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TC Minutes 11-09-19880 0 MINUTES OF THE OUTGOING COUNCILMEMBERS MEETING HELD NOVEMBER 9, 1988 - 7:30 P.M. The meeting of the outgoing Councilmembers 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 7:30 p.m. to take action on unfinished business. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory and Jerry Davis present. Councilman Connell was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Engineer Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Town Clerk Patricia J. Doyle, as well as members of the press and public. Second reading of Ordinance No. 88-14, Series of 1988, AN ORDINANCE IMPOSING AN EXCISE TAX FOR GENERAL 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. Michael Clowdus, representing the Christie Lodge Time Share Association approached the Council. Mr. Clowdus was requesting that the Town Council postpone consideration of Ordinance No. 88-14. He stated that the parties involved have not had an adequate opportunity to review the ordinance and consider its full impact. He stated that he was not only representing the Christie Lodge Time Share Association, but also the Gill Savings, U.S. Home Exceptance Corporation; and in addition, was representing the Falcon Pointe Time Share Association Project. Other entities included the Exchange Company of Resorts Condominium International, and the National Trade Association for the Resort Development Industry. Mr. Clowdus requested that the Town Council schedule a work session with representatives of these Groups to discuss this matter in an informal meeting. He stated that the Time Share Association was willing to pay their fair share, but if the ordinance were to pass in its present form, it would have an immediate and devastating impact on the projects. It would stop all marketing efforts in its tracks and,it would have a negative impact on the ability of the Association to collect dues from the owners. He stated that they had just recently passed a Special Assessment for improving the exterior of the Christie Lodge building. The Town Attorney also requested that the ordinance be postponed until the 22nd of November, 1988, as he had just submitted a revised edition of the ordinance which reflected changes from discussions with Sherman & Howard. Mr. Dunn requested that this be postponed so that the Council had time to review the revised edition. Councilwoman Harrison so moved. The motion was seconded by Councilman Davis. P i Councilman Davis amended the motion to move the public hearing of the ordinance to December 13, 1988 instead of the November 22nd Council Meeting. The amended motion was seconded by Councilwoman McRory. The Mayor entertained a vote on the amended motion. The motion was unanimously carried. The Mayor then entertained a vote on the main motion. The motion was unanimously carried to postpone the action on the ordinance until the Council had time to review the revised edition. Councilman Davis suggested that a work session be scheduled on November 29, 1988 at 12:00 noon in the Council Chambers to discuss Ordinance No. 88-14. The Council agreed. Resolution No. 88-22, Series of 1988, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1988 BUDGET FOR THE TOWN OF AVON, COLORADO; FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1988, AND ENDING ON THE LAST DAY OF DECEMBER, 1988. Mr. James stated that there had been a request from the Group that wanted to proceed with the promotional film for the Vail/Avon area in respect to the World Championships. This fee was in the amount of $5,000. Mr. James stated that the $5,000 would be paid in 1988, therefore increasing the 1988 budget by $5,000 in the General Fund and decreasing the amount in the 1989 budget. Councilwoman McRory moved approval of Resolution No. 88-22, Series of 1988 with the increase of $5,000 in the 1988 General Fund Budget. The motion was seconded by Councilman Davis and was unanimously carried. Resolution No. 88-23, Series of 1988, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1989, AND ENDING ON THE LAST DAY OF DECEMBER, 1989. Mr. James stated that Resolution No. 88-23 would be decreased by $5,000. He stated that for their information, he had recommended that the Airport Budget be reduced by $10,000, and would add another account titled "Railroad", which would be in the amount of $25,000. The Budgets would then be, Airport Budget, $10,000; Ski Lift Budget, $25,000; and the Railroad Budget, $25,000. He stated that in respect to the Community Center Fund, he had taken 1/2 of the Fund Balance out of the Public Works Fund and placed that amount in the Community Center Fund. The amount in that Fund for 1989 would be $164,290. Councilman Miller moved approval of General Fund by $5,000. The motion and was unanimously carried. Resolution No. 88-23, to reduce the was seconded by Councilman Watkins -2- • i Resolution No. 88-24, Series of 1988, A RESOLUTION TO SET MILL LEVIES FOR 1989 BUDGET LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1989, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 1989 BUDGET YEAR. Mr. James stated that the Mill Levy for 1988 was a total of 14.725 mills, of which, $355,000 would be utilized for General Fund Operations, and $290,006 would be used for Debt Service. After some discussion, Councilman Davis moved approval of Resolution No. 88-24, Series of 1988. The motion was seconded by Councilman Miller and was unanimously carried. The Financial Matters were next presented to the Council for approval. Councilman Miller moved to receive items #1 through #9. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for November 9, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for November 9, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the October 25, 1988 Council' Meeting Minutes with the corrections of three typographical errors. The motion was seconded by Councilman Davis and was unanimously carried. At that point the outgoing Councilmembers gave there farewell comments. Councilman Miller stated that he had not given much thought to farewell comments, and now that the election was cver, the politics would- not stop. He stated that he had hoped that in the future those politics would be d rected in a manner that it might benefit all people, rather than be dominated by rumor. Councilman Watkins offered his congratulations to the new Councilmembers. He stated that there was now a new blend of personalities, eventhough there were four remaining Councilpersons. He felt that the new Council was taking over when the Town was in a good position; the tax and revenue base were solid; a top notch capable staff to work with; and also some interesting projects, problems, and opportunities to work with in the upcoming months. He stated that during his tenure, he tried to base his decisions on what was best for the Town and, had hoped that he was successful in doing that. He stated that he had tried to be upfront and public with his opinions and comments. He wished good luck to the new Council. -3- Councilman Davis stated that he was proud that he had the opportunity to serve with the outgoing Councilmembers. He felt that the Council had accomplished a great deal in the last two years. The Mayor echoed those sentiments. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Watkins. The Mayor adjourned the meeting of the outgoing Council at 8:00 p.m. The Council reccessed, and would reconvene with the new Council being sworn in. -4- 0 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING OF THE NEW COUNCILMEMBERS HELD NOVEMBER 9, 1988 - 7:30 P.M. The regular meeting of the new Council of the Town of Avon, Colorado, was reconvened at 8:15 p.m. The first item of business was the introduction of the new Councilmembers. The Town Clerk read the names of the new elected Councilmembers for the press and public. They were as follows: Mike Bennett, Jim Stovall and Albert "Buz" Reynolds(Albert Reynolds was absent due to a scheduled surgery). At that point, the new Councilmebers were sworn in by Judge Buck Allen. The new Councilmembers took their seats. Councilman Davis nominated Allan Nottingham as temporary chairman. It was seconded by Councilwoman McRory. Councilman Bennett closed the nominations. Allan Nottingham was nominated as temporary chairman. Councilman Davis nominated Allan Nottingham as Mayor. It was seconded by Councilwoman McRory. Councilman Davis closed the nominations. Allan Nottingham was nominated as Mayor for the Town of Avon. Next on the agenda was the nomination of Mayor Pro Tem. Councilman Bennett moved to nominate Gloria McRory as Mayor Pro Tem. It was seconded by Councilman Davis. Councilwoman McRory moved to nominate Jim Stovall as Mayor Pro Tem. It was seconded by Councilwoman Harrison. Councilman Davis closed the nominations. The Council then voted by closed ballot. After the counting of the ballots, the Town Clerk announced that Council- woman Gloria McRory was nominated at Mayor Pro Tem for the Town of Avon. The Council reccessed at 8:30 p.m. and reconvened at 8:45 p.m. The Mayor called the meeting to order, and a roll call was taken with Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. Councilman Reynolds was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Engineer Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Town Clerk Patricia J. Doyle, as well as members of the press and public. E • The Mayor called for Citizen Input. Darrell Wegert, Mayor of Minturn, approached the Council. He stated that he was seeking some support from Avon for petitioning the State of Colorado, the Highway Department in their five-year plan on keeping a section of Highway from Dowd Junction into Minturn on the five-year plan so as to make improvements. He stated that this request has been on that plan since 1984. He stated that the Highway #24 between I-70 and Minturn commercial area was a hazardous stretch of state highway. Mr. Wegert was proposing a request for eight foot curves, eight foot shoulders into Minturn, as well as, some reduction in grade. He stated that there were drainage problems, plus there were no guard rails. Mr. Wegert then reviewed the map with the Council. He reviewed the number of accidents that occur per year on that stretch of highway.. After some discussion, Councilman Davis moved to instruct the Town staff to draft a resolution that Avon would support Minturn to achieve the improvements on highway #24 from Dowd Junction into Minturn, and to authorize the Mayor to execute the said resolution. The motion was seconded by Councilwoman Harrison and was unanimously carried. First reading of Ordinance No. 88-15, Series of 1988, AN ORDINANCE AMENDING SECTION 15.24.020 OF THE AVON MUNICIPAL CODE TO ALLOW INSTALLATION OF DECORATIVE GAS LOG SETS IN ACCORDANCE WITH CERTAIN SAFETY STANDARDS Norm Wood stated that earier in the year there was a request for a modification to the Mechanical Code to allow Decorative Fuel Burning appliances. He stated that the Town had received a request from Valley- Wide Plumbing and Heating for a modification to the Code to allow installation of Gas Logs in the existing solid fuel burning fireplaces. Mr. Wood stated that staff had reviewed the request and felt it should be considered. Ordinance No. 88-15 would allow UL Listed Decorative Gas Logs sets. Mr. Wood recommended approval of Ordinance No. 88-15, Series of 1988 on first reading. After some discussion, the Mayor called for a roll call. Those Councilmembers voting aye were: Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. -2- E • Resolution No. 88-25, Series of 1988, A RESOLUTION IN APPRECIATION OF CLINTON WATKINS The Mayor read the resolution in its entirety. Councilman Davis moved approval of Resolution No. 88-25, Series of 1988. The motion was seconded by Councilman Bennett and was unanimously carried. Resolution No. 88-26, Series of 1988, A RESOLUTION FOR THE SERVICES OF THOSE CITIZENS WHO HAVE SERVED AT THE MUNICIPAL ELECTION ON NOVEMBER 8, 1988, AND FOR THEIR SERVICES The Mayor entertained a motion. Councilwoman Harrison moved approval of Resolution The motion was seconded by Councilwoman McRory and EXPRESSING APPRECIATION AS JUDGES AND CLERKS AUTHORIZING PAYMENT No. 88-26, Series of 1988. was unanimously carried. Next on the agenda was the update report on the TV Translator System. Norm Wood stated that the TV Translator Committee had met on Thursday, November 3, 1988, to review preliminary maps and service area contuors of existing facilities which was prepared by the consultant, Hartech, Inc. He stated that the consultant explained the computer generated service areas for those facilities. He stated that the work remaining to to complete the study included: 1. Identification and evaluation of potential new sites for locating TV Translators. 2. Identification of existing sites that will optimize service area. 3. Complete inventory of existing equipment and evaluate use in system. 4. Identify new equipment required for system. 5. Prepare cost estimates for capital equipment and for annual operation and maintenance expenses. The Committee also determined that the most feasible method of funding a TV Translator System would be through the creation of a Special District which would be encompassing the service area as defined by the Engineering Feasibility Study. It was suggested that Dee Wisor, attorney, from Sherman & Howard meet with the Committee to discuss procedure for formation of a Special District. The meeting has been scheduled for noon on November 16, 1988. Recommended action was to adopt the Mission Statement as a mission Statement for the Town of Avon with regard to a Television Translator System(see attached to these minutes). It was also suggested that Councilman Davis reconsider his seat on the TV Translator Committee as the Town's representative. -3- E 11 Councilman Stovall moved approval to adopt the Mission Statement and to re-appoint Councilman Davis as the Town's representative to the TV Translator Committee. The motion was seconded by Councilwoman McRory and was carried with Councilman Davis abstaining. Councilman Davis accepted. Next on the agenda was a request for reduction in Letter of Credit per Eaglebend Improvements Subdivision Agreement. Norm Wood stated that Inter-Mountain Engineering requested a reduction in the Letter of Credit which was held by the Town of Avon as security for completion of Public Improvements in accordance with the Subdivision Improvements Agreement. He stated that the work completed included accel/ decel lanes on Highway #6 at Stonebridge Drive and Nottingham Ranch Road, and also the extension of Eaglebend Drive and contruction of a cul-de-sac. Mr. Wood recommended that Council authorize staff to notify National Bank of Canada that Letter of Credit No. 41641-103 may be