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TC Minutes 05-09-1989MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD MAY 9, 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 and Jerry Davis present. Councilman Jim Stovall was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, 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. Len Weas, General Manager for Christie Lodge approached the Council. Mr. Weas stated that he had the executed Agreements from Falcon Pointe and Christie Lodge. They were now to be executed by the Mayor and the Town Clerk. He stated that he also had a check in the amount of $24,000 for the bus settlement. He thanked the Town Council, Bill James and John Dunn for all their time and effort on this matter, and hoped that they all could now move forward. He requested that Mr. Dunn held the original documents. He requested two certified copies for each of the two organizations, which, one would be held on site and the other for the attorneys. Mr. Weas stated that when the Court signed off on the Agreements, they would make a July 20th payment of $26,000 and as he saw it, would make payments on the $63,750.00 that was owed. The Mayor thanked Mr. Weas for his presentation. Kevin Payne, Executive Director for the Avon/Beaver Creek Resort Association approached the Council. Mr. Payne discussed the upcoming event which was scheduled for June 15, 1989. He stated that the Resort Association and the Rotary Club were joint venturing another circus in Town.. This was a large traveling circus, the tent was approximately 60,000 square feet in size, and would be a variety of 200 animals. The tent would be placed on the Sunroad Lot. The circus would he held one day only. Tickets would be available at $6.00 per adult and $4.00 per child. It was noted that the tickets that were returned back to the Rotary Club would be given to under privileged children. • Avon would receive coverage through the posters, radio and the newspapers. Mr. Payne also discussed the upcoming Golf Tournament.- It had been moved to the beginning of the golf season due to difficulty reserving the courses at the end of the season. The tournament would be held on June 4, 1989. The Mayor thanked Mr. Payne for his presentation. Second reading of Ordinances 89-2, 89-3 and 89-4, Series of 1989 were next presented to the Council. Ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF TIME-SHARE UNITS; Ordinance No. 89-3, Series of 3.08 OF THE MUNICIPAL CODE OF PAYMENT OF A SALES TAX ON THE Ordinance No. 89-4, Series of 3.28 OF THE MUNICIPAL CODE OF PAYMENT OF AN ACCOMMODATIONS 1989, AN THE TOWN EXCHANGE 1989, AN THE TOWN PAX ON TH ORDINANCE AMENDING CHAPTER OF AVON AS IT RELATES TO THE OF TIME-SHARE UNITS; ORDINANCE AMENDING CHAPTER OF AVON AS IT RELATES TO E EXCHANGE OF TIME-SHARE UNITS. These ordinances were before the Council for public hearing. These ordinances were tabled at the last council meeting. John Dunn stated that he had reviewed the two Agreements which were presented to the Council. One Agreement had been executed by Christie Lodge and the other by Falcon Pointe. Also he had received a check in the amount of $24,000 for the bus settlement. He stated that the next step was to present the two Agreements to District Court. He had prepared a Stipulation Motion which a copy had been sent to Michael Clowdus for his approval. He stated that once that Stipulation Motion was approved and he had received two more Estoppel letters, the Town would then be in the position to repeal the ordinances, and also would be in the position to dispense the Appeal. Mr. Dunn recommended that once again ordinances 89-2, 89-3 and 89-4 be tabled until the next meeting and to authorize the Mayor and the Town Clerk to execute the two Agreements. Councilman Reynolds moved to table Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 until the next regular council meeting. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Reynolds moved to authorize the Mayor and the Town Clerk to execute the said Agreements. The motion was seconded by Councilman Davis and was unanimously carried. Councilwoman McRory requested that she have a copy of the Agreements to review before the next regular council meeting. -2- • • John Dunn reported on the Bain Case. He stated that he attended the pre-trial conference which was held in District Court. The Trial has been scheduled for November 27, 1989 for five days. He stated that the Attorney for CIRSA representing the Town, filed a Motion for Summary Judgement which was based upon Solvent Immunity as well as the Lone Servant Argument; along with the State Compensation Argument. He stated that he would keep the Council informed. The report on the Comprehensive Master Plan was next presented to the Council. Mr. James requested that a work shop be scheduled for Tuesday, May 16, 1989 at 5:00 p.m. to work with EDAW and Peter Jamar on the scope of services for the Master Plan. The Council agreed. The Marketing Plan and Budget was next up for discussion. Mr. James requested that a work shop be scheduled for Tuesday, May 23, 1989 at 5:00 p.m. to present the Marketing Plan. and Budget that was presented to Avon and Vail's Town Council's at the meeting of May 3, 1989. The Council agreed. The appointments to the Planning and Zoning Commission was next on the agenda. The Council voted by ballot. They were voting for four candidates to fill the vacant seats on the Board. The newly appointed members were as follows: Frank Doll, Buz Reynolds, Jack Hunn and Terri Jeppson. The new members will take their seats at the May 16th meeting. These terms were for two years. The discussion of the Public Works Warehouse Space was next presented to the Council. Larry Brooks Director of Public Works/Parks and Recreation approached the Council. He stated that the Town had received a Lease Agreement from Benchmark Companies regarding Unit #4 of the Doyle and Associates Warehouse. He stated that this was anticipated in the 1989 budget. The Lease would provide a one year term (July 1, 1989 - June 30, 1990). The Lease was proposed because the Leases for units #5 and #6 would expire in 1990. Mr. Brooks stated that the Town would be signing concurrent Lease Agreements for all three units in 1990. He stated that besides the Town renting units #5 and #6, they were also renting two mini-storage units. -3- ~J He recommended that the Lease to terminate the mont-to-month effective October 1, 1989. • Agreement be executed for Unit #4 and rental on the mini-storage units There was discussion on the Town anticipating its own public works facility. Mr. Dunn stated that after reviewing the Lease, he recommended that on page 7, paragraph 14(Indemnity), that 14=c be deleted from that paragraph. 14-c read as follows:("any damage to property or any injury to persons(including death resulting at any time therefrom) occuring in, on, upon, or about the premises"). Mr. Dunn felt that that wordage was too broad. Councilwoman McRory moved approval of the Lease Agreement contingent upon the deletion of 14-c in paragraph 14, and to authorize staff to executf said Lease Agreement for Unit #4 of the Doyle and Associates Warehouse. Next item on the agenda was discussion on the Hot Air Balloon requests. Mr. Brooks stated that the Town had received several requests regarding a launch site for Hot Air Balloons within the Town corporate limits. He stated that he had informed people that Nottingham Park has not been used for such purposes, except for Special Events. Such use would interfere with a very tight schedule of watering and recreational use. He stated that other than the park, he could not give permission for someone to use private property without the owners permission. He suggested that the Town formulate a policy regarding such requests. Councilman Davis stated that if the balloons launched within the corporate limits, on private property, the Town could not require a fee. He suggested that possibly this be handled the same as the permits for boats on the lake. The Balloonist's would have to register. Mr. Brooks was to return with a proposal that would include a permit process which would include a small fee. Also, the proposal would address the signage and liability issue. The Council agreed. The 1990 Bicentennial Census was next up for discussion. The Mayor stated that the Town should oversee this task so as to receive a proper census. He felt that the last census which was taken in 1980 was not accurate, and the 1990 census should be done and completed so as to have an accurate count on Avon's residence. After some discussion, Councilwoman McRory moved to with the mayor as the Chairman and to proceed with complete-count committee. The motion was seconded Harrison and was unanimously carried. form a committee establishing a by Councilowman -4- 0 The second item the Mayor discussed was in regard to the Western Railroad Association. The Assoication has scheduled a meeting for May 25, 1989. He asked that anybody interested in attending should contact the Town Clerk so as to RSVP by May 19th. Councilman Davis stated that the Town should show support. The Financial Matters were next presented to the Council. Councilwoman Harrison moved to receive items #1 through #10. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for May 9, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for May 9, 1989. The motion was seconded by Council- woman McRory and was unanimously carried. Councilwoman Harrison moved approval of the April 25, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilman Reynolds moved approval of the expenditure of $100.00 to the Colorado Veterans Fund. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Council discussed the School District Issue of whether or not an elementary school should be built on Tract P. Councilman Davis stated that Avon should participate in a study in regard to future planning for schools. It was the consensus of the Council that Avon should participate. -5- 0 • The Affordable Housing Issue was discussed. Councilwoman Harrison stated that Avon has to look hard at this issue and to establish Affordable Housing for the employees that work in restaurants, hotels, businesses, ski areas, etc. There being no further business to come before the Council, Council- woman Harrison moved to adjourn. The motion was seconded by Council- woman McRory. The meeting was adjourned by Mayor Nottingham at 9:05 p.m. R P CrTFULLY SUBMI Patricia J., ogle To n Clerk -6- APPROVED: