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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. F-1 L 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". -2- • 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. -3- 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. -4- • 0 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. -5- i 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. -6- E J 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. -7-