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TC Minutes 10-25-19880 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD OCTOBER 25, 1988 - 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. A meeting was called to order by Mayor Allan Nottingham at 7:37 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory and Al Connell present. Councilman Jerry Davis was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Engineer Norm Wood, Director of Planning Lynn Fritzlen, Director of Public Works/Parks and Recreation Larry Brooks, Town Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. Kevin Payne, Executive Director of Avon/Beaver Creek Resort Association approached the Council. Mr. Payne reviewed the past year of events with the Council, such as, Special Events, Transportation/Special Projects, Membership/Political, Town Contributions/Percentage of Budget. He stated that they would be deleting the Vintage Car Race for 1989. After some discussion, Mr. Payne requested an increase in the Contribution from the Town of Avon in the amount of $50,000 to $60,000. Councilman McRory requested to see the Resort's $340,000 budget. Mr. Payne agreed. Councilman Miller had a concern of the increase in the contribution. Jerry Jones from Vail Associates approached the Council. Mr. Jones complimented the Resort Association for the leadership role they have taken over the last two years. Cliff Aarons, local resident and owner of a business in Avon approached the Council. He stated that after joining the Resort Association, he felt it has given him the opportunity to meet people, and felt it has helped his business. He stated that the Resort was a big key to the success of the valley. Tom Landauer, businessman in Avon approached the Council. He stated that the Association has brought a lot of people into Avon, and he supported the Resort Association all the way. Mr. Payne stated that he understood that there was just a limited amount of funds to go around, but asked that the Council take the request into consideration. Mayor Nottingham stated that Council would take the request into consideration at this budget time. E • Ann Sandsbury, Secretary of the Board for Bravo Colorado approached the Council. She was requesting a donation from the Town of Avon in the amount of $5,000 to support Bravo Colorado. She stated that Bravo Colorado brought fine Classical Artists into the valley. Councilman Miller asked of what the potential would be to have some of the events in Nottingham Park during the summer months. Ms. Sandsbury stated that there were some concerns, and that she would have to discuss that request with her artistic Director. After some discussion, the Mayor stated that the Council would take the request into consideration. Marka Moser with the Task Force for Drug Free Colorado, approached the Council. She stated that there were 56 communities that belong to that Chapter. She was requesting funds to go toward the actual survey. The cost of the survey would be approximately between $1,800 and $2,000. Ms. Moser was requesting a contribution of between $200 and $400. She stated that she needed Council's support for this program. The Mayor stated that the Council would take the request into consideration. Lance Beutel with the Vail Junior Hockey Club approached the Council. He reviewed the program with the Council. Mr. Beutel was requesting that Avon contribute funds that would go toward a Avon Banner. This Banner would be hung in the Dodson Arena from the month of November, 1988 to March, 1989. The Banner would cost approximately $540. The Mayor stated that Council would take the request into consideration. First reading of Ordinance No. 88-14, Series of 1988, AN ORDINANCE IMPOSING AN EXCISE TAX FOR GENERAL REVENUE PURPOSES ON THE OCCUPATION OF TIME-SHARE UNITS WITHIN THE TOWN OF AVON; PROVIDING METHODS FOR THE COLLECTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. The Town Attorney recommended that the Ordinance be adopted on first reading and set public hearing for the next regular Council Meeting November 9, 1988. Councilman Miller so moved. The motion was seconded by Councilman Connell. Councilman Watkins felt that Section 3.36.040, "Credit for Sales or Accommodation Taxes paid", be deleted from the Ordinance. Mr. Dunn stated that the purpose of that Section was to avoid an argument that taxation amounts would double taxation. He felt that it was important that the credit be part of the ordinance. -2- 0 The Town Manager stated that from the Town, it would approximately be $33,000, and another $12,000 credit of the State portion, a total credit of $45,000. Councilman Watkins questioned the reason for the State Tax. Mr. Dunn explained of how he arrived at the reason for including the State Tax. Mr. James clarified the issue, and stated that the credit would be up to $50,000 for the State Fee, County Fee and the Town Fee, and the 2/10's for the Tourism Tax for the rooms. Mr. Dunn stated that in regard to Judge Jone's Ruling, the proposed Tax would be enforceable. The Mayor entertained a roll call on the motion. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory and Al Connell. There were no nay votes. The motion was unanimously carried. Resolution No. 88-21, Series of 1988, A RESOLUTION APPROVING A PRELIMINARY/FINAL PLAT AND PROTECTIVE COVENANTS OF A DUPLEX SUBDIVISION A RESUBDIVISION OF LOT 40, BLOCK 2, TOWN OF AVON, EAGLE COUNTY AND FINAL SUBDIVISION PLAT AMENDMENT NO. 4., BENCHMARK AT BEAVER CREEK. Robert Brownlee had submitted a Preliminary/Final Plat and Protective Covenants Agreement for a duplex subdivision for Lot 40, Block 2, Benchmark at Beaver Creek. Ms. Fritzlen reviewed the map with the Council. She stated that the Plat and Agreement had been reviewed by the Town Attorney and the Town Staff and had found that they were in general conformance with the Town of Avon Standards. Councilman Connell moved approval of Resolution No. 88-21, Series of 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. The proposed 1989 Town of Avon Budget was next presented to the Council. This was a public hearing on the proposed budget. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Town Manager stated that the revised Document reflected a Fund Balance at the end of 1988, in the General Fund of $183,339, and in 1989, a budget estimate of a Fund Balance of $141,821. He stated that there was a discussion that the Town consider taking back the Bus Service, and authorizing the expenditure for the 1988, 1989 budget'- '88, '89 ski season, for an additional $40,000 to take care of that arrangement with the County. He requested that the Council authorize him to enter into a Agreement, authorize the Mayor to sign the said Agreement in accordance with the guidelines that the Chamber was utilizing before. -3- 0 0 Councilman Miller moved to amend the budget to reflect the $40,000, as well as, authorize the staff, in consideration regarding the buses, to draft a contract with the County. The motion was seconded by Councilman Connell. Councilman Watkins asked that the Town Manager once again clarify the $40,000. Mr. James stated that basically the Town of Avon would pay all the costs associated for the '88, '89 ski season for the contract with the County from November 1, 1988 to October 31, 1989, to provide bus service for Avon. The funding level so far has been made up $120,000 in Accommodation Tax, $70,000 which the Council has already given an indication to provide those funds for the System. The staff was recommending that Council increase that $40,000. He stated that the Town would fund the difference between the County contract and the Accommodation Tax, and the Town's contribution. The Mayor intertained a vote on the motion. The motion was unanimously carried. Councilman Watkins moved to amend the contribution to the Avon/Beaver Creek Resort Association from $50,000 to $60,000, contingent upon the Council receiving a copy of the Resort Association's budget. The motion died due to a lack of a second. Councilman Miller moved to authorize #300 contribution to the Committee for Drug Free Colorado. The motion was seconded by Councilwoman McRory and was carried with Councilman Watkins opposing. It was stated that at the next meeting, the 1989 budget would be adopted, along with the amended 1988 budget, and the Mill Levy would be certified. The Council discussed the proposed Special Fund for the Community Center. Councilman Watkins moved to set up a separate fund, to put 50% of the remaining Fund Balance of the Public Works Fund into a fund for a Community Center. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Connell moved to authorize the expenditure of $1,500 for the Statue Pedestal. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Access Road between Avon Road and the Shopping Center was next presented to the Council. Lynn Fritzlen stated that Council had directed the staff to look into alternatives to create access through the shopping center district which lies east of Avon Road. Ms. Fritzlen reviewed the maps and the two alternatives with the Council. After discussion the Council felt that Alternative #2 would be acceptable. Norm Wood recommended that Council give direction that alternative #2 would be acceptable, and direct staff to negotiate with the two property owners to establish those easements for the best workable solution, and keep the widths of the easements to a minimum. -4- 0 Councilman Miller so moved. The motion was seconded by Councilwoman Harrison and was unanimously carried. Next on the agenda was the discussion of the TV Translators. Be it noted that Al Connell stepped down because of conflict of Interest. Cal Thomas stated that there were a couple of revisions to the Agreement: Page 5, end of the first paragraph, the additional wordage was as follows: "If the parties are unable to agree to a fair market value, the same shall be determined pursuant to Article 13". Page 3, paragraph 7-1(A)(C);5th line, change $100,000 to $150,000, change $300,000 to $400,000; Page 2, paragraph 4.1(A), change to read; "The approval by the Town of Avon for the use of the licenses by the Corporation".; Page 1, paragraph 3, was suggested that there should be some time frame. Mr. Thomas stated that he had a concern on that change because they have little or not control over the districts when they make their decision. He stated that one serious problem they had, was that Eagle- Vail has to revise their service plant for their Metro District, which would be an approval by the County, approval by the Court, and then an Election. The Mayor stated that he had a concern of moving ahead so fast on this issue, but if the Town transfers these licenses today, and it the other entities drop out of the picture, there would not be any participation effort, there would be no support, and the governing entities would have to collect the funds. He felt that Pinnacle Corporation was damaging themselves. He stated that if they would wait until the Study was complete, the time table would be much better. Coundi~lman Watkins stated that it did bother him because he did support this issue to go ahead with this and to receive an Agreement that was not any different than the one page Agreement that was before them earlier was very disappointing. He stated that he could not support this issue at this time. Councilman Miller moved to table the Television Translator License Agreement until after the County Study. This motion was seconded by Councilman Watkins and was carried with Councilwoman Harrison opposing. The Mayor discussed the Amendment #6 with the Council. He stated that this Amendment #6 would be placed on.the ballot for the November 8th elections. He stated that if approved it would hinder the home-rule Town's policies and that any tax ability the Town had would be lost. He had hoped that everybody would vote no to this Amendment. -5- • • The Financial Matters were next presented to the Council. Councilman Miller moved approval of the General Fund of Accounts Payable with the exception of the Ross Consulting Payment. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for October 25, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the October 11, 1988 Council Meeting Minutes with the additional motions that were deleted from the minutes. The motions dealt with the Beaver View East and Beaver View West. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Watkins stated that this would be his last Council Meeting and that he had enjoyed working with the rest'of the Councilmembers, and thanked them for all their help and support. Councilman Miller suggested that the Town Council ask Councilman Davis to re-consider his recent resignation from the TV Translator Committee, and encourage him to reconsider the position. He also discussed the Avon/Beaver Creek Resort Association and their five candidates that were running for the two vacant seats on that Board. There being no further business to come before the Council, Councilman Miller moved to adjourn into executive session to discuss a personnel matter. The motion was seconded by Councilman Watkins. The meeting was adjourned into executive session by Mayor Nottingham at 9:15 p.m. -6- -7- APPROVED: