TC Minutes 02-26-19910
C
MINUTES OF THE REGULAR MEETING OF THE
TOWN COUNCIL HELD FEBRUARY 26, 1991 - 7:30 P.M.
The regular meeting of the Avon 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 Jerry Davis at 7:34 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Gloria
McRory, Jim Stovall and Tom Ptach present. Councilman David Garton
was absent. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Engineering Norm Wood, Director of Community
Development Rick Pylman, Director of Municipal Services Larry Brooks,
Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as,
members of the press and public.
The Mayor called for Citizen Input.
Suzanne Railton, resident of the Eaglebend Subdivision, approached the
Council. Ms. Railton had a concern of not being able to park
vehicles on streets in Eaglebend. She stated that she was not aware
of the Ordinance which prohibited street parking at all times. She
stated that her street was not a busy through road, and asked the
Council for some consideration when they have guests. She stated
that their property could not accommodate thos additional vehicles.
Councilwoman McRory felt there should be some flexibility.
Councilman Stovall stated that Avon was a small town and this should
not be a major problem.
Councilman Ptach suggested that a 24 hour notice to the police department
prior to a party or dinner guests.
After some discussion, it was the consensus of the Council that this
matter should be reviewed, possibly amend the present ordinance and
return to the next meeting.
Len Weas, General Manager for the Christie Lodge, approached the Council.
He stated that the Vail Resort Association (VRA) was contemplating
a major move. They world be moving to the Vail Village Inn. The move
would be in the amount of between $90,000 to $100,000 (VRA was a non-
profit organization). He stated that there was a move to get the
governments to contribute to this move. He stated that one-third of
the monies would go toward moving all the cabling for the Resort
Association.
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He stated that they were requesting a contribution of $5,000 from
Avon, or whatever Avon would consider.
Councilman Bennett stated that the Town of Vail was giving VRA a
favorable lease rate on the village property. He stated that the Town
of Vail was going to underwrite VRA's lease.
Discussion followed.
Councilman Ptach moved to direct the Town Manager to research to see
if there were funds available to contribute $5,000 to the Vail
Resort Association for their move, and on the contribution of the money
there would be three contingencies:
1. That the money would be contributed upon the move being completed.
2. That the space was assured to VRA for the period of ten to fifteen
years.
3. That this would be a one-time contribution.
The motion was seconded by Councilman Stovall and was unanimously
carried.
A resolution amending the 1991 budget would be prepared for the
next meeting.
There being no further Citizen Input, the Mayor closed that portion
of the agenda.
First reading of Ordinance No. 91-1, Series of 1991, AN ORDINANCE
AMENDING CHAPTER 6.04 AND CHAPTER 8.24 OF THE MUNICPAL CODE OF THE
TOWN OF AVON, RELATING TO DOG CONTROL AND PUBLIC NUISANCES.
Bill James stated that the last two council meetings, the Council had
general discussions about dog control for Avon. He stated that staff
had come up with a different definition for the meaning-of control
of a dog within the corporate limits of the Town. Mr. James then
reviewed the ordinance with the Council.
Section B, wordage was added, "that not only
on a twelve foot leash, or by voice control,
exercised by a person who is physically press
vocally communicate with the dog.
At that point, Councilman Reynolds suggested
control" be added to the ordinance.
The Council agreed.
did the dog need to be
but which would be
ant, and able to see and
that the words "electronic
In Section N-1, the words were also added to this paragraph, "or by voice
control, which is exercised by a person who is physically present and
able to see, and vocally communicate with the dog; or within the yard
of the owner, or other person responsible for the dog, or confined in
a suitable enclosure".
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Section 2(4), wordage was added, "a dog which is on Tract G (including
Nottingham Park) and the Avon Town Cener Mall, which no dogs are
allowed under any circumstances, is nevertheless not on a durable
leash, rope or chain.
Councilwoman McRory moved approval of ordinance No. 91-1, Series of
1991 with the changes. The motion was seconded by Councilman Bennett.
There being no further discussion, the Mayor entertained a roll call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes.
The motion was unanimously carried.
Resolution No. 91-4, Series of 1991, A RESOLUTION SUMMARIZING
EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1991 BUDGET
FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE
FIRST DAY OF JANUARY, 1991 AND, ENDING ON THE LAST DAY OF DECEMBER,
1991.
This resolution would authorize the Town Manager to appropriate
$88,000 in the Public Works Fund to be used to call the outstanding
Mall Assessment Bonds which were in the amount of $235,000.
Councilman Bennett moved approval of Resolution No. 90-4, Series of
1991. The motion was seconded by Councilman Reynolds and was unanimously
carried.
Next on the agenda was the discussion of the Firework Damage Claims.
Bill James stated that on July 7, 1990, 4th of July event, there was
some car damage caused by fireworks, and a number of claims were made
by people in and around the Benchmark Trailer Park, a total of 15 claims
were made. He stated that the insurance company had denied those claims
and would not pay.
The Mayor stated that the Town was not suggesting any liability, but
it was the Council's desire to try to come up with a solution that
would work for everyone.
Councilwoman McRory stated that the Town should pay the deductibles.
The total amount of those deductibles would be approximately $1,250.00.
Councilman Stovall suggested that all the claimants be contacted and
relay to them that the Town would be willing to pay their deductibles.
Councilwoman McRory suggested that the Town contact Western Enterprises,
Inc., to see if they would reimburse the Town of the deductibles.
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Councilman Stovall authorized the Town Manager to send a letter
indicating that the Town was willing to pay their deducitbles in those
instances where there was insurance and there were deductibles, to ask
the claimants to contact the Town within 30 days with some proof of
their deductible, and that the Town issue a joint check to them and
the body shop or, the insurance company, and as far as the individual
who did not have insurance, due to his insurance carrier going out of-
business, indicate to that person that the Town was willing to pay
his deductible. Furthermore, to have Al Connell talk to the Town
Manager and work with him in some equitable way. The motion was
seconded by Councilman Reynolds and was unanimously carried:
It was suggested that some wordage be,placed on the back of'the check
such as, "there is no admission of liability".
The Council agreed.
Next on the agenda was a report on commerical vehicles parked
in residential driveways.
Rick Pylman stated that the Council requested that staff review
Ordinance No. 91-17 in respect to a specific complaint which was
received by the Town. Mr. Tom Johnson had filed a complaint-regarding
a commercial van that regularly parked in his shared driveway.
After researching for other alternatives, staff felt that this
complaint was a neighbor problem.
The Town Council agreed and felt the ordinance was valid as written,
and that no revisions should be made.
Mr. Pylman stated that he would contact Mr. Johnson of the decision
so that he may respond if he wished.
Next on the agenda was authorization to award the contract for the
Avon Road Separated Grade Crossing.
Mr. James stated that there were a couple of issues that he wanted
the-Council to be aware of:.
1.- Putting a bike path underneath the Eagle River Bridge, which-was
included in the budget estimate;
2. -There was one retaining wall on the west side of Avon'Road that
they were trying to match on the other side on Hurd Lane; to curve
it somewhat.
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After some discussion, Councilman Bennett moved to authorize the
Town Manager to execute the Notice, of Award to Duckels Construction,
Inc. for construction of Avon Road Separated Grade Crossing Project
No. CC-CY 44-070H-24, in accordance with the base bid in the amount
of $2,906,672.13. The motion was seconded by Councilman Reynolds
and was unanimously carried.
Next on the agenda was the discussion of Forest Service Land Exchange.
Bill James stated that he had been contacted by Harold Williamson
who owns 653 acres of land north of the Cottonwood Development in
Edwards. He asked if the Town was interested in a land exchange of
his property for some of the forest service property in Avon.
Mr. James asked if the Council was interested in pursuing this matter
to make a determination if this exchange was feasible.
After some discussion, Councilman Ptach moved to authorize the Town
Manager to work with the U.S. Forest Service and the Colorado State
Division of Wildlife to explore the feasibility of a land exchange
between the Town of Avon and the land owned by Harold Williamson.
The motion was seconded by Councilwoman McRory and was unanimously
carried.
Next on the agenda was discussion of the Eagle County Woodburning
Control Committee update.
Rick Pylman stated that Jim Curnutte had attended a meeting of the
Eagle County Woodburning Control Committee. Rick gave an update
of what each town was doing in respect to the pollution problem.
(See memorandum attached to these minutes).
Councilman Bennett suggested that the town should require additional
dollars for building permits, and then use those funds for the
study, and possibly monitor the problem.
Councilman Stovall stated that Avon was experiencing other air
pollution problems rather than woodburning, such as, cars, dust, etc.
He felt it was too pre-mature to look into this issue at this time.
Councilman Reynolds suggested that the staff look into what other towns
and cities were experiencing in regard to this problem, to review
the statistics and to return at the next meeting.
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Next on the agenda was the Avon/Beaver Creek Resort Association and
their request for the use of the north lakeside area of Nottingham
Park for their upcoming Horse Show.
Jo-an Barnett gave a brief presentation to the Council in respect
to the Horse Show Classic. She stated that they were looking at doing
a show in Edwards, and the end of the Championship show would then
be held in Nottingham Park. She stated that she knew the park could
accommodate the event, and if the Town were not able to bring in
the in-kind services for the event, she would propose that the Resort
would hire that done.
Councilman Ptach stated that he would support the event, but did realize
Larry Brooks concern of not being able to hire an adquate number of
part-time help. He stated that hopefully next year, through the
budget process, the town could develop a special events staff.
Larry Brooks stated that it was not so much the money, but the
time off that the public works crew would appreciate. He stated that
the major concern of having the event in the park was the sod damage,
and the cost of restoration.
Bill James stated that there was roughly a budget of an additional
$15,000 to hire extra help. He stated that the park was used to its
max during the summer months.
It was the consensus of the Council that they did support the
Horse Show Event. The Resort was to work with Larry Brooks and Bill
James on the in-kind services, and to keep the Council informed.
The Mayor stated that the Vail Foundation had requested that Avon
install flages on Avon Road of all the countries during the ski classic.
The Mayor had received a letter in respect to the war effort. This
was a fund raiser for the USO - "Operation Desert Support". Tickets
were $150.00 each. All proceeds would go to the USO.
It was the consensus of the Council that they did not want to pursue
this matter.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive item #1. The motion was seconded
by Councilman Ptach and was unanimously carried.
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Councilwoman McRory moved approval
Payable for February 26, 1991. The
Ptach and was unanimously carried.
0
of the General Fund of Accounts
motion was seconded by Councilman
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for February 26, 1991. The motion was seconded by
Councilman Ptach and was unanimously carried.
Councilwoman McRory moved approval of the February 12, 1991 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Stovall and was unanimously carried.
Under other business, the Town Manager presented the Council with
a draft of the agreement between the Town of Avon and Avon Metropolitan
District and also a draft of the resolution relating to the agreement.
Mr. James stated that Council could review these documents and would be
placed on the agenda for the next meeting.
It was the consensus of the Council to hire Mark Donaldson as the
Architect for the Affordable Housing Project in Wildridge. Mr. James
stated that he would have Mark bring back a Scope of Services for the
next meeting.
There being no further business to come before the Council, Councilman
Reynolds moved to adjourn. The motion was seconded by Councilman
Ptach. The meeting was adjourned by Mayor Davis at 10:14 p.m.
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