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TC Minutes 04-12-1988r ~ MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD APRIL 12, 1988 - 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 7:32 p.m. A roll call was taken with Steve Miller, Clint Watkins, Gloria McRory, and Al Connell present. Councilwoman Emilie Harrison and Councilman Jerry Davis was absent. Town Manager Bill James was also absent. Also present were Town Attorney John Dunn, Director of Engineering Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Eric Truby, young adult resident of Avon, approached the Council. Mr. Truby stated that he had a concern in respect to one of the establishments in Avon, and their policy, of not allowing young adult locals into the establishment. Mr. Truby was told by the owner that the locals were not welcome in his establishment. The Town Attorney stated that the Town could not do anything even though the establishment was licensed by the Town. He stated that the business license was only a device to allow the Town to know how many businesses were in Avon. The Town cannot regulate businesses through a business license. The document that is sent to all the businesses in Avon, is a Town Registration, and not a business license. Councilman Connell stated that in his mind, this issue was clearly a discrimination issue. He suggested that Council draft an ordinance in regard to this issue. Mr. Truby then read into the record, another letter that was submitted by a Steve Garcia, who had the same concern. Discussion followed. Councilman Miller moved that a member of the Council acknowledge to the lease holder/and/or owner, the Council's concerns on this matter, that a letter be drafted and reviewed by the Town Attorney and the members of the Council, and if acceptable, that the letter be sent to the lease holder and/or owner of the establishment. The motion was seconded by Councilman Watkins and was unanimously carried. The Mayor thanked Mr. Truby for coming before the Council on this matter. 6 0 Resolution No. 88-7, Series of 1988, A RESOLUTION DECLARING THE MONTH OF APRIL, ABC-ALWAYS BUY COLORADO", MONTH. Councilman Miller moved approval of Resolution No. 88-7, Series of 1988. The motion was seconded by Councilman Connell. Councilman Miller stated that this organization needed a larger facility to hold their expositions. There being no further discussion, the Mayor called for a vote on the motion. The motion was unanimously carried. Resolution No. 88-8, Series of 1988, A RESOLUTION GRANTING APPROVAL OF AN EXPANSION OF AN EXISTING SPECIAL REVIEW USE FOR AUTOMOTIVE REPAIR, ON LOT 36, BLOCK 1, BENCHMARK AT BEAVER CREEK. Norm Wood stated that an application was presented to the Town to allow an expansion of Rich's Auto Body Repair Shop, on Lot 36, Block 1, Benchmark at Beaver Creek. The current building is approximately 1600 square feet. The proposed expansion would be an additional 1150 square feet. Other development proposed with the body shop included, another 3,280 additional space for Benchmark Cleaners. At the conclusion of the Planning and Zoning Commission's hearing, the Commission granted approval of the Special Review Use and recommended the same action of the Council, which was subject to: 1. No wrecked or damaged vehicles will be parked on-site unless they are confined to the designated storage yard for the project. 2. The expansion of the previously approved Special Review Use conform with the approved site plan for the project. Mark Donaldson respresenting Tom Backhus, approached the Council. He reviewed the map with the Council. He stated that they would be screening the wrecked automobiles from site, and would be cleaning up that site. The new materials that would be used would match the existing building. Councilman Miller moved approval of Resolution No. 88-8, Series of 1988. The motion was seconded by Councilman Watkins. The Mayor opened the meeting for discussion. Councilman Miller had a concern of all the unsightly damaged vehicles at that site, and felt that there should be a strict recommendation to screen those damaged vehicles. The Council also suggested that the owner place landscaping in front of the fencing to help screen the vehicles from view. The Mayor called for a vote on the motion, the motion was unanimously carried approving the Resolution. -2- • 9 The Town Attorney requested that the Council retire into executive session after the conclusion of the meeting. The Council agreed. The preliminary proposal for the July 4th Western Days Event was next presented to the Council. Kevin Payne approached the Council. He felt that it was a lot of money for that type of event, and wanted to know if Council wanted this type of event every year. He also felt that Council may want to change the event date because of all the other events taking place that weekend. Mr. Payne suggested that Council may want to scale down the event some- what, and suggested that Jeff Thomas and the event committee discuss this event further. Council agreed with the Western Days motif, but for less money. Councilman Connell moved to receive the 1987 and to wait thirty days before approving the audit in final form. The motion was seconded by Councilman Watkins and was unanimously carried. The update report on the T.V. Translator proposal was next presented to the Council. Norm Wood stated that the direction that the Town Manager would like the Council to take was, that the Council authorize an expenditure of $2,500 from Avon for an engineering study. He stated that Mr. James had received a letter from Vail,. committing to $2,500 for Eagle County's matching of $10,000 contribution. Also Mr. James had a tenative commitment of $1,000 from Eagle, $1,000 from Minturn, and anticipated action from Avon Metropolitan District for another $1,000, and also from Edwards Metropolitan District, which would bring the contribution up to $9,000 that would go toward the matching of the $10,000 from the County for the Engineering Study. At that point Councilman Connell stepped down because of a potential conflict of interest. Councilman Watkins stated that, earlier in the discussions, they discussed a county-wide engineering study, but in the work shop of that afternoon, the Council discussed the possibility of limiting the study area to Avon, and Minturn, and questioned whether or not the County wanted to contribute to a limited study rather than a county-wide study. The indication was that the limited study could be less money than the $20,000 county-wide study. It direction was that, the study should be done on the rather than the county-wide area basis. audit in done for quite a bit seemed that the limited area basis, the draft form, -3- • 0 The Mayor stated that he could see Council authorizing the Town Manager to spend the contribution, but with the thought in mind that Council may want to go another direction before the money was spent. Councilman Watkins agreed, and moved to approve the expenditure of $2,500 for the engineering study. The motion was seconded by Councilwoman McRory and was unanimously carried. Next on the agenda for discussion, was the Checkmate Statue. Larry Brooks stated that he had met twice with Don Chaplin, owner of the land for the "pedestal site". Specifically, those points were: 1. Liability insurance coverage from the Town of Avon; 2. Indemnification; 3. The Town of Avon would not unreasonably withhold approval of an access permit on Avon Road; 4. The Town would not require additional open space above and beyond 20% when lot is developed due to placement of the pedestal site; 5. Maintenance of the site commensurate with the performed on other Town owned/maintained areas; 6. Removal of pedestal structure within one year of written notice; and 7. Lease payment of $100/monthly for the life of the Agreement. Mr. Brooks stated that while he was receptive to most of Mr. Chaplin's considerations, the following issues presented a problem; 1. Liability insurance cannot be obtained through CIRSA since the pedestal is located on private property; 2. Indemnification effectively waives governmental immunity. This is not viable; 6. While a removal stipulation is an understandable concern of Don's, it places the Town(and the Resort Association)in a difficult position should the Town decide to contribute financially; and 7. Lease payments of $100/month were negotiated down from $400/month originally asked for, but still create an ongoing annual cost that becomes substantial. Kevin Payne, Director of the Avon/Beaver Creek Resort Association, approached the Council. Mr. Payne stated that he had conversed with Terry Halverson, President of 1ST Bank of Avon. Mr. Halverson stated that if the Town needed an alternative site that 1ST Bank would be obliged to offer the Town some space. Mr. Payne stated that after some meetings and discussions, Mr. Halverson contacted the Board at 1ST Bank of Denver. The Board agreed that Mr. Halverson write a letter, which would indicate that the bank would make that space available(where the Windfall Fisherman)is now. The bank would offer the Town a five year lease at a dollar a year, to be followed up by a ten to fifteen year lease, again at a dollar a year. The Bank would be willing to pay the utility cost for lighting and all the attended landscape costs, and also to make a cash contribution. They would be willing to handle the liability implications under their existing insurance policy, but would like the physical damage coverage on the statue to be handled by someone else. -4- • Councilman Miller stated that the Town soon as possible, but would like to see Town's participation with some caps. 0 needed to pursue this issue as some sort of outline on the Councilman Miller moved that the Town assist the Avon/Beaver Creek Resort Association in the construction of the "pedestal site", with Town labor based on the information that was presented to the Council at this meeting, and that the Council receive some information on some caps, such as, not to exceed - some dollar involvement from the Town, and allow this project to proceed. After some discussion, Councilman Miller amended his motion to include the word,"preliminary". The motion was seconded by Councilwoman McRory and was unanimously carried. Next on the agenda was the update report on the softball field. Mr. Wood stated that the softball field was at a stand still. He stated that he had met with Chuck Schwahn and Gary Hendricks of the school dis- trict regarding some changes they had requested in the agreement that was presented to Benchmark and the school district. One of those changes was, that if Benchmark dedicated a portion of Tract P to the Town, and when the remainder of Tract P was dedicated to the school district by Benchmark, the Town would then dedicate that portion of Tract P back to the school district also. He stated that when they got down to the exact wording of the agreement, there was a problem. He stated that the school district was trying to clarify language in the 1975 agreement which was unacceptable to Benchmark. Mr. Wood stated that he had conversed with Sergeant Lopez of the Army Core of Engineers. Sergeant Lopez indicated that they were preparing their training schedule at this time. Mr. Wood stated that it may be too late to get this program into their training schedule. Mr. Wood stated that they would continue to try and work out the differences with the school district and Benchmark and to get an acceptable agreement that all would be comfortable with. He stated that if they could not get the agreement signed, then he would need direction as to whether to go with a private contractor, or defer the project until next year. Councilman Miller felt that Benchmark has let the Town down on this issue, and felt that there was a necessity to follow up on these meetings between the entities. Councilman Watkins felt that it was the fault of the school Board's attorney. He felt that it had nothing to do with the 1975 agreement. He stated that he would like to try and get it worked out and get some- thing done on the softabll field this fall. He stated that Council has promised the Avon public the softball field, and every year it's been put off. He stated that the Town was looking at saving $12,000 on this project by using the Army Core of Engineers, and if the Town cannot get the Army Core of Engineers in at this time because of the agreement not being signed, then the Town ought to plan on doing the softball field themselves. The Council agreed. -5- • 0 Councilman Watkins moved to authorize staff to continue to work with getting the agreement signed. The motion was seconded by Councilman Miller and was unanimously carried. The Mayor stated that he attended the organizing committee for the World Championship. He stated that they wanted to convey their appreciation to the Town of Avon for the Town Council's participation, and their contribution toward the 1989 World Championship. He stated that the opening ceremonies would be held in Vail because of all the facilities in Vail. The Mayor asked that Council give some thought of what Avon would like derived from the upcoming event. The Mayor reported on the proposed solution to save the water on the Western Slope. A draft resolution was before the Council to review. The Mayor requested that Council give this some thought and that this issue be placed on the next regular meeting agenda. The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #7. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for April 12, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for April 12, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the March 22, 1988 council meeting was next presented to the Council. Councilman Miller moved approval of the March 22, 1988 council meeting minutes as presented. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the minutes of the continuation of the council meeting which was held on March 29, 1988 as presented. The motion was seconded by Councilman Watkins and was unanimously carried. -6- • Councilman Miller thanked the Town Staff and the Resort.Association for their hard work and good job done, and a fun day, at the Mayor's Cup, which was held on March 26, 1988. Councilman Miller moved to adjourn the meeting and that Council retire into executive session. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham, and the Council retired into executive session at 8:57 p.m. -7- APPROVED: