TC Minutes 06-25-1991w
MINUTES OF THE REGULAR MEETING OF THE TOWN
COUNCIL HELD JUNE 25, 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 7:38 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Gloria
McRory, Jim Stovall and Tom Ptach present. Councilman Garton was
absent. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Engineering Norm Wood, Director of Municipal
Services Larry Brooks, Fire Chief Charlie Moore, Police Chief
Art Dalton, Public Relations Officer Teresa Albertson, Director
of Recreation Meryl Jacobs, Town Clerk Patricia J. Doyle, as well
as members of the press and public.
The Mayor called for Citizen Input.
Merv Lapin representing Howard Gardner approached the Council.
He was before the Council in respect to the Berry Creek 5th Filing.
Mr. Lapin reviewed the proposal of the Committee with the Council.
The Town of Vail would sell to Eagle County for $2,152,000 (this
was the original cost plus holding costs at 8% from January 1990 -
to October, 1991). The current proposal for this split of costs
and voting rights were as follows:
Arrowhead Metro
5%
Beaver Creek Metro
5%
Berry Creek Metro
5%
Eagle-Vail Metro
5%
Town of Avon
10%
Eagle County
10%
Town of Vail
60%
Eagle County would issue revenue bonds for the full amount of their
purchase price of the land.
The Intergovernmental Agreement between Eagle County and other
participants was structured so that annual appropriation of the
payment amount were required. Mr. Lapin reviewed the advantages of this
proposal.
9 w
Councilwoman McRory stated that one of the arguments why the
County was not involved was because the voters did not want to
subsidize employee housing in that area, and now that employee
housing was eliminated;and,used.strictly for recreation, it would
appeal to the voters, it was a better package:
Mr: Lapin stated that the land was presently zoned for 200 units
and if those units were eliminated it may de-value the land. He.
stated that-this mechanism was simply a way to,have the land remain
in public ownership, the,ownerhip being all".the"entities in partner-
ship.
Councilman Stovall felt that the.land.should,be•.retained in public
ownership. Mr. Lapin was requesting that the Council allow the two
representatives of the Authority'.to commit Avon-to the 10% interest in
the land with the understanding that, at this time, was very preliminary
that it was just a scenerio that was"very straight forward and
simple: The figure being 10% of the annual total was $20,000 to
$22,000 per year.
Mayor Davis stated that amentities would be built on.that site. He
assumed'in addition to being asked to pay the 10% of those costs of
the property that the amentities which Avon would also be asked to pay
for, the voting majority would decide to spend monies whether Avon
would,agree to or-:,not agree to. He stated that he did not feel
comfortable not knowing all the details. He was not in favor of
participating and felt it was a lot of•money just to hold the land.-
Councilman Stovall stated it would be in the best interest of the Town
to acquire the land. It would be there if the Town wanted to use it,
in the future.
Councilman Ptach urged the Avon representatives of the Committee to
proceed with negotiations.
Mayor Davis stated that he would like to see Avon's actual cost,
possibly come back with a definite figure so the Council could make
their decision.
Councilwoman-. MCRory suggested that they continue the negotiations..
The Mayor thanked Mr. Lapin for his comments (See memorandum attached
to these minutes).
Ed McManus approached the Council. Mr'. McManus was working on
transportation alternatives to the STOLport in Avon. He discussed
and reviewed the VERTIport programs. There was Federal funding
available. He described the air carrier. He.stated that the State
of Colorado was doing a Study and Avon was included in this Study.
He stated that this Study was being paid-for by the State of Colorado
and Club 20.
-2-
• 6
He stated that if Avon emerged, then one year from now when the Study
would be completed, Avon would be given the Federal Plan and would be
eligible for the Federal Funding. He stated that the VTOL needed
approximately 1500 to 2000 feet of runway to land. He stated
that Council would be invited by the City of Grand Junction for the
demenstration of the VTOL. The Council directed Mr. McManus to
continue updating them on this matter.
The Mayor thanked Mr. McManus for his presentation (See memorandum
attached to these minutes).
There being no further Citizen Input, the mayor closed that portion
of the agenda.
First reading of Ordinance No. 91-11, Series of 1991, AN ORDINANCE
REGULATING FIREPLACES AND OTHER SIMILAR DEVICES WITHIN THE TOWN OF
AVON AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
Mr. James reviewed the ordinance with the Council.
The Mayor called for a motion.
Councilman Reynolds moved approval of Ordinance No. 91-11, Series of
1991 on first reading. The motion was seconded by Councilman Bennett.
The Mayor opened the meeting for discussion.
Councilman Stovall requested that language be inserted in the Ordinance
in respect to a incentive program for residents to convert over to
gas fireplaces or pellet stoves.
Councilman Ptach requested that the Ordinance include a open hearth
fireplace to be allowed in a hotel lobby.
There being no further discussion, the Mayor called for a vote on the
motion.
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.
First reading of Ordinance No. 91-12, Series of 1991, AN ORDINANCE
AUTHORIZING THE ISSUANCE BY THE TOWN OF AVON, COLORADO, OF TAXABLE
LOCAL ASSESSMENT REFUNDING BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL
AMOUNT OF $1,085,000, FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1;
PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE
BONDS AND THE INTEREST THEREON; AND PROVIDING OTHER DETAILS IN
CONNECTION THEREWITH.
-3-
•
This ordinance would be deferred until the July 9, 1991 Council
Meeting.
At that point, Councilman Ptach entered a Resolution on the floor.
He proposed that Resolution No. 91-17, Series of 1991 be proposed
stating that the Town of Avon Council direct the Planning and Zoning
Commission and the Design Review Board to no longer allow any further
subdivision of residential lots in the Wildridge Subdivision.
Additionally, the Planning and Zoning Commission and the Design
Review Board would be instructed to enforce the regulations as
written in Wildridge to interpret that two unit lots mean "attached
duplex buildings and no detached duplex allowed and, three unit
or greater lots would mean multi-family attached buildings of three
units or more per building". The motion was seconded by'-Councilman
Bennett.
Mayor Davis stated that there was a moratorium on this issue at this
time, and it was not clear of what the resolution would accomplish.
Councilman Ptach stated that the resolution would accomplish no
further subdivision of residential lots in Wildridge. He stated that
it deterred from the character of Wildridge and a resolution was
needed as to comfort the residents of what was happening in Wildridge.
Mayor Davis stated that it was not appropriate to circumvent the process,
that the Council had been discussing the issue. He stated that the
Council agreed in an earlier work session to come up with a way to
resolve this issue.
Councilwoman McRory stated that it was the consensus that 30,000 square
feet of 40,000 square feet might be acceptable - to allow the
duplex subdivision for single family homes.
The Mayor felt that that was the consensus of the Council and that this
issue be reviewed and brought-back to the next meeting.
Councilwoman McRory called for question.
Because of the nature of the issue, the Mayor called for a roll call.
Those Councilmembers voting aye were Tom Ptach, Jim Stovall and Mike
Bennett. Those Councilmembers opposing the resolution were Albert
Reynolds and Gloria McRory. The motion carried by a 3 to 2 vote.
The Mayor stated that he found that type of action objectable, for
the Council to agree at one point to discuss the issue further and
then to propose a resolution, approve it without any further
discussion was not appropriate.
-4-
0
The next item on the agenda was the request for exemption of Permit
Fees for the Eaglebend Housing Project.
Jerry Flynn and Jeff Spanel approached the Council. Mr. Flynn
reviewed the financial status of the budget for the project. He stated
that the project was considering a Day Care Center on-site. They
were looking tentatively to use these permit fees for the center.
Mr. Spanel stated that the fees would go toward standard living at
the project, improving the quality of equipment for playgrounds, etc.
Mr. James requested that a more sincere pledge be submitted for the
exemption request.
Councilman Ptach moved to authorize the Building Department to exempt
the Building Permit fees on the Eaglebend Housing Project contingent
upon that the exemption permit fees be applied to the amentities
package. The motion was seconded by Councilman Bennett and was
unanimously carried.
It was the consensus of the Council to authorize the expenditure of
$500 contribution to the Vail Symposium.
Meryl Jacobs reviewed the before and after school programs.
Councilman Bennett moved to authorize the before and after school
programs as shown in the memorandum dated May 31, 1991. The motion
was seconded by Councilman Reynolds and was unanimously carried.
The Town Attorney's report was next presented to the Council. He
reported on the Heritage Cablevision increase of the percentage of
franchise fees being added to the customers billings.
Mr. Dunn stated that according to Mr. McKinzie this was only
applicable until 1988. He stated that the entire arrangement was
subject to periodic review.
After some discussion, it was the consensus that the Town Attorney
follow through in research of this issue.
The Attorney reported that now since the Sunshine Law was in effect,
all work session meetings would have to be taped, and minutes would
be made available if requested.
-5-
•
i
The Mayor then referred back to the discussion of the action that took
place earlier in the meeting regarding duplex subdivision. He stated
that there were numerous people interested in attending the meeting
where Council would discuss this issue. He requested that Rick
Pylman look at the action that took place and that this issue be
discussed at the next meeting.
Bill James reported on the Avon Store. The old Avon Store was
disassembled sometime ago and put in storage. It was requested that
this piece of history be relocated to the historical park in Eagle.
The Council agreed.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #3. The motion
was seconded by Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for June 25, 1991. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for June 25, 1991. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the June 11, 1991 Council
Meeting minutes as presented. The motion was seconded by Councilman
Ptach and was unanimously carried.
Councilman Ptach moved approval of the minutes of June 18, 1991 Special
Meeting minutes as presented. The motion was seconded by Councilwoman
McRory and was unanimously carried.
-6-
There being no further business to come before the Council,,-
Councilwoman McRory moved to adjovxn. The motion was seconded by
Councilman Bennett. The meeting was'adjourned by Mayor Davis
at 9.3C .p.m.
Councilman'Ptach moved to retire into. execiitive-session. The motion.
was saconded by Councilwoman McRory.-ari d was'.unanimously carried.
The Councih retired into-executive session..,
SPRtTFUT6M SUOUITTED c
Patric: & J., Doy
Town C erk
d'
-7- _
BERRY CREEK 5TH FILING
Proposal:
• The Town of Vail sells the Berry Creek 5th Filing to Eagle County for
$2,152,000 (original cost plus holding costs at 8% from January 1990 -
October 1991).
• An Authority comprised of all participating governmental entities is created.
Eagle County contracts with the Authority for management of the parcel.
Decisions of the Authority are based upon a weighted average formula. The
current proposal for this split of costs and voting rights is as follows:
Arrowhead Metro
5%
Beaver Creek Metro
5%
Berry Creek Metro
5%
Eagle-Vail Metro
5%
Town of Avon
10%
Eagle County
10%
Town of Vail
60%
• Eagle County issues revenue bonds for the full amount of their purchase
price of the land. The revenue bonds are based upon the revenue stream
generated by an intergovernmental agreement between Eagle County and the
other participants requiring annual payment of their representative share of
the annual debt service.
• The intergovernmental agreement between Eagle County and other
participants is structured so that annual appropriation of the payment
amounts are required (similar to a lease /purchase).
Advantages of this proposal:
• The land is kept in public ownership
• Cost of maintaining public ownership is shared by numerous interested
governmental entities at affordable levels.
• The Town of Vail is able to replenish its fund balance.
• Ownership of the land by Eagle County will remove, all restrictions on the
land except prohibition of an 18-hole golf course.
• 'Votes by residents of participating governments are not required, but may
be held if desired.
• Eagle County is able to participate in open space with very little cost and
risk.
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MEMO
t
TO': Bill James, Town Manager
FROM: Meryl Jacobs, Director of Recreation
DATE: May 31, 1991
RE: Before and After School Programs
•
The opening of the new Edwards elementary school (and the relocation of students
resulting from new school boundaries) prompted us to survey families in the area
regarding the above referenced programs. -
In cooperation with the school district, a total of 600 surveys were mailed with
the following results:
MEADOW MTN. ELEMENTARY EDWARDS ELEMENTARY
Interest
Before.School 21 35
After School 54 54
The response is.very positive and will require expansion of our planned
programming to meet the demand.
1991
Original
1991 Revised
1992 Projected
-Part time hourly
6270
9028
20,520
Food
450
418
950
Rec. supplies
350
440
1000
Office supplies
100
154
350
Other Oper. Supp.
0
88
200
Total expenses
7170
10,128
23,020
REVENUE
Meadow Mountain
Before school 0 1520 3456
After school 6410 3041 5912
Edwards
Before school 2534 5760
After school 0 4055 9216
Total revenue 6410 11,150 25,344
As shown above, these programs are self supporting and provide the recreation
department with a substantial emphasis on youth activities through the schools.
*Recommended Action:
Authorize expansion of before and after school program as shown above for the
fall of 1991.
MDJ/mml