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TC Minutes 02-24-1987MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD FEBRUARY 24, 1987 - 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 7:40 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also . present were Town Attorney John Dunn, Town Manager Bill James, Director of Public Works, Parks and Recreation Larry Brooks, Chief of Police Joe Olson, Planning Consultant Jim Lamont, as well as, members of the press and public. The Mayor called for Citizen Input. Joe Macy, Mountain Planner for Vail Associates, approached the Council. He stated that they were notified by the State in June of last year that there would be no funding for Regulation Weather Modification, that no permits, nor applications could be reviewed or issued and no activities could be regulated. Since that time, there has been new Government officials come aboard. He stated that Vail Associates were notified on February 6, 1987, that the Department of Natural Resources would begin to accept applications for the renewal of the existing permits for Weather Modification. The cost of the program for Beaver Creek Mountain was $24,352 if all the seeding hours were used. He stated that Beaver Creek Associates pay 500 of the cost, which would be $12,176, the Town of Avon would pay $9,132, and Beaver Creek Resort Company, $3,044. He stated that the allocation between Avon and Beaver Creek Resort Company was based on 25% of the total bed base being at Beaver Creek and 75% at Avon. He stated it was a 64 day program compared to a 90 day program last year. The increase in costs were due to liability insurance. Mayor Nottingham stated that it was essential that they try and insure a late season skiing program, and that he was in favor of supporting this effort to a certain degree. Counci-lman- T-7atkins:- felt =that since the funds were not budgeted, he didn't know what the Council could cut to come up with the funds for the program. • 0 Councilman Connell stated that budget time is when the Town considers requests of this type, and was not in favor giving the funds. Councilman Davis stated because of Avon not funding this program, it wasn't that Avon was not cooperating, nor was there a conflict, it was because times were tight. Bill James stated that Avon was in a tight position and stated that there were no funds, unless the Council wanted to re-evaluate the budget. The Council decided to wait until next budget year. Councilman Davis moved that the Town of Avon particiate in the Cloud Seeding Program with Vail Associates for the year 1987. The motion failed due to a lack of a second. The request was denied. Susan Vaughn, Director of Community Development, approached the Council. Ms. Vaughn was requesting a contribution of $2,500 to the Eagle County Recreation Task Force Study. Ms. Vaughn reviewed the status and brought the Council up to date of where the Task Force was at this time. She stated that they have raised $14,500. She had anticipated a budget of $20,000, but were $6,500 short of that goal. Mr. Metcalfe, County Administrator, approached the Council. He stated that he was speaking as a citizen. He emphasized the necessity of working together in a county-wide cooperation. He stated beyond the cash contribution, the symbolism of Avon's participation was very important. Avon is a key community in the I-70 corridor and Avon would benefit a great deal from this study. Councilwoman Harrison stated that just because Avon does not contribute funds for such studies, and programs, that it does not mean that Avon is not cooperating. She stated that there is just so much money to go around. Again, this should be discussed at budget time. Ms. Vaughn requested that the Eagle County Task Force be first in line at next year's budget. Ms. Vaughn stated they would come back to ask for the Council's comments on the Recreation Plan, and their input, and hopefully have a Plan that Avon would adopt along with the rest of the County. Councilman Davis moved to participate by giving a $1,000 contribution to the Eagle County Recreation Task Force. The motion failed due to a lack of a second. The request was denied. Second reading of ordinance No. 87-2, Series of 1987, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. The Town Manager stated that Colorado National Leasing was unable to place the loan. He stated that they did locate a new leasing company, First Municipal Leasing Corporation. He stated that the interest rate was 8.90. Mr. James recommended approval of Ordinance No. 87-2. Councilman Miller moved approval of Ordinance No. 87-2 on second reading. The motion was seconded by Councilwoman McRory. The Mayor opened the meeting for public hearing. -2- Councilman Watkins thought the policy was to replace the cars one at a time instead of replacing the whole fleet at one time. He stated that possibly the department should look into returning to the policy. There being no further discussion the Mayor closed the public hearing. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No. 87-6, Series of 1987, AN ORDINANCE ESTABLISHING A NUCLEAR FREE ZONE IN THE TOWN OF AVON, COLORADO, AND ESTABLISHING A PENALTY FOR VIOLATION THEREOF. Councilman Miller moved approval of Ordinance No. 87-6, Series of 1987, on second reading. The motion was seconded by Councilman Connell. The Mayor opened the meeting for public hearing. Bob Taylor representing the PAAX Citizen Group, approached the Council. He stated that there were over 130 communities, 60 of which have passed ordinances. He felt that there should be three additional actions in addition of passing the ordinance. 1. That Avon needs to become more fully informed on how nuclear wastes will be transported through Eagle Valley. 2. That Avon should develop a plan of action of how it can influence or prevent the transport of nuclear wastes through this area; and 3. That Avon should serve as a source for local public education on issues related to nuclear waste transport. He stated that signs were available to acknowledge that Avon was a nuclear free zone. Mr. Taylor requested that Council consider an additional section to the ordinance. Section 3 to read as follows: "The Town Manager is hereby directed to take such positive steps to further the intent and direction of this ordinance, and of making the Town of Avon a Nuclear Free Zone, as are legally authorized to municipalities.". After discussion the Council agreed to make the direction of the Town Manager in a form of a motion instead of part of the ordinance. There being no further discussion the Mayor closed the public hearing. Those Councilmembers voting aye were: Emilie Harrision, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were, no nay votes. The motion was unanimously carried. Councilman Watkins moved to direct the Town Manager to take such positive steps to further the intent