented to Council.
Council's consensus was to look into a Ford Taurus wagon for the
recreational vehicle. Council gave approval to purchase up to
$17,000.
Councilor Hines motioned to receive items #1 through #2 and
approve items #3 through #4. The motion was seconded by
Councilor Nottingham and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the January 11, 1994 Regular
Council Meeting Minutes as presented. Councilor Nottingham
seconded the motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Nottingham.
The meeting was adjourned by Mayor Reynolds at 9:04PM
RESPECTFULLY'SUBMITTED:
Patty Ne art, own Clerk
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