Loading...
TC Minutes 09-23-1986MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD SEPTEMBER 23, 1986 - 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 Nottingham at 7:35 p.m. A roll call was.taken with Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Al Connell and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works and Parks and Recreation Larry Brooks, Police Chief Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Ted Martin, Executive Director of the Bud Light Mountain Man Winter Triathlon, approached the Council. Mr. Martin stated that there had been some new additions to the event for 1987. There was a major coarse change. He stated that they had moved the start from Meadow Mountain, to the Beaver Creek Golf Coarse. It would begin at the 9th Teebox, head east down the 9th fairway, west,down the 8th fairway, and the competitors would then head up Bachelor's Gulch, they would then do a 12K in the cross-country track system at the top of chair #12. He stated that this would relieve the liability on a one to one basis with the Forest Service, and it would also keep everything centralized in the Avon/Beaver Creek area. Mr. Martin stated that prize money had now been added, $1,000 to the first place winners, for both, women and men, $500 for second place, and $250 for third place. He stated that, as far as, major sponsors, Bud Light had committed to an increase of approximately 20% to 25% over last year, not only a monitary contribution, but also in-house contribution. He stated that Bud Light proposed to come in at $22,500, which Mr. Martin stated he has countered at $25,000 offer. He stated that they were looking for $30,000 to $35,000 from Bud Light. AT&T had stated that they were very interested, and would return to the event along with, MAX(energy replacement drink),North Face, and several other corporate sponsors that were now being negotiated. • 0 Mr. Martin stated he was negotiating with the town staff to bring in the Winter Mountain Man Rendezvous. There would be approximately 20 to 30 people, dressed in their mountain man attire, and would set up their Tee-pees and their shops. He felt that this would make a excellent addition to the event. Mr. Martin stated that he would return to the Council with a progress update. At that point, Mr. Martin presented the Town with a plaque in appreciation for their participation and silver sponsorship for the 1986 Bud Light Mountain Man Winter Triathlon. Councilman Miller commended Ted Martin for his hard work and bringing this event from nothing to a great success. The Mayor thanked Ted Martin for coming and making his presentation. There being no ordinances, resolutions on the agenda, the Mayor called for the Town Attorney report. Mr. Dunn reported on the Peregrine Project. He stated he had prepared, and filed with the Court, a response to the Motion of Federal Savings and Loan Insurance Corporation(FSLIC) to dismiss the proceedings in Eagle County District Court. He stated that other responses have been filed from approximately half of the parties that are involved in the litigation. Mr. Dunn stated that the individual from FSLIC who filed to dismiss the case, now has grave concerns in regard to dealing with all the attorneys involved in this litigation. He stated that with the Argument on the Motion coming forth on October 20, 1986, he was very optimistic that the Motion would be denied. He stated that if FSLIC were to pursue further, they would have to move the case to Federal Court. Mr. Dunn felt that the Federal Court would not want to deal with this case, being that the law suit has gone on this long, and that it has generated a vast amount of paper work. He felt that the Town could dispose of the FSLIC Motion and keep the law suit on tract, which would take the Town up into May of 1987 for a Determination of the relative priorities of the mechanics lien claimants and Magnet Bank, which is the Holder of Record of the Deed of Trust on the building. Mr. Dunn stated that the reason Magnet Bank could not foreclose, was the fact that , so long as the issue of priorities, with respect to the mechanics lien being outstanding, they could stop the foreclosure. It was the same reason the Town was not permitted to proceed with the sale of the building, the mechanics lien claimants have priority over the Deed of Trust. Mr. Dunn stated that the only issue that would probably be tried in May, would be the validity of the lien. The Town would not be involved in that process. Mr. Dunn stated he would encourage the mechanics lien claimants to take the Town out. The reason being, that the mechanics lien claimants having priority over Magnet Bank, would have the right to redeem from the sale that foreclosed the Town's lien. He stated at that point, Magnet Bank would have a major choice to make, either letting the property go, and write it off as a loss, or redeem the mechanics lien claimants to save the property from sale. -2- 0 9 He felt the Town should ultimately see the project completed if Magnet Bank lets the