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TC Minutes 06-12-1984• 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING JUNE 12, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon 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 7:33 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al Connell and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Bill James, Building Administrator Dan Fog_land, Planning Director Jim Lamont, Superintendent of Public Works Dan Sunday, Chief of Police Joe Olson as well as members of the press and public. A.J. Wells was absent. The Mavor called for Citizen Input. The Mayor introduced the new reporter for the Vail Daily, Ms. Judy Rothschadl. She will be covering the Avon Council Meetings for the paper. The public hearing for the Lift Bus System was deferred until Mr. Jim Rubin arrived. Ms. Christine McGinley representing the Vail Institute approached the Council. Ms. McGinely reported on the progress of the Balloon and Bluegrass Festival. She presented the Council with a revised budget for the festival. She stated that a balloon sponsorship would cost $500 and that would include their banner on the basket of the balloon and that two people from that sponsoring business would be eligible to take a ride in the balloon. After discussion the Mavor thanked Ms. McGinley for coming. The Mayor called for the discussion of the Lift Bus System to proceed. Mr. Jim Rubin approached the Council. Mr. Rubin presented to the Council the Annual Report of the Eastern Eagle Valley Transportation Council. He stated that the report contained a recornendation on the Lift and some recommendations for the future of a bus system. He briefly reviewed the history of the Lift and summarized the contents of the report. He stated that the purpose of the'_:Co.uncil:,,Aas ..to ,basically study and evaluate the feasibility of alternatives in the development operations and maintenance of a regional transportation system, specifically the Lift itself. After reviewing and discussing the first part of the report Mr. Rubin stated that the Transportation Council recommended that the Lift Transportation Service be discontinued for the following reasons: 1) that the ridership was too low; 2) that the Lift equipment was in poor condition, that funds were not currently available to replace or overhaul the present equipment; 3) that Section 18 Federal Funds that were used to finance the system for the last few years were not available to purchase new equipment; 4) that the funds in Section 18 were really hard to come by and would require a higher contribution from the local entities to continue the service; 5) that Beaver Creek Transit was providing part of the service between Avon and Vail; 6) that the concept of the Lift which was to bring people into Vail and from Vail in the afternoon was not valid anymore due to changing conditions in the Upper Eagle Valley. He stated that the recommendation from the Transportation Council was•for Avon to take the necessary steps to terminate all contractual obligations relative to the Lift program. The equipment would be put up for auction and the proceeds would be returned to the Section 18 program:which funded the program to begin with. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the public hearing. Sheila Davis moved to authorize the Town Manager to take the necessary steps to terminate the Lift Service, to dispose of the equipment and any other steps that would have to be taken. The motion was seconded by Steve Miller and was unanimously carried. Mr. Rubin then continued. He stated that the second section of the report was in regard to the Price Waterhouse Study and he briefly reviewed the report with the Council. He stated that 1) it was recommended by the Transportation Council that the Transit Development Plan(TDP)should be completed by February 1, 1985; 2) that an outside consultant should be hired to analyze the information; 3) that immediate attention should be Given to the selection of a site and design of a maintenance facility; possibly consider a joint maintenance facility with Beaver Creek; 4) that the Transportation Council should play a key role in coordinating the transportation planning; 5) that the elected officials need to take an active role in this process; 6) that the transportation needs of the -lower valley(Eagle-Gypsum)should be reviewed and discussed. After discussion the Mayor thanked Mr. Rubin for coming and being that Mr. Rubin was leaving the area the Council wished him well in his future endeavors.(See the Annual Report of the Eastern Eagle Valley Transportation Council dated June 1, 1984). Terry Halverson approached the Council. He was representing the Upper Eagle Valley Chamber of Commerce. He stated that the Chamber had hired a Marketing Director, Ms. Judith Lofland. The Central Reservation System has been set up through Vail Associates which is through Beaver Creek Central Reservations. The lines should be in effect as of July 12th. He stated that the Chamber has formed. a Resort Association. The meetings would be held on every Tuesday at 9:00 a.m. He stated that the Chamber would be working on the winter brochures. Mr. Halverson stated that the Chamber was looking for an office and possibly would open within a week. Mr. Halverson was also requesting that the Council authorize the balance -2- 0 • of the funding for the Chamber for the remaining seven months. After discussion Don Buick moved that Council remove the contingency upon the Chamber hiring a,director, and to approve the balance($3,500 per month)for seven months for a total amount of $35,000 for the year. The motion was seconded by Steve Miller and was unanimously carried. Second reading of Ordinance No.