TC Minutes 11-26-1985•
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD NOVEMBER 26, 1985 - 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.
Mayor Allan Nottingham called the meeting to order at 7:45 p.m. A
roll call was taken, with Clint Watkins, Steve Miller, Sheila
Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering/Community Development Norm Wood, Chief of
Police Joe Olson, Planning Consultant Jim Lamont, and members of
the press and public.
The Mayor called for Citizen Input. There being no one wishing to
be heard, the Mayor closed the discussion.
Second reading of Ordinance No. 85-22, Series of 1985, AN
ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP
OF THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND AS
SPECIALLY PLANNED AREA AND-APPROVING PRECISE PLAN FOR SAID AREA.
This was regarding the-Falcon Pointe Lodge time-sharing. The
Mayor opened the meeting for public hearing.
Jack Garland, resident of Beaver Creek West, approached the
Council. He stated he was opposed to the zoning change proposed
for Falcon Pointe Lodge. He felt Council was trying to bail a
company out of financial trouble, and felt it was not a proper
thing for the Town to be doing. He also felt that Council should
consider the adjacent property owners, and their opposition to the
zone change.
Councilman Miller stated that the concerns Council had expressed
to Falcon Pointe and been addressed in a manner satisfactory to
Council, and this should make the adjacent property owners
comfortable.
Bronson Rumsey, representing the Beaver Creek West Condominium
Assoication, Board of Directors, and Home Owners Association,
approached the Council. He submitted a letter from Kent Kelly,
President of the Beaver Creek West Homeowners Association. Mr.
Rumsey read the letter in its entirety. In his letter, Mr. Kelly
stated that Beaver Creek West would be willing to support a
possible decision by Council to allow time-sharing on lots 45 & 46
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if, and only if, Council would give Beaver Creek West equal
consideration should they decide to time-share in the future. He
felt the owners of both projects should share in management, and
hopefully see the advantages of combining the two projects at some
future time (see attached letter).
Mr. Garland -stated that, if Council approved the Falcon Pointe
project, it would then encourage other developers to follow.
Councilman Miller moved approval of Ordinance #85-22, Series of
1985, on second reading. The motion was seconded by Councilwoman
Davis.
Discussion followed.
Councilman Wells suggested that, under Section 2-A, 4th line, 7th
line, and under 2-C, the word "residential" be added before the
word "condominium". Councilman Miller amended his motion to
include the addition. The amended motion was seconded by
Councilman Wells.
Councilman Buick asked if approval of the ordinance would grant
the owners 60 one-bedroom units.
The Town Attorney stated that the owners must go through the
Administrative Fractionalization process, and submit a Subdivision
Map and a Subdividers Agreement for Council approval. He stated
the ordinance gives the owners approval for the use, only. The
ordinance states the owners have the right to the use; to
construct 60 one-bedroom units, subject to Council's approval of
the Subdividers Agreement and the Final Plat.
Attorney Dennis Cole, representing, the owners of Falcon Pointe,
approached the Council. He stated their calculations indicate
that the proposed 60 units would not exceed the 30 Residential
Development Rights existing on the lot.
Council then voted unanimously in favor of the above amendment.
In order to be consistent with page 1, Councilman Watkins moved to
amend the 4th paragraph on page 2 to state that the Planning and
Zoning Commission had recommended denial. After discussion,
Council agreed that the words "recommending denial of the proposed
amendment" should be added after the words "Town Council".
Councilman Watkins amended his motion to include those words in
paragraph 4. The amended motion was seconded by Councilman
Miller, and was unanimously carried.
Councilman Watkins moved to delete the words "hotels, lodges,
motels" from page 4, subsection 2-B. The motion was seconded by
Councilman Miller.
Discussion followed.
Councilman Wells stated that all uses were per the Zoning Code,
and it was very possible to end up with those uses when the
project was completed.
Further discussion followed.
Councilman Miller withdrew his second of the motion. Council
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discussed the possibility of short and long term lodging at the
project. After discussion, Councilman Watkins withdrew his
motion.
Councilman Watkins asked if, with all the other things the owners
would be doing for the Town, it would be possible to include help
with the transportation system by providing a bus.
Dennis Cole stated they realize that the conversion of the project
to time-share will have some impact on the Town, including the
transportation system, and they felt it was their obligation to
mitigate those impacts. He stated that, if the Council felt there
was an impact on the transportation system, they would have an
obligation to address that issue. He stated they were concerned
about how they would address the issue. Mr. Cole stated they have
already committed to the widening of the entrance at Benchmark
Road, and to the construction of a covered bus shelter, also.
Councilman Wells stated that Council had received a report from
the Planning and Zoning Commission that explained why the
Commission had recommended denial of the project.
The Mayor called for a roll call vote. Those Council members
voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J.
Wells, Al Connell, and Don Buick. There were no "nay" votes. The
motion carried unanimously.
Resolution No. 85-40, Series of 1985, A RESOLUTION SUMMARIZING
EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1985
BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 1985, AND ENDING ON THE
LAST DAY-OF DECEMBER, 1985.
The Town Manager stated the Resolution reflects the difference
between the revenues and expenditures that actually occured in
1985, and the original estimates previously approved by Council.