project go. He stated, if that was the case, he could see the Town working with the mechanics lien claimants to finish the building. The Town Attorney then reviewed the history of the PPL law suit against the Town. He discussed the insurance coverage and whether the insurance company was going to cover the Town. He felt that CIRSA may defend the Town under a Reservation of Rights, which means they would defend the Town, but would be questionable of whether they would pay for any Judgment. In respect to the posting the premises of the suspension of Liquor License at Spanky's Tavern, the Town Attorney stated that the Authority did not order the posting of the premises, and therefore felt it was not necessary, and did not see any problem. Councilman Miller stated that Council had discussed an assortment of areas of the proposed budget earlier in the work session that included the proposed increases in attorney fees, and also discussed that, Council at some point, had requested that Leslie Ranninger be attending the Council Meetings opposed to Mr. Dunn. Councilman Miller asked Mr. Dunn to comment on; 1)to justify the proposed increases in attorney fees; and 2) to justify the lack of Leslie Ranninger's attendance at the Council Meetings. Mr. Dunn stated that he attended the Council Meetings because he thought Council had requested him to do so, but would be willing to have Leslie Ranninger attend; and, as far as, the proposed increases in attorney fees, Mr. Dunn stated that he had not asked for an increase for the past two years. He stated they have experienced increases in costs practicing law; rates have gone up. He stated he did not want to be in the position of neglecting the Town, and if the town began to be a loss, he would then have some hesitancy about doing the work. He stated that he enjoyed the municipal law work, and he would be willing to discuss this matter and other alternatives at any time with the Council. He stated that he valued the Town as a client, and enjoyed the relationship. The Mayor thanked Mr. Dunn for his report. Next on the agenda was the discussion of the salaries for Mayor/ Councilmembers. Councilman Watkins stated that the reason he requested this matter be placed on the agenda was that with the Town elections being held on November 4th, 1986, he felt that if the salaries were to be changed for the newly appointed mayor and the newly elected Councilmembers, then this matter would have to be approved by ordinance, and by this Council. He stated at the present, the Mayor's salary was $500 per month, and the Councilmembers salaries were $200 per month. He felt it was not necessary to change the Councilmembers salaries, but felt the Mayor's salary should be changed, and not be allowed to receive 2 1/2 times more than the Councilmembers. He suggested a differential in the salaries of $100, where the Mayor would receive $300 per month compared to the Councilmembers salaries of $200 per month. He felt that it would be more in line with the duties of the Mayor. The Town Manager stated that the Mayor has been -3- 0 0 involved in a numerous amounts of meetings and has participated substantially in_the shopping center discussion over the past eight to nine months, besides a number of committees he is involved in. Councilman Miller suggested to possibly have a job description drafted for the Mayor's position, and to change the Charter to reflect this. Councilman Connell felt that the Mayor's job was not 2 1/2 times more important than a Councilmember's job. He stated that the Mayor could delegate more duties. He felt it was a dis-proportionate salary. Councilwoman Davis stated that the Mayor is a very visible person and he is a representative of the Council. At that point, the Mayor stated that he participates in the CML Committee meetings, which was an important committee because of legislative matters, and felt the Town should be represented. He also represents the Town at the CAST Organizational meetings, which is a unique group of towns, which are adjacent to our part of the ski area. He stated there was a great deal of time involved in just those two committees alone. The Mayor read the salaries of other various cities and towns, of which their salaries were comparible to Avon's. Councilman Watkins stated that after the election and the Council appoints a Mayor, that the Council should definitely take into account of how much time that appointed person could devote to the Office, and the time that person would be willing to put in. Councilwoman McRory stated that possibly that person who would be appointed as Mayor may have to take time off of his work and may not be compensated for that time off. The Mayor entertained a motion. Councilwoman Davis moved that the salaries for the Mayor and Councilmembers remain; $500 for the Mayor per month, $200 per month for the Councilmembers. The motion was seconded by Councilman Miller. After discussion the motion carried with Councilmembers Watkins and Connell opposing. The determination of terms for newly elected