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TC Minutes 01-24-1989i 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD JANUARY 24, 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 7:35 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 Engineering Norm Wood, 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. Beth Mausolf, approached the Council. Ms. Mausolf was requesting that the Town Council give approval and consideration to erect Nuclear Free Signs in Avon. She stated that Nuclear Waste would be transported by rail and by trucks on I-70 every ninety minutes for twenty years. Ms. Mausolf was requesting six Nuclear Free Zone Signs; one sign marking the entrance to Avon on I-70; two signs marking the entrance to Avon on Highway #6; one sign marking the entrance to Avon next to the railroad; and two signs on the railroad property. She then presented some sample signs for the Council to review. She stated that the procedure was as follows: 1. To write a letter to Robert Mot.son, District Engineer in Grand Junction stating that Avon was interested in being a Nuclear Free Zone; 2. to state where the signs would be located, and to include sketches of the signs; 3. She stated that the District Engineer would then send permits and applications to set up a hearing. She stated that if all possible, a hearing could be scheduled in mid-February, and possibly the signs could be posted by March 1. The Town Attorney stated that the Town of Avon had the right to enforce its ordinances. He stated that the only issue the railroad could raise would be that the Town was interfering with Interstate Commerce in terms of speed regulations. Art Dalton, police chief, stated that identification of hauling Nuclear Waste would be a problem. It would be extremely difficult to know what was being hauled and when it was being hauled. He stated that they could take the identification number from the trucks or the railroad cars, then issue the Corporation and the Company a summons. n U r~ U After some discussion, the Mayor stated that Council would take this matter into consideration, and thanked Ms. Mausolf for her presentation. Second reading of Ordinance No. 89-1, Series of 1989, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT Mr. James stated that this was second reading on the Lease Purchase Agreement for a police car and a pick-up truck which were approved in the 1989 budget. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. There being no discussion, the Mayor entertained a roll call. 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 was next presented to the Council. Mr. Dunn stated that in a Council executive session of that afternoon, the Council reviewed the draft agreements between the Town of Avon and Christie Lodge, and the Town of Avon and Falcon Pointe. After some discussion, Councilman Stovall moved that the agreements that were presented to the Council between the Town of Avon and Christie Lodge, and the Town of Avon and Falcon Pointe be approved in substance submitted to the Association as the final offer of the Town subject only to such non-substantive changes as shall be agreed upon by the Town Attorney no later than January 31, 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Eaglebend Subdivision and the release of funds was next presented to the Council. Norm wood stated that he had received a request from Jeff Spanel requesting release of their Letter of Credit for funds for completing subdivision improvements, which were completed in accordance with the Subdivision Improvements Agreement for the Eaglebend Subdivision. He stated that in conjunction with that request, was also a request for the Town to accept the public improvements substantially complete in order to start the one year warranty period, which the Subdivision Improvements Agreement provided for. He stated that minor items to be completed when weather permits would include painting the bridge guardrail extension, painting the fence along railroad tracks and reseeding small area in front of the fence. -2- • • Mr. Wood recommended that Council approve: 1. Accept improvements required by Eaglebend Subdivision Improvements Agreement as substantially complete, effective January 1, 1989 with warranty period to extend through December 31, 1989. 2. Approve reduction on Letter of Credit to 10% of original face amount or $11,395.20 for the warranty period in accordance with the Subdivision Improvement Agreement for Eaglebend Subdivision. Councilman Stovall moved approval to adopt the recommended action that Norm Wood had setforth. The motion was seconded by Councilman Davis and was unanimously carried. Next on the agenda was the appointment of Councilmembers/business people for the Metro-Wide Marketing Committee. Mr. James stated that on January 31, 1989 at 8:30 a.m., the Vail Town Council would like to meet with the Avon Town Council and its representa- tives to the Metro-Wide Marketing Committee at the Vail offices to discuss the marketing efforts of both councils. He stated that Avon has two seats on that committee, Vail has three. Council would appoint two members to that committee, on a five member committee locally, to look at the program to see if it should be funded. He stated that they were recommending two Councilmembers and three business people to set on that committee. He stated that the Chamber had recommended three business people who volunteered their time, they were: Greg Miller, Terry Halverson and Lynn Kraft. Mr. James stated that he and Kevin Payne would plan on attending these meetings and act as liaison. Discussion followed. Councilman Stovall moved that the Council appoint five members to a seven member committee to be a local study group for purposes of giving guidance of how to fund the program, and the business community's part in the program, and also would move that Councilmen Davis and Reynolds be appointed as the Town's representatives to that committee, and that Kevin Payne coordinate with the other marketing applicants to come up with two other people who would be willing to serve. The motion was seconded by Councilman Bennett and was carried with Councilmen Davis and Reynolds abstaining. Councilman Stovall then moved that Councilmen Davis and Reynolds be appointed to the Metro-Wide Marketing Committee for the first year as the representatives of the Town. The motion was seconded by Councilwoman McRory and was carried with Councilmen Davis and Reynolds abstaining. Mr. James stated that he would advertise for two positions, and to have a list of interested people to the Council by the second meeting in February. He stated that if Council was contacted by an interested party to serve on the committee, they should contact the Clerk's office. -3- • Next on the agenda was the discussion of the $24,000 to the Avon/Beaver Creek Resort Association. The Council discussed the $24,000 to Avon/ Beaver Creek Resort Association. Mr. James stated that at the last meeting it was requested that this matter be placed on the agenda for discussion. Basically, the Town had given the Chamber funds for the past couple of years as to support the position of a Special Events Coordinator. He stated that the position was being eliminated from the Resort Association. Kevin Payne, Executive Director of the Avon/Beaver Creek Resort Association approached the Council. He stated that the Chamber had looked at that portion of the funding a little less specifically than some members of the Council might have. He stated that they reviewed it as a contract between the Town and the Resort Association to manage the Special Events in Avon, rather than paying a specific salary. There was a person designated to a roll of managing Special Events. He stated that the decision that the Chamber Board had made was that their number one priority was to refocus their efforts to solitify the organization financially, while still emphasizing the Special Events, and basically, that was a great portion of what the Chamber does. He stated that last year, the Chamber was responsible for the management of the Avon Bus System; the involvement of lengthy operations and negotiations over the Central Reservations Issue(that has been resolved), the Chamber was responsible for the Check-Mate Project, also responsible for the Vintage Grand Prix, and additionally, the World Championships. He stated that the Resort Board felt that Kevin take a greater roll, particularily, the funding of the revenue generation of the Special Events. He stated that at that point, it seemed appropriate to make a change in that Special Events Coordinator's position. He felt that the $24,000 that was contributed to the Chamber bought Avon a bargin. He felt that the Special Events last year were much better than in 1987. He stated that the Chamber needed the $24,000, and that the Chamber needed every dime it could get. Councilwoman Harrison stated that when the Town gave the $4,000 to the Chamber, which she was in favor, that the Town was moving an employee that had been with the Town, over to the Chamber where that employee belonged. She stated that the funding was given for that person. She stated that the Town cannot keep legislating the $50,000's and the $10,000's. She stated that the Chamber would take the $24,000 and pay for the fireworks of 1988. Mr. Payne stated that that discussion has not been addressed as yet. Councilwoman McRory stated that in June of 1987, the Council approved $2,000 per month for a Special Events Coordinator. Councilman Davis stated that it was a matter of difference in perception. -4- 0 • Councilman Stovall stated that it was his opinion that Council give the Chamber the money if they need it. The Chamber still has a year to resolved their problems, that were earlier discussed. He stated that he was in support of the Resort Association, and the Council has to support the marketing of the community. He stated that at the end of the year, if the problems were not resolved, he would no longer support the Chamber. Lengthy discussion followed. Councilman Davis stated that the Chamber was guilty of poor planning and poor public relations. He stated that if the Town wanted to have good special events, the Council was to have to take this into consideration. Councilman Bennett stated that there would have not been a financial problem if it would not have been for poor weather for the Charlie Daniels Event. He stated that he was in support of retaining the money to the Chamber. Councilwoman McRory felt that Councilman Bennett had a conflict regarding this issue because of his relationship with the Chamber. The Town Attorney stated that Councilman Bennett had no financial interest, and therefore he could vote on the issue. Councilman Stovall moved to retain the $24,000 to the Avon/Beaver Creek Resort Association which was previously budgeted and allow them to allo- cate the funds as they deem appropriate with the understanding that the Resort Association would continue with the Special Events as Mr. Payne indicated. The motion was seconded by Councilman Reynolds and was carried with Councilwomen Harrison and McRory opposing. Mr. Payne stated that it had been expressed that the Chamber has had financial problems. He stated that the organization was not perfect, but he was proud of what the organization has accomplished in the last three years. He stated that the only ones that suffered last year, was the organization itself. The Financial Matters were next presented to the Council. Councilwoman Harrison moved approval of the Cosgriff, Dunn & Abplanalp bill for January 24, 1989. The motion was seconded by Councilman Davis and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for January 24, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the Reconcilation Sheet of Accounts Payable for January 24, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. -5- • Councilwoman Harrison moved approval of Meeting Minutes as presented. The motion Stovall and was unanimously carried. the January 10, 1989 Council was seconded by Councilman Norm Wood reported on the TV Translator System. He stated that after the Town's commitment of $12,500 for matching funds, that the Town had received commitments of a total of $25,700. He stated that Stan Bernstein was to proceed with the financial preparation of a Financial Report and a formation of a Special District to provide TV Translator Service, and also authorize Dee Wisor to proceed with the legal services as required for a formation of a District. The basic report should be in by the first of February. The next meeting is scheduled for February 9, 1989 at 12:00 noon at the Avon Town Chambers. It was stated that the Committee had elected officers. Mr. Wood stated that the license permits could substantial progress that the Town was making. coming up within the next month or so. Mr. Wo to succeeding the goal of $12,500 to match the there was another $3,000 that was committed to the project. No action was taken. be extended because of the Another window would be Dd stated that in addition Council's contribution, go toward promotion of The matter of the Nuclear Free Zone would be placed on the agenda for the next Council Meeting. Mr. James stated that it was discussed with one of the Councilmembers their interest to serve on the Board of Directors for the Avon/Beaver Creek Resort Association. The Council appointed Councilwoman McRory to serve on the Board of Directors for the Chamber and that would replace Bill James, Town Manager. The Council appointed Councilman Stovall to serve on the Board of Directors for the Mountain Man Triathlon,and that would replace Bill James from that Board. Councilwoman Harrison moved to designate $18,000 of the $24,000 to pay off the fireworks for 1988, and the balance to go toward the 1989 fireworks. The motion was seconded by Councilman Reynolds and was unanimously carried. -6- 0 0 The Council requested an update report from the Town Attorney in respect to the Mall out-lot. There being no further business to come before the Council, Councilwoman Harrison moved to adjourn. The motion was seconded by Councilman Bennett. The meeting was adjourned by Mayor Nottingham at 9:17 p.m. RESPECTFULLY SUBMITTED: ~~~~j i l/Gw1rLo Patricia J, le, Tow ler -7- Approved: