TC Minutes 09-22-19920
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 22, 1992 - 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 7:32p.m.
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds present. Also present were Town Attorney John Dunn, Town
Manager Bill James, Director of Municipal Services Larry.Brooks,
Director of Engineering Norm Wood, Director of Community
Development Rick Pylman, Police Chief Art Dalton, Fire Chief
Charlie Moore, Town Clerk Patty Neyhart, as well as members of the
press and public.
First item under Citizen Input was Eagle County Commissioner
Candidate, Ms. Sandra Davies.
Ms. Davies informed she has lived in Eagle County for eighteen
years; is married with two children and two grand children. Ms.
Davies: background includes employment with Benchmark Company
during the planning of Wildridge.Subdivision.and Wildwood
Subdivision. Ms. 'DAvies'has been in,the legal field for 34 years
and is presently with Vail Associates as their compliance
paralegal. Ms. Davies noted Eagle County's.population has grown
64%}in.the last ten/twelve years. Ms.- Davies mentioned
affordable housing, mass transportation; County-wide health
insurance, and'day care programs as growth related issues. Ms.
Davies noted a senior citizens program (in effect in Aurora,
Colorado Springs,"and Boulder) whereby seniors give community
service time in.exchange:for discounts on their property taxes.
Ms. Davies suggested seniors helping with the education crisis
whereby they go into the schools and help with the children. Ms.
Davies mentioned the water problem at the airport which needs to
be rectified. Regarding the County budget, Ms. Davies suggested
a staggered work schedule for heavy equipment, even though
employees are on a 10 hour/4 day schedule the heavy equipment
should be on a five day schedule maximizing usage. Ms. Davies
noted transportation needs to be addressed in the lower end of the
valley and suggested a van pool to Gypsum/Eagle. Ms. Davies
stated affordable housing for permanent residents need to be
realized; developers need incentives.
Councilor Nottingham questioned whether Ms. Davies' full time
position at Vail Associates will terminate if elected. Ms.
Davies stated the County Commissioner position is a full time
position and she will resign from Vail Associates if elected
County Commissioner.
Mayor Davis questioned Ms. Davies' position on the county
transportation issue. Ms. Davies responded present system works
well. Ms. Davies added that if the transportation system
includes both ends of the county, she would understand the County
getting involved; when transportation benefits the entire County.
Ms. Davies reiterated the suggestion of a van pool from Gypsum
and Eagle and added possible inclusion of Redcliff and Minturn.
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Mayor Davis voiced dissatisfaction with Ms. Davies' comments and
stated not benefitting the entire County 'is the usual excuse from
County Commissioners. Mayor Davis stated the County is diverse
and 85% of the revenue that goes to the County comes from the
upper portion of the County; each part of the County has different
problems. Transportation may not be a concern in the lower
portion of the County as it is in the upper portion. Ms. Davies-
noted 30-40% of the employees come from the lower portion. Mayor
Davis stated Eagle and Gypsum are not interested in participating
in the program and hopes the County will take a more active role..
Ms. Davis noted one reason the transportation program did not-
work well for the western end of the County was due to scheduling;
scheduling is critical to implement a successful countywide
program.
Next under Citizen Input was the Public Hearing on the Town of
Avon 1993 Proposed Budget.
Mr. Bill James informed, according to the Municipal Code, a
proposed budget has been prepared and a public notice has been
published informing the citizens of the public hearing for this
evening.
Mayor Davis opened the meeting for public input regarding the
proposed 1993 Town of Avon budget. With no one wishing to,be
heard, the Mayor closed that portion of the meeting.
Mr. James gave highlights of the proposed-budget. Mr. James-
informed the budget consists of several Funds. The largest fund
is the General Fund which provides for operating expenditures that
include police, fire, public works, administration, community -
development, and transportation. These expenditures proposed for
1993 are $6.9 million; 1992 expenditures are"$6.3 million.
Revenues for 1992 are $6.7 million and for 1993 are $7.2 million.
This will leave the Town with excess funds. The Council has'taken
the position in the past of any excess funds of 10% or less will
be transferred into the Public Works Fund for additional capital'.
improvements. Transfers to the Public Works Fund for 1992 are
estimated to be $315,000 and for 1993 are $200,000. Debt Service
Fund is paid mainly through property taxes and if is there is'not,
sufficient property tax funds, a transfer from General Fund-is
made to cover the Debt Service Fund. For 1992 a.transfer from'the
General Fund to the Debt Service Fund is estimated to be $63,00,0
and $84,000 for 1993. Overall changes in personnel for 1993 are;
1/2 time mechanic to a full time mechanic position and adding-'a
full time marketing position. The public relations officer was
split; 1/2 in transportation and 1/2 public relations and it was
determined a full time position was needed in transportation.
Personnel has not changed in Administration and Finance in
approximately 10 years. One position has been added in Community
Development within the last 10 years. Public Safety continues to
grow; mainly in the Fire Department with use of residents,
cross-trained employees, and volunteers. Public.Works consists'of
administration, roads and streets, and transportation.
Transportation services are provided from Edwards through Vail, to
Leadville and in Beaver Creek. Parks and Recreation has expanded.
somewhat in the last few years; most successful program being the
after school program. Approximately $325,000 is proposed for 1993,
in the Marketing budget which helps finance Vail Valley Marketing,
Avon/Beaver Creek Resort Association, Fireworks display, Vail
Valley Foundation, etc.
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First Reading of Ordinance No. 92-15, Series of 1992, AN
ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Mr. John Dunn informed this Ordinance was discussed by Council
several weeks ago. Council requested several changes and those
changes are reflected in this proposed, Ordinance. Those changes
are: employees have been eliminated in this Ordinance as
employees are covered by the Town's personnel rules; language was
added to permit members of the Council as well as members of the
Planning Commission to raise the conflict of interest with other
members and to cause this conflict to be voted upon; and
modification.to recognize financial as well'as personal conflicts.
Mr. Dunn clarified certain paragraphs in the Ordinance regarding
types of conflicts, presentations and representations of
organizations before respective Boards, and voting policies.
There being no further comments, Mayor Davis called for a motion.
Councilor Hines motioned to approve Ordinance No. 92-15, Series
of 1992 on'first reading. Councilor Pysher seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those voting aye were Councilors Albert Reynolds, Derek Pysher,
Celeste C. Nottingham, Tom Hines, John Hazard, Charlie.Gersbach.
Motion carried unanimously.
First Reading of Ordinance No. 92-17, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON TO ALLOW ONE ACCESSORY APARTMENT UNIT IN ADDITION TO THE
ALLOWABLE DENSITY, AS A SPECIAL REVIEW USE IN THE RESIDENTIAL
MEDIUM DENSITY ZONE DISTRICT.
Mr. Rick Pylman stated this Ordinance is in response to public
input Council received at last meeting. Representatives of the
Stonecreek Condominium Association requested to convert common
space into a caretaker housing unit. Council's consensus was to
amend the zone,district to allow this as a special review use so
the members of the Association may then apply for a special review
use through a public hearing process. This Ordinance adds to the
list of special review uses, in this zone district, one accessory
apartment per lot in addition to the maximum allowable density.
An accessory apartment is already defined as an apartment that can
not be sold off or transferred separately from the main parcel of
land.. This applies to the residential medium density.zone
district only and a building permit would need to be pulled for
renovation.
There being no further comments, Mayor Davis called for a motion.
Councilor Reynolds motioned to approve Ordinance No. 92-17,
Series of 1992 on first reading. Councilor Nottingham seconded
the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those voting aye were Councilors Tom Hines, Celeste C.
Nottingham, Derek Pysher, Albert Reynolds, John Hazard, Charlie
Gersbach. Motion carried unanimously.
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First Reading, Ordinance No. 92-18, Series of 1992, AN ORDINANCE
AUTHORIZING EXECUTIVE OF CERTAIN EQUIPMENT LEASE AGREEMENT.
Mr. Larry Brooks informed this Ordinance will authorize the Town
to purchase two 1993 model 20 passenger vans. These two vans will
be used to provide service in the Beaver Creek Inter=Village
system. All costs in purchasing and servicing-will be paid for by
Beaver Creek Resort Company. Discussion on an amendment to the
Beaver Creek Resort Company contract is scheduled on the Agenda
for later this evening. Financing for the vans has been arranged
through Coughlin & Company with a'4 year lease purchase plan at 6%
interest with documentation attached.
The vans will arrive in the new colors.
Attorney Dunn has reviewed the lease purchase agreement, and with
minor changes has no problem with this.
Mayor Davis questioned obligation of Beaver Creek Resort Company
and the amendment to the contract. Mr. Brooks informed that the
existing contract with Beaver Creek Resort Company has no
provision for buying such equipment and having Beaver Creek pay
for it. The amendment - to-the contract is this provision. Mayor
Davis questioned what guarantee does the Town have that Beaver
Creek Resort Company will continue to pay for the busses. Mr.
James informed Council is appropriating on-an annual basis, so if
Beaver Creek Resort Company does not pay, the busses will have to
be returned with justification. Mayor Davis questioned Town's
liability., Attorney Dunn informed it is stated in the lease that
Beaver Creek Resort Company is obligated to pay the term of the
lease. Mayor Davis questioned-existence of Beaver Creek Resort
Company; if they no longer exist, the Town will then be
responsible. Discussions followed on Town's liability with
Attorney Dunn reading sections of the lease purchase plan.
Mr. James suggested passing Ordinance on first reading. Mr. Bob
McIlveen, from Beaver Creek Resort Company, will be requested to
come before Council to discuss this matter further prior to second
reading.
Mayor Davis mentioned the Bruce amendment and should this
amendment pass, lease purchase plans will no longer be allowed.
Timing issues wer6-discussed-and'Council's consensus was to adopt
oh-first reading and,resolve-'any further concerns prior to second
reading. -
With no further comments, Mayor Davis, called for a motion.
Councilor Nottingham'motioned'to adopt Ordinance No. 92-18,
Series of 1992 on first reading. Councilor Reynolds seconded the
motion.
With no further discussion, Mayor Davis entertained a roll call.
Those voting aye were Councilors Derek Pysher, Albert Reynolds,
Celeste C. Nottingham, Charlie Gersbach, John Hazard, Tom Hines.
Motion carried unanimously.
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Resolution No. 92-28, Series of 1992, A RESOLUTION CERTIFYING
DELINQUENT ASSESSMENT PAYMENTS FOR THE--LOCAL IMPROVEMENT DISTRICT
NO.' 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR
COLLECTION BY EAGLE'COUNTY TREASURER.
Mr. Norm Wood stated when Local Improvement District No. 1990-1
was formed.it established an-Ordinance providing for annual
payments'-of the special assessments. These annual payments are
due March 1st of each year and this Ordinance before Council lists
the delinquent special assessments on certain properties. These
properties will be processed through the County Treasurer and this
Ordinance certifies to the County Treasurer the total delinquent
amounts on each property. Once annual assessments become
delinquent, the total assessment becomes due, plus penalties of 2%
per month. Recommended action is for Council to approve this
Ordinance to certify to the County Treasurer for collection.
Special Assessments are processed the same as property'taxes,
however property taxes are first priority and special assessments
follow.
Councilor Pysher motioned to adopt Resolution No. 92-28, Series
of 1992. Councilor Gersbach seconded the motion and the motion
carried unanimously.
Next was Unfinished Business regarding Financial Feasibility
Analysis on the Community/Recreation Center.
Mr. James reminded Council of their request to analyze
alternative sites and possibly phasing in for the Community /
Recreation Center. Alternative site analysis is requested for
Tract P, Avon Station, Tennis Courts, RTC property and the
Stolport. For the additional feasibility study, BBC's revised
agreement is $40,380.
Council's consensus was to have BBC justify this price as this
revised agreement amount seems too high. Council requested Mr..
James to telephone BBC to negotiate lesser price or justification.
Councilor Hazard motioned to recess for a few minutes. Councilor
Pysher seconded the motioned.
Mr. James requested clarification by motion. Mr. James said', "I
will call in the morning , tell them I need more justification in
terms of why they need 59,000 more to finish this project with the
outline of work we've given them and I need additional
justification and have them send me that information. What I
would like to do; is get that by Friday, get it out to you on
Friday and solve the issue next Tuesday with you if there-is a
problem. If there isn't a problem, what 'I would like to do is
have you tonight to go ahead and make the motion to authorize the
Town Manager to execute the revised agreement with BBC, subject to
me bringing; we are going to meet next Tuesday anyway and I'll
just bring that information to you and if you see a problem thenI
won't execute the agreement until Wednesday." Council's consensus
was this sounds good: Mayor Davis clarified a motion is
requested. Councilor Reynolds said, "So moved". Councilor
Reynold's motion was seconded by Councilor Nottingham and the
motion was unanimously carried.
With no further discussion, Mayor Davis called the vote for the
motion to recess. The motion to recess carried unanimously and
Council recessed at 9:10pm. Council reconvened at 9:20pm.
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Mayor Davis requested motion to clarify the motion for the revised
agreement for the Recreation Center.
Councilor Nottingham motioned to authorize the Town Manager to
execute the revised agreement with BBC after-his conversation with
them. Councilor Gersbach interjected to authorize him to execute
the revised agreement with BBC and in so doing and also call
attention to the new figure and request a breakdown of the new
figure. Mayor Davis questioned who is the author of the motion.
Both acknowledged each other; both are authors of the motion.. The
motion was seconded by Councilor Reynolds and the motion carried
unanimously.
Next under Unfinished Business was discussion on Refunding 1987
Bonds.
Mr. James reminded that during budget sessions, Councilor Pysher
questioned refinancing of the Wildridge Special Assessment bonds..
Mr. James stated it was not-economical to refinance these bonds
at this time, however it is for the 1987 bond issue. These bonds
were issued to purchase the Walmart parking lot. The 1987 bond
'issue is approximately $2 million dollars and we could have
approximately an 8-9% savings. Mr. James recommended to take
money up front as a saving, put into 1992 budget and utilize for
capital improvement for next year. If Council agrees then Council
needs to motion to authorize the Town Manger.to pursue the
refunding of the Town's 1987 bond issue. This would require two
readings of an Ordinance as well as a referendum period. Should
the Bruce Amendment pass, this refunding would be exempt as the
interest is lower than the original interest.
Councilor Reynolds said, "I'll make that motion. Authorize the
Town Manager to execute the Revised Agreement with BBC." Councilor
Nottingham seconded the motion and the motion carried unanimously.
Next was New Business regarding the Combined Public Works Facility
Evaluation Study.
Mr. James informed Town Staff has been working with Beaver Creek
Resort Company to come up with a combined facility for Public
Works needs. Staff has done through a needs assessment and
requests further evaluation. Recommendation is to hire Fleet
Maintenance Consultants,.Inc. for a project sizing and site
assessment. This evaluation will cost $13,445 to be split-with
Beaver Creek Resort Company and could take approximately 6-8
weeks.
Discussions focused on site selection and number of sites to be
evaluated. Council's consensus was to request first and second
site selection evaluations.
Councilor Reynolds motioned to authorize the-Tow - n Manager to hire
Fleet Maintenance Consultants, Inc. The motion was seconded by
Councilor Hazard and the motion carried unanimously.
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Next under New Business was Eagle County School District RE50J
Land Dedications.
Mr. James noted a letter- was received from Eagle County School
District'RE50J requesting the Town to look at land dedication or
cash in lieu of for school sites. This would effect new
residential areas, such as if the Town annexed the Stolport. The
Town of Vail and, the County have both passed school site
dedication regulations-. Mr. James stated staff has reviewed
regulations and all seems reasonable. Mr. James recommended
Council to refer this matter to Staff to handle. Council agreed
to refer this to Staff to discuss with the School District and
also to discuss Tract? with the"School District.
Next under New Business was an Amendment to Beaver Creek Resort
Company Bus Agreement.
Mr. James suggested to refer this to next meeting when a
representative of the Beaver Creek Resort Company is present to
discuss. Council agreed to refer to.next-meeting.
Next was the Mayor's Report.
Mayor Davis mentioned the Proposed CAST Position Paper on the
Public School Finance Act of 1988. Councils consensus was for
Mayor Davis to present to CAST, at their meeting in Aspen on
October 8th, the Town of Avon's Resolution in support of this
Position Paper.
Mayor Davis noted a copy of the Abstract of Assessment.
Mayor Davis.reminded next Eagle County Regional Meeting is
Wednesday, October 7th, in Vail at 5:00pm.
Next was Other Business.
Councilor Pysher informed of his attendance at the Aspen Village
Association meeting and that he watched what happened when
managers and owners met. Councilor Pysher commented on the
emotions of the meeting and that regularly scheduled meetings have
been established.
The Financial Matters were next presented to Council.
Councilor Hines moved to receive items #1 thru,#3 and approve
items #4 thru #6. The motion was seconded by Councilor Reynolds
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the September 8th, 1992
Regular Council Meeting minutes As presented. The motion was
seconded by Councilor Nottingham and the motion carried
unanimously.
There being no further business to come-before Council, Mayor
Davis called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Nottingham. The
meeting was adjourned by Mayor Davis at 9:50pm.
RESPECTFULLY SUBMITTED:
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