Councilmembers was discussed. Councilman Watkins requested that this matter also be placed on the agenda. He stated that with the election coming up in November, there were four 4 year terms, and one 2 year term. He stated that there was two ways for the Council to fill these terms; 1)have candidates elect to run for the four year terms or run for the two year term; or 2) would be to have all the candidates run, and in conclusion the top four candidates would be elected to the four year terms and the fifth runner up would be elected to the two year term. He felt it would be preferable to go with the later, and have all the candidates run on one slate. -4- 0 • After discussion Councilman Miller moved that the top four majority candidates would be elected to the four year terms, and the fifth majority candidate would be elected to fill the two year term. The motion was seconded by Councilman Connell and was unanimously carried. The Town Manager requested that Council defer the discussion of the proposed 1987 budget until later in the meeting. Council agreed. The Mayor stated that he had received tickets from Echo Ranch for their upcoming Barbeque Bash, which would be held on Sunday, September 28, 1986. The Mayor also indicated that he had received tickets for the Vail Symposium, which would be held on September 26, 27, 1986. Any Councilmembers wishing to attend should pick up the tickets at the Clerk's Office. The Financial Matters were next presented to the Council. Councilmember Miller moved to receive items #1 through #8. The motion was seconded by Councilwoman Davis and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for September 23, 1986. The motion was seconded by Council- woman Davis and was unanimously carried. Councilman Miller moved approval of the Transit Fund of Accounts Payable for September 23, 1986. The motion was seconded by Councilwoman Davis and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for September 23, 1986. The motion was seconded by Councilman Buick and was unanimously carried. Councilman Watkins requested that the Accounts Payable for Planning and Zoning Commission Special Meeting fees be looked into. There was concern of whether or not the Commission receives payment for special meetings. -5- E The minutes of the September 9, 1986 Council Meeting Minutes were next presented to the Council. Councilman Miller moved approval of the September 9th, 1986 Council Meeting Minutes. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller stated that a few meetings back, there was a letter in the'Council's packet relating to the service that was performed by Upper Eagle Valley Sanitation District on Nottingham Lake, and that it had been completed. At that time, Councilman Miller had requested that a press release be put out or published to inform some of the concern citizens that the lake was safe for fishing, boating, etc. He would like to be informed if that had been done. This matter would be looked into. After a short break, the Council reconvened to review and discuss the proposed 1987 budget. The Council reviewed and discussed the Marketing portion of the budget. Page 36, under Function, delete the last sentence, which read,"Also included in this budget are the Avon Town Cup and Mayor's Races, and contributions to other agencies". Mr. James stated that function was under Special Events. The Council discussed the requests for funding Marketing and Contributions. The Council requested that the Chamber of Commerce (Kevin Payne)appear before the Council for a review. The Council agreed to the $35,000 budgeted, but put $15,000 in contingency. Councilman Watkins stated that he recalled that the Council agreed to contribute the $35,000 to the Chamber on the basis that the Town's contribution would be declining as time went on. He stated now, they have gone from $35,000 to $50,000, and they have trouble justifying what the Town receives for the $50,000. The Council agreed that they would like to see a Chamber of Commerce review. The Council then discussed the Balloon, Bluegrass/BBQ. After discussion the Council felt that the $10,000 should also be placed into the contingency fund. The Council agreed that the $10,000 for the American Ski Classic should be retained. In regard to the 1989 World Cup, the Council requested that Bob Knous appear before the Council to bring them up-to-date on the progress of the event, and the Council felt that the Town was committed to the 1986 contribution of $30,250 for the World Cup. -6- A work session of October 14, 1986 at 5:00 p.m. was scheduled to continue discussion and review of the proposed 1987 budget. There being no further business to come Connell moved to adjourn into executive negotiations in respect to the shopping anchor tenant. The motion was seconded meeting was adjourned by Mayor Nottingh The Council then retired into executive before the Council, Councilman session to discuss center developer, and the by Councilman Buick. The am at 9:57 p.m. session. RePe tc fu'~ly Submitted: a cia oy e -7- APPROVED: