TC Minutes 02-27-1990E
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MINUTES OF THE REGULAR TOWN COUNCIL
MEETING HELD FEBRUARY 27, 1990 - 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 7:48 p.m.
A roll call was taken with David Garton, Albert Reynolds, Mike Bennett,
Gloria McRory; Jim'Stovall and Jerry Davis present. Also present
were Town Attorney John Dunn,!Town'Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services Larry Brooks;
Director of Community Development Rick Pylman,,Fire Chief Charlie
Moore, Town,-Clerk._Patricia.J. Doyle, as well,as, members of the press
and public.
The Mayor called for Citizen Input.
Ted Martin with U.S. Sports and, representing the Mountain Man Triathlon
approached the Council.
Mr. Martin updated the Council on the event. He reviewed the air dates
of when the event would be shown. Mr. Martin thanked the Town Council
for their support for this event. He stated that there were 196
competitors this year. He also gave special thanks to the Public Works
crew for a-fine job they did in preparing the ice'and.the set up for
this event. He stated that next year the event was scheduled for
February 2, 1991.
The Mayor thanked Mr. Martin for his comments.
Charlie Wick, representing the Eagle Valley Child Care Task Force
approached the Council. Mr. Wick stated that purpose of this Task"-Force
was to assess child care resourses and to act as a catayst to facilitate
improvement of availability, affordability, accessibility, and; the
quality of care for all the children in Eagle County. He stated that they
needed to raise money before they could commit to the assessment. The
cost of the assessment would be approximately $25,000 from Avon.
After some discussion, Councilman Davis moved approval of the expenditure
of $1,500 for the Eagle Valley Child Care Task Force - Child Care
Assessment Team. The motion was seconded by Councilwoman .McRory and
was unanimously carried.
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Len Weas, General Manager of the Christie Lodge approached-- the-Couincil.
He stated that.the Christie Lodge was able to extend and be accepted
as the Post-Hotel for the U.S. Pro-Team. He wanted to invite the Town
Council to a press hearing meeting and a autograph-session which was
scheduled from 5:00 p.m. to 7:00 p.m. at the Christie Lodge.
He had hoped that the Council could attend.
Mr. Weas had a concern of the re-scheduling date of the Balloons, Bluegrass,
and BBQ,Event.for 1990. The event would take place-in July instead
of August. He stated that there was no input from the lodging community
about this change. He stated that he has bookings for summer lodging
based on this event, because visitors thought this event was to take
place in August. He felt it would have been courteous"that:_the;ReSort
Association would have least tested the larger lodges in Avon before
this change of such significance was made. He stated that it would
cause him some problems.
After,some discussion, the Mayor stated that Mr. Weas's comments were
well taken and that the lodges should have had some input.
No action was taken.
There being no further Citizen Input, the Mayor closed that portion of
the agenda.
First reading of Ordinance No. 90-1, Series of 1990, AN ORDINANCE
REPEALING AND RE-ENACTING CHAPTER 5.04 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON TO.PROVIDE FOR AN OCCUPATIONAL TAX; PROVIDING DETAILS
IN CONNECTION THEREWITH; AND PROVIDING PENALTIES FOR THE VIOLATION.'
HEREOF.
John Dunn reviewed the ordinance with the Town Council. He stated that
this ordinance followed the Town of Breckenridge's ordinance. The
definition of "Employee" was changed from 20 hours to 30 hours as
minimum hours worked. The business license fees were discussed. He
stated that he also followed the Breckenridge's approach on how to
calculate the number of employees hired - that each business was
to advise the-Town at the time of application, of the highest number
of employees the applicant had for the subject business for anyone
month in the prior year - or for the new businesses the number of
employees applicant intends to employ for anyone month for the current
year.
The effective date of this ordinance would be
become a new tax rather than rolling over the
ten dollars. The money from this fee would go
the Town.
April 2, 1990. This would
Town Registration fee of
into the General Fund of
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Councilwoman McRory suggested that she would like to see these fees
go toward Marketing.
Councilman Davis stated that it should not be earmarked for any one
thing, but should be used for things such as general operations for the
Town.
Mr. James suggested that between first and second reading, the ordinance
be mailed out to all the Town businesses with a cover letter showing
that the fees would be going toward general operations of the Town.
He stated that with Valerie Smith's help, they would bring back a
public relations program to get this information out to the businesses,
and then to have the public hearing set for March 27, 1990.
Councilman Reynolds moved approval of Ordinance No. 90-1, Series of
1990 with the stipulation that between the first and second reading,
the ordinance would be mailed out to all the businesses in Avon with a
cover letter showing that the fees would go toward general operations
of the Town, and that the public hearing be scheduled for March 27,
1990 at 7:30 p.m. The motion was seconded by Councilman Davis.
There being no further discussion, the Mayor called for a roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were
no nay votes. The motion was unanimously carried.
Resolution NO. 90-4, Series of 1990, A RESOLUTION TO AMEND THE 1990
TOWN OF AVON BUDGET.
Bill James stated that he would like to combine 4-a and 5-a of the
agenda, which were basically the same. He stated that the $140,000
was for the preliminary design of the railroad crossing on Avon Road.
The Council was presented with an outline of the study. He requested
that Council give authorization to amend the 1990 budget in the amount
of $140,000 to start this preliminary design program for the railroad
crossing. The only proponent that was missing was the financing from the
State of Colorado, which would soon be resolved. The $140,000 would be
reimbursed back to the Town out of the Bonding Issue.
Councilman Davis stated that it should be made clear that the pedestrian
issue was covered, that there would be pedestrian ways on both sides
of the underpass, which would consist of a shoe-fly underground
passage-way for pedestrians to move under the railroad and, whether or
not that could be added to the scope of work.
Mr. James stated that they were also going to research to see if there
could be a pedestrian underpass at the Eaglebend site as well. Mr. James
suggested that Council and staff go through the whole project with
Centennial Engineering, Inc. on March 13, 1990.
The Council agreed.
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Councilman Garton moved approval of Resolution->No. 90-4, Series of 1990,
The motion was seconded by Councilwoman-McRory and was unanmously carried.
Councilwoman McRory moved approval of the preliminary design which
was provided to the Council by Centennial Engineering, Inc. for the
railroad crossing. The motion was seconded by Councilman Reynolds
and was unanimously carried.
Councilman Bennett moved to table the Settlement Agreement between
Avon Metropolitan District vs Upper Eagle Regional Water Authority
and the Town of Avon because the Agreement was not ready for final
action. The motion was seconded by Councilman Garton and was unanimously
carried.
Three of the Planning and Zoning Commission members terms will expire
May of 1990 (Clayton McRory, Denise Hill and John Perkins).
Councilman Stovall moved to direct staff to advertise in the local
papers for the three vacancies. The motion was seconded by-Councilman
Garton and was unanimously carried.
Next on the.agenda was the Sublease Agreement between City Market, Inc.
and the Town of Avon...
Mr. James stated that the Town had been working with City Market in
respect to the expansion of 10,000 square feet-to that building.
The expansion would be, 5,000 to the north side of the building, and
5,000 square feet to the south side of the building. Under--the expansion
plans, the Town of Avon would like to lease 5,000 square feet for the
Town's purposes, which would be for a library, and the Avon/Beaver Creek
Resort Association's offices. If that move occurs, he stated that the
Town anticipated asking the County to move their annex offices in the
Chamber's space, at the Town Hall: He stated that the 5,000 square feet
at the City Market would be for a period of five years, at which time
City Market anticipated that they would move into that space. The'-
5,000 square feet of-.space would be paid for by the Town of Avon, and that
the space,would be free of charge to the library and to the Resort
Association. The price amount for the space would be a one-time payment
for five years in the amount of $156,440, which averages around $8.00
a square foot. Mr. James stated that there would be no common costs,
but there would be'a cost for the parking maintenance, snow removal, and
real estate tax, if there were any.
The space would be leased to the County, if they were to move into the
Town Hall.
Councilwoman McRory moved approval of the Sublease Agreement between
City Market, Inc. and the Town of Avon, and directed the Mayor to
execute the document. The motion was seconded by Councilman Reynolds
and was unanimously carried.
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The draft amendment of February. 14, 1990 in respect to the
Intergovernmental Agreement between Eagle County, Town of Avon and
Town of Vail was next presented to the Council..
John Dunn stated that Vail was having difficulty with the participating
of Town of Avon and-.the County in the acquisition of the Miller-parcel.
He stated there was a concern of the way the first draft of the
Agreement was written that the Town of Avon or,'the-County would have
the power to, in effect, veto the acquisition if Avon did not agree to
the terms of the purchase.. Mr. Dunn stated that he.assumed that
if Avon agreed to this amendment, it would bring the'Vail Town Council
up to the level of comfort. This amendment also provided that if
negotiations were commenced to acquire the.Miller parcel,the negotiating
party must notify the other parties-within five days' and there must
be an attempt in good faith, to agree on terms'and conditions, and if
that does not happen, then the negotiating party may accept the
final offer of the seller of the parcel. Mr. Dunn stated that::,he felt
comfortable with the amendment and if the Town Council was comfortable
with-this amendment, he would recommend that they proceed-with this
project.
Councilman Garton moved approval to.-accept the amended language and make
it part of the Intergovernmental Agreement between Eagle County, Town
of Avon and Town of Vail. The motion was unanimously carried.
The Financial Matters were next presented to the Council.
Councilman Bennett moved approval of the General Fund of Accounts
Payable for February 27, 1990. The motion was seconded by.Councilman
Reynolds and was unanimously carried.
Councilman Bennett-'...moved approval of the Reconciliation Sheet of
Accounts Payable for February 27, 1990. The motion was seconded by
Councilman Reynolds and was unanimously carried,
Councilman Bennett moved approval of the February 13, 1990 Council
Meeting minutes as presented. The motion was seconded by Councilman
Davis and was unanimously carried.
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There being no further business to come before the Council, Councilman
Garton moved to adjourn. The motion was seconded by Councilman
Bennett. The meeting was adjourned by mayor Nottingham at 8:50 p.m.
The Town Council then referred back to the work shop items that were
not discussed earlier.
RESP CTFULLY SUBM
Patricia J oyl
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