#84-5, Series of 1984, AN ORDINANCE AMENDING CHAPTER 8.24 OF THE TOWN CODE OF THE TOWN OF AVON AS IT PERTAINS TO AREAS PROHIBITED TO DOGS AND AS IT PERTAINS TO DOG WASTE. The Mayor opened the meeting for public hearing. Dick Dixon, resident, felt that 900 of the problem was the dogs running at large during the night time hours. There being no one else wishing to be heard, the Mayor closed the public hearing. Councilman Watkins felt that Section 8.24.052 (depositing dogs waste)should be deleted from the ordinance and made a motion to do so. There was no motion to second and therefore the motion died. Councilman Miller felt that the paragraph should be left in the ordinance for leverage. After discussion Sheila Davis moved approval of Ordinance No.#84-5, Series of 1984 on second reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Steve Miller, Sheila Davis, Al Connell and Don Buick. Clint Watkins voted nay. The motion carried. First reading of Ordinance No.#84-6, Series of 1984, AN ORDINANCE CONCERNED WITH PROHIBITING UNLAWFUL CONDUCT ON PUBLIC PROPERTY, AUTHORIZING THE TOWN MANAGER TO ESTABLISH ORDERS, RULES AND REGULATIONS FOR THE MANAGEMENT THEREOF, AND ESTABLISHING A PE14ALTY FOR THE VIOLATION OF SUCH ORDINANCE. The Town Attorney reviewed the ordinance with the Council. After discussion Clint Watkins moved approval of Ordinance No.#84-6, Series of 1984 on first reading. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Clint Watkins, Steve Miller, Sheila Davis, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No.#84-7, Series of 1984, AN ORDINANCE AMENDING CHAPTER 2.12 OF THE TOWN CODE OF THE TOWN OF AVON PERTAINING TO THE POLICE DEPARTMENT OF THE TOWN. The Town Attorney stated that the changes were discussed at the last work session and that this ordinance incorporates the changes. Mr. Dunn reviewed the ordinance with the Council. After discussion Sheila Davis moved approval of Ordinance No.484-7, Series of 1984 on first reading. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Clint Watkins, Steve Miller, Sheila Davis, Al Connell and Don Buick. There were no nay votes.- The motion was unanimously carried. Resolution No.#84-21, Series of 1984, A RESOLUTION IN APPRECIATION OF CLINT WATKINS FOR HIS SERVICES ON THE PLANNING AND Z014ING COMMISSION. The clerk read the resolution in its entirety. Al Connell moved approval of Resolution No.#84-21 as read. The motion was seconded by Sheila Davis and was carried with Clint Watkins abstainina. -3- • • Resolution No.#84-22, Series of 1984, A RESOLUTION IN APPRECIATION OF JIM MEEHAN FOR HIS SERVICES ON THE PLANNING AND ZONING COMMISSION. Al Connell moved approval of Resolution No.#84-22 as presented. The motion was seconded by Don Buick and was unanimously carried. Resolution No.#84-24, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR REDUCTION IN PARKING REQUIREMENTS FOR SUNRIDGE II, LOTS#1 and #2, BLOCK#3, BENCHMARK AT BEAVER CREEK. Jim Lamont stated that at the P & Z's May 24th meeting an application was made for a parking reduction. Sunridge II intends to build a clubhouse. He stated it was the consensus of the Commission that since the facility would be :used by onsite residents that parking reduction from 307 spaces to 272 spaces was warranted and that there would be no increase in traffic on the site. Mr. Lamont stated that the Commission approved the above with the modified condition that it be restricted, that no commercial facility be included on the site. Clint Watkins moved approval of Resolution No.#84-24 as recommended. The motion was seconded by Sheila Davis and was unanimously carried. The Town Manager reported on the financing of the new buses. He stated that he had received two quotes on the financing of the buses to be purchased by the Town of Avon and Beaver Creek. The third quote came in from Colorado National Leasing at 11.25%. After discussion Sheila Davis moved to authorize the Town Manager to proceed with the drafting of the documents with Colorado National Leasing at the rate of 11.25% and that the lease agreement with Beaver Creek Transit be drafted and presented to the Council at a later date. The motion was seconded by Al Connell and was unanimously carried. It was stated that even though the Town was leasing the buses, the Town would not be responsible for the payments. The Town Manager stated that all the mechanics would be worked into the agreement. The Town Manager reported on the bus advertising program. He reviewed the program with the Council. It was recommended that design review for signs be performed at the staff level and that it be referred to P & Z only if staff would feel the design was questionable or should be denied. It was also recommended that this program be adopted as soon as possible in order that sales may be started. This would allow new advertisers adequate time to have their signs designed, approved and printed.and that the rate schedule be established as presented. Don Buick so moved. The motion was seconded by Al Connell and was unanimously carried. The Town Manager reported on the Wind Surfing and Kayaking on Avon Lake. He stated that Duane Davis had submitted a letter recommending to the Avon Metropolitan District(AMD)not to allow any surfing activities on the lake or any other body contact sport that may tend to degrade the water quality in the lake. Mr. James stated that he would like to refer this matter to the AMD on the June 20th meeting so as to receive input from them on this matter. Council requested that the Town Manager contact the State of -4- • • Health Department to see what the health requirements were as far as body contact in the lake. Councilman Buick stated that Council didn't want to rely on just Mr. Davis's recommendation. Councilman Watkins felt that Council should take the position and would like to see wind surfing on the lake and felt that the Council should take this initiative and push for it. Councilman Connell agreed. The Mayor stated that he thought that AMD had the final say, that AMD was allowing the Town of Avon to use the lake on a recreational basis. It was stated that the Town Manager report back to the Council at the next regular meeting on this matter. Resolution No.#84-23, Series of 1984, RULES AND REGULATIONS GOVERNING NOTTINGHAM PARK. Dan Sunday reviewed the resolution with the Council. He stated that this was only a draft and was on the agenda to allow the Council input. The Council had concerns with rule (2)No overnight camping or open fires, Bar-b-Que grills are provided; (3) no golf allowed anywhere in the park; and in the rules for Nottingham Lake; (14)Consumption of alcoholic beverages while boating is prohibited. A lengthy discussion followed. Al Connell moved to delete item #14 from the resolution. The motion was seconded by Clint Watkins. After discussion Councilman Connell withdrew his motion. The Council felt there were too many rules and regulations for the park. Don Buick felt that the resolution should be given to the Town Attorney and have him come up with some generic broad brush rules for section #1 of the resolution needed for the park and that in section #2 of the resolution he felt that there were too many rules for the lake (overkill) and felt that the attorney should come up with some concise rules and then report back to the Council at the next meeting. Mr. Sunday reported on the fees and services for the Log Cabin. The Council discussed the costs of the refreshments that would be for sale. It was agreed to sell refreshments for $.50. The Council discussed the rental sports equipment, fishing rods, tennis racquets, fishing licenses and bait at length. The Council agreed to delete the selling of lottery tickets. Steve Miller moved to table resolution No.#84-23 based on further research and to contact other local merchants. The motion was seconed by Sheila Davis. Further discussion followed. Sheila Davis amended the motion to give approval of the refreshments aspect and direction that the rental sports equipment list would be returned to the Council at the next regular meeting for review. The amended motion was seconded by Clint Watkins. The selling of worms and other bait was discussed. Councilwoman Davis stated that she would include the selling of fishing bait into her motion. Councilman Watkins stated that he would not second that amended motion if the fishing bait was included. -5- • • At that point Sheila Davis withdrew her amended motion all together. Mrs. Davis moved approval of the refreshments, to pursue the fishing equipment from Western Sun Sports and also approval of the selling of fishing licenses, tackle, fishing line, worms and bait. The motion was seconded by Steve Miller and was carried with Clint Watkins voting nay. The Town Manager reported on the Jerry Ford Invitational Golf Tournament. Mr. James stated that he met with Bob Barrett of Barrett and Associates. Mr. Barrett informed him that there was a waiting list of 33 corporations that wanted to participate in the $9,000 player sponsorship. He stated that that would eliminate Avon from participating in that type of sponsorship. Mr. Barrett's idea for Avon's participation would be co-sponsorship for the afternoon Bar-B-O, that the Town would split the fee of $12,000 with another sponsor. Mr. Barrett informed Mr. James that he was open to any new ideas that the Council may have. Mr. Barrett was scheduled for the 26th Council Meeting to discuss this matter with the Council. Councilman Miller felt that Mayor Nottingham should participate in the event, that it would only be right. Mr. Connell and Mr. Buick agreed. They felt that Avon should not rush into the co-sponsorship of the Bar-B-Q. It was suggested to hold out for something else and felt that Avon deserves to be a participating sponsor. Councilman Watkins agreed. Councilwoman Davis felt that possibly the $6,000 co-sponsorship might be worth while dnd well spent, that there would be notoriety for Avon as far as the banner and the brochures. The Mayor suggested that the Council wait and talk with Mr. Barrett at the 26th Council Meeting on this matter. The Town Manager summarized the items of the afternoon session. He stated that members of the Council and the School Board had taken a tour to the Eagle Valley school sites. He stated that the Council did give some indication of their approval of a Master Plan for the Tract P site, that basically the Town of Avon and the Sanitation District would need about 2 1/2-3 acres for their facilities. The Town of Avon and the School District would have joint use of Tract G for open space. There was some direction for the Town Attorney to draft an outline for all the interested parties involved and to come to a decision for a formal agreement for basic parcels for the various interests of all parties. He stated that the Master Plan would be presented to the School Board on Wednesday night. Sheila Davis moved to authorize the Town Attorney to draft an outline of the basic parcels regarding Tract P for each of the interested parties involved. The motion was seconded by Don Buick and was unanimously carried. The Council requested that the Town Manager attend the School Board Meeting Wednesday night. -6- 0 0 The additional information of TDR'S presented by Jim Lamont would be discuss- ed at the next meeting of the 26th. The Town Manager requested some input from the Council in regard to when the work sessions should begin. Mr. James suggested that they begin at 6:15 p.m. He stated that this would not add that much more to the Council Meetings, but that the members would riot be able to break between the meetings. The Mayor stated that he did not want the meetings running until 12-1:00 a.m. A lengthy discussion followed. Don Buick moved to leave the time of the work sessions to the discretion of the Town Manager. The motion was seconded by Al Connell and was unanimously carried. The Financial Matters were next presented to the Council. Don Buick moved to receive items #1 through #12. The motion was.seconded by Al Connell and was unanimously carried. Clint Watkins moved approval of the General Accounts Payable of June 12, 1984. The motion was seconded by Steve Miller and was unanimously carried. Don Buick moved approval of the Mall Maintenance Fund, The Lift Fund, Capital Projects Fund, Transit Fund of Accounts Payable of June 12, 1984. The motion was seconded by Steve Miller and was unanimously carried. Clint Watkins moved approval of the Reconciliation Fund of Accounts Payable of June 12, 1984. The motion was seconded by Sheila Davis and was unanimously carried. The reading and approval of the May 22nd Council Meeting was next presented to the Council. Don Buick moved approval of the May 22nd meeting with these corrections. Page 2, line 13, change "motion" to "vote", page 4, last line on the page, add, "committee of the Avon Open Golft Tournament. The motion was seconded by Don Buick and was unanimously carried". With those corrections the motion was seconded by Al Connell and was unanimously carried. Jim Lamont reviewed the memorandums that were presented from the Planning and Zoning Commission. 1) Conflicts of Interest. Mr. Lamont stated that at the last P & Z meeting the Commission discussed whether or not its, members should be permitted to present projects in which they have a direct or indirect personal interest to the Commission. He stated that while the Commission felt that the practice was acceptable, that the approval or guidelines regarding this subject should come from the Avon Council. Mr. Lamont stated he would come back to the Council with a recommendation on this matter. -7- The 2nd memorandum was that the P & Z Commission had determined that the payment of a full review fee at the Conceptual Review stage of a project was both excessive and counter productive. That the current practice tends to discourage the exchange of ideas at the early stages of a project, which is exactly the opposite of what must be considered as the most desireable procedure. He stated that the Commission strongly recommends that the Town Council reduce the fee required for a Conceptual Review to a level that would permit or even encourage early contact with the Commission. The Commission felt that Conceptual Review fee of 100 of the total Planning and Zoning Commission review fee, but not less than $50.00 should possibly be considered. The Commission requested that possibly the Council would want to consider the establishment of some guidelines as to the extent of a Conceptual Review, i.e., a Conceptual Review could be limited to projects at a schematic design stage. He stated that the Commission would appreciate direction on this matter. The 3rd memorandum was the Home Delivery Status report. Mr. Lamont stated that there were three general topics discussed at the Commission meeting; 1) toirap,ro~'?e~ the current post office parking conditions at the facility; 2)1possibly a new and independent facility located and designed to handle high traffic volume generated by a postal facility; 3) the implementation of a home delivery system in order to reduce the traffic volume at the existing facility. He stated that after discussion on this matter the Commission felt that the Council consider passage of a resolution indicating its' support of a Neighborhood Delivery and Collection Box Unit System and encourage the public to support.the concept. No action was taken. There being no further business to come before the Council Don Buick moved to adjourn. The motion was seconded by Steve Miller. The Mayor adjourned the meeting at 11:10 p.m. Respectfully Submitted: Patricia J. Doy]~6, Town Cle -8-