and directions of ordinance No. 87-6,. Series of 1987, making the Town of Avon a Nuclear Free Zone, as are legally authorized to municipalities. The motion was seconded by Councilman Miller and was carried with Councilwomen McRory and Harrison opposing. It was agreed that the Town Manager would work with Mr. Taylor and the group to insure that the Town of Avon would be a Nuclear Free Zone. -3- • • Resolution No. 87-6, Series of 1987, A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW AUTOMITIVE REPAIR IN THE EAST HALF OF THE BUILDING LOCATED ON LOT 33, BLOCK 1, BENCHMARK AT BEAVER CREEK. Ray Wright stated that an application was made to request a Special Review Use to allow an Automotive Repair Shop(Barshop Building)which was located on Lot 33, Block 1, Benchmark at Beaver Creek. The second Special Review Use request was made to allow Off-Site parking on Lot 32, Block 1, Benchmark at Beaver Creek. Both lots 33 and 32, Block 1, was owned by Phillip Barshop. The Planning and Zoning Commission Members held a public hearing and reviewed the Special Review Use applications at the February 17, 1987 meeting. The Commission approved the request and recommended Council approval subject to specified conditions. These conditions were primarily attached to assure that adequate parking would be provided and maintained, and to prevent the visible accummulation of junk and disabled vehicles on the site. After discussion, Councilman Miller moved approval of Resolution No. 87-6, Series of 1987. The motion was seconded by Councilman Jerry Davis and was unanimously carried. Resolution REVIEW USE AT BEAVER Councilman 1987. The carried. No. 87-7, Series of 1987, A RESOLUTION GRANTING A SPECIAL TO ALLOW OFF-SITE PARKING ON LOT 32, BLOCK 1, BENCHMARK CREEK. Connell moved approval of Resolution No. 87-7, Series of motion was seconded by Councilman Miller and was unanimously The Town Attorney reported on the Peregrine Project. He stated that Magnet Bank, acting as the lead lender in connection with Peregrine Project, has commenced foreclosure of their Deed of Trust. He stated that the Town of Avon was included in their list of inferiors lien claimants and therefore, received Notice of the Foreclosure. The Town has a Judgement establishing the priority of its Special Assessment lien ahead of the Deed of Trust. Mr. Dunn stated that he, not feeling comfortable of the Magnet Bank proceedings, had filed a Motion for a preliminary Injunction to stop the Foreclosure until after the May Trial. He stated that he would be setting that next week. The Public Trustee's sale is scheduled currently for April 15, 1987. Meanwhile, in Federal Court in Denver, the law suit filed by Magnet Bank against PPL, in which the Town and Tyree and Associates had been brought into as third party defendants seems to be a more difficult and more complex law suit then first anticipated. The Town Attorney then reviewed the background of this matter with the Council. The problem was over the building permit and the building codes. There was a question of what documentation that permit go issued on the basis of. -4- • • The Town Manager reported on the Bond Issue for the Shopping Center. Mr. James reviewed the schedule of the proposed financing timetable. The Council then recessed at 9:30 p.m. and reconvened at 9:40 p.m. Mr. James then discussed the analysis of the financial impacts associated with the Shopping Center. The Town Manager reported on the Bus Service for the Christie Lodge. He stated that he had talked to the Management Company. He stated that they would be willing to pay the Town the $20,000 that was owed, and they have agreed to work out the problems on the additional $20,000 and the bus service over the next two months. Mr. James suggested that the Management Company come in and talk to the Council, and that the check be received by the next Council Meeting. Council agreed. The next item on the agenda was a request for a contribution to the Battle Mountain High School Nordic Ski Team. After discussion the Council felt that there was no funds available in the budget for this program. Councilman Davis suggested that a letter be drafted indicating that the Council did consider the request, but the budget would not allow the contribution. The Council turned down two other requests for considerably more that evening. He suggested the letter indicate that hopefully next year the Town would be able to contribute to the program. The request was denied. The Planning and Zoning Commission vacancies were next discussed. Ray Wright stated that there were four Planning and Zoning Commission Members whose terms expire May 1, 1987. They were: Pat Cuny, Mark Donaldson, Tom Landauer, Jeff Maddox. Staff recommendation was to request a letter of continued interest in the Planning and Zoning Commission Board from the present Commission Members for re-appointment. To advertise for the month of March in the local newspapers announcing the vacancies,,schedule interviews by the Town Council on the 14th and the 28th of April. Councilman Watkins so moved. The motion was seconded by Councilman Miller and was unanimously carried. The Financial Matters were next presented to the Council. Councilman Miller moved approval of the General Fund of Accounts Payable of February 24, 1987. The motion was seconded by Councilman Watkins and.was unanimously carried. Councilman Miller moved approval of the Transit Fund of Accounts Payable of February 24, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. -5- • a Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable of February 24, 1987. The motion was seconded by Councilwoman Harrison and was unanimously carried. The minutes of the February 10, 1987 Council Meeting was next presented to the Council. Councilman Miller moved approval of the February 10th Council Meeting Minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Davis had concerns of the.Highway Commercial Signs that the Highway Department was anticipating erecting on the highway. He stated that Representative Dan Williams was proposing a bill in the House that would allow the Highway Department to erect signs, and for the businesses to pay for. He was concerned of the visual aspects of the signs in the Town limits, and also the concern that Avon would have no control, that the control would be taken away of Avon having any say to the proposed signs. After discussion, the Council agreed to draft a letter of disagreement to the House Bill. Councilman Davis moved that the Town Manager draft a letter of concern and that the Town of Avon wants to maintain control of the Highway signs. The motion was seconded by Councilman Connell and was unanimously carried. There being no further business to come before the Council, Councilman Watkins moved to adjourn. The motion was seconded by Councilman Miller. The meeting was adjourned by Mayor Nottingham at 10:26 p.m. -6-