reduced from $68,357.00 to $45,595.00 based upon work completed in accordance with the Subdivision Improvements Agreement for Eaglebend Subdivision. Councilwoman Harrison so moved. The motion was seconded by Councilwoman McRory and was unanimously carried. A Town Council work session was scheduled for Friday, November 18, 1988 at 8:30 a.m. at the Charter in Beaver Creek. Mr. James stated that he would invite Chuck Schwahn for the work session to gover the Town's Strategic Planning. Norm Wood discussed the upcoming meeting with the State Highway Commission on the Railroad Crossing with the Council. He stated that the State Highway Commission was to meet tomorrow, Thursday, November 10, 1988 in Grand Junction. He stated that they were receiving requests for the five-year Highway Improvement Program. He stated that the Town of Avon has, for five years, requested reconstruction of a Separated Grade Crossing of Avon Road to be included in the five-year Progam. He stated that the traffic counts that staff has completed on Avon Road, have shown a tremendous increase in traffic in since 1978. Discussion followed. Mr. Wood stated that he would request to the State Highway Commission that this Separated Grade Crossing be placed on the list as priority. -4- The Statue of "Casey at the Bat" would be erected on Friday at the corner of Avon Road and Beaver Creek Boulevard. Councilman Davis moved to appoint Bill James as the Town's representative on the Avon/Beaver Creek Resort Association's Board. The motion was seconded by Councilwoman McRory and was unanimously carried. The Mayor stated that Avon needed a Town representative for the North West Colorado Council of Governments. The 1988 Membership Luncheon & Project Update was scheduled for November, 16, 1988. All Councilmembers were encourages to RSVP by November 10, 1988. The Liquor Training Seminar for Liquor Laws has been scheduled for November 22, 1988 at 4:00 p.m. Gary Bates, Colorado Enforcement Officer would conduct the class. Councilwoman McRory moved approval of an expenditure of $125.00 for a gaming table for the Avon/Beaver Creek Resort Association's Las Vegas Nite, which would be held on December 3, 1988. The motion was seconded by Councilman Stovall and was unanimously carried. There being no.-further business to come before the Council, Councilwoman Harrison moved to adjourn. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 9:45 p.m. FULLY(SUBMXTTED: atricia J.(Aoyl~, Tfwn C -5- • M E M 0 TO: Bill James FROM: - Norm Wood DATE: November 4, 1938 0 RE: Eagle County TV Translator Committee Meeting The Eagle County TV Translator Committee met at noon, Thursday, November 3, 1988 to review preliminary maps and service area contours of existing facilities, prepared by the consultant, Hartech, Inc. Jim Hart and Larry Ellis presented a map of Eagle County showing the location of existing licensed facilities. They then explained the computer generated service areas for these facilities and presented overlays showing the general service area for each of these facilities. Work remaining to complete the study includes: 1. Identification and evaluation of potential new sites for locating TV Translators. 2. Identification of existing sites that will optimize service area. 3. Complete inventory of existing equipment and evaluate use in system. 4. Identify new equipment required for system. 5. Prepare cost estimates for capital equipment and for annual operation and maintenance expenses. The consultant will try to have a draft of the report available for review by the end of this month, with final report complete by December 15, 1983. Following the review of the report from Hartech, Inc., the Committee discussed the Mission Statement and Goals Statement developed at a previous meeting. The Committee unanimously adopted the Mission Statement as presented and requested that Committee members present it to each of their respective boards for affirmation. The Committee also determined that the most feasible method of funding a TV Translator System would be through the creation of a Special District encompassing the service area as defined by the Engineering Feasibility Study. This was also adopted by unanimous vote of the Committee. 0 0 MEMO TO: Bill James FROM: Norm Wood RE: Eagle County November 4, 1988 Page 2 TV Translator Committee Meeting It was then suggested that Jim Collins, attorney for various special districts in this area, be contacted about meeting with the Committee to discuss procedure for formation of a Special District. Jim Collins has agreed to meet with the Committee at noon on November 16, 1988. RECOMMENDED ACTION: 1. Adopt attached Mission Statement as a Mission Statement for the Town of Avon with regard to a Television Translator System. 2. Affirm action of the Eagle County TV Translator Committee that formation of a Special District is the most feasible funding mechanism for a television translator system.