Councilman Miller moved approval of Resolution 85-40, Series of
1985, amending the 1985 information given to Council at the
afternoon work session: The motion was seconded by Councilman
Connell, and was unanimously carried.
Next on the agenda was the proposed 1986 budget. The Mayor opened
the meeting for public hearing. There being no one wishing to be
heard, the Mayor closed the hearing.
Councilman Miller moved approval of Resolution No. 85-41, Series
of 1985, adopting the 1986 budget, based on information presented
to Council at the afternoon work session. The motion was seconded
by Councilman Connell.
Discussion followed.
The Town Manager stated that Council was adopting the budget as a
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format, that includes various tax proposals Council would be
considering later in the meeting. If the tax proposals were
denied, then Resolution #85-41 would be amended. It was stated
that Council would also-be-approving a full-time Special Events
Coordinator.
The Town Manager stated that everything would be included in the
1986 budget, except the changes he noted in a memorandum, dated
November 22, 1985 (see attached memorandum).
Councilman Miller stated the 1986 budget was adopted after several
work sessions, with the Council-and the Town Manager, that were
held for review of the budget.
After discussion, it was agreed to adopt the 1986 budget and then,
if Council was uncomfortable with certain items included,
Council had the option to bring those items back for further
consideration at a later date.
Councilman Watkins moved to amend the motion to adopt the budget
to provide that the Town Manager not have the authorization to
start advertising for a Special Events Coordinator until after
further discussion on the matter. The amended motion was seconded
by Councilman Buick.
Further discussion followed.
Councilman Miller stated he had understood, from several budget
work sessions, that Council had decided in favor of a full-time
Special Events Coordinator and would proceed according to the Town
Manager's recommendation.
Councilwoman Davis stated it was her understanding that
advertising for the position would not begin until January, 1986,
and felt the Town does need a full-time person in that position.
After discussion, it was agreed to consider this position at the
next regular work session (December 10th).
Councilman Watkins felt his amended motion was not in order, and
so withdrew it. Councilman Buick withdrew his second.
The Mayor stated that a vote was in order on the motion to adopt
the 1986 budget, subject to further discussion on a full-time
Special Events Coordinator at the next regular work session. The
motion carried unanimously.
Second reading of Ordinance No. 85-20, Series of 1985, AN
ORDINANCE AMENDING SECTION 3.32.020 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON AS IT RELATES TO THE TAX LEVIED ON TRANSFERS OF
TIME-SHARE UNITS. This would be a public hearing.
The Town Manager stated that the effective date of all the
proposed ordinances before Council this evening would be January
1, 1986. He stated that the revenues generated by this particular
tax were earmarked 50% for transportation and 50% for Capital
Improvements.
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The Town Attorney stated this ordinance would increase the amount
of transfer tax, on time-share units, from 1/4% to 1%. After
discussion, Councilman Miller moved approval of Ordinance No.
85-20, Series of 1985, with the effective date to be January 1,
1986. After discussion, Councilman Miller amended his motion to
change the effective date to December 1, 1985. The amended motion
was seconded by Councilman Buick.
Further discussion followed. Some of the Council felt December 1,
1985, was too soon for the effective date.
Councilman Wells felt it was unfair to make it effective with
seven days after adoption. He stated it would be too difficult to
bring books up to date and to let people know to include this
increase in their closings. He felt Council should allow people
some time to get ready for the increase.
Councilman Watkins felt the effective date should be January 1,
1986. Mr. Dunn stated that a Section 2 would be added, stating
"effective January 1, 1986". Councilman Wells so moved. The
amended motion was seconded by Councilman Connell, and was
unanimously carried. Further discussion followed.
Council was concerned about changes that were made to the
ordinance. They were not sure if they had made the changes on
first reading.
At this point, the Mayor opened the meeting for public hearing.
Dennis'Cole, representing Falcon Pointe Lodge and Christie Lodge
time-sharing, approached the Council. He stated they felt the
increase, from 1/4% to 1%, would cover most all of the impacts
these projects would have on the Town. He felt that, if
time-share projects bear a 3-fold increase in transfer tax,
earmarked for transportation/Capital Improvements, the the impacts
from these projects on the Town will have been mitigated. There
was some discussion on how the percentage of tax was determined.
The Town Attorney stated there were no Council-directed changes to
the ordinance, the changes made were in the format, as follows:
(1) it was an amendment to Section 3.32.020, instead of the
original ordinance adopting the-tax; (2) the recital that read,
"the Town Council deems it in the best interest of the Town and
its residents to amend Section 2 as set forth herein" was deleted;
(3) "all other provisions of ordinance 85-6 not modified herein
shall remain in full force" was deleted from the ordinance, also.
After discussion, Council agreed they would prefer that the
ordinance be read on first reading, due to all the changes made.
Councilman Miller withdrew his motion. Councilman Buick withdrew
his second. Councilman Miller moved approval of Ordinance No.
85-20, Series of 1985, on first reading, including the words,
"effective January 1,-1986".
The motion was seconded by Councilman Wells.
A roll call was taken, with Council members Clint Watkins, Steve
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Miller, Sheila Davis, A.J. Wells, Al Connell, and Don Buick voting
"aye". There were no "nay" votes. The motion carried
unanimously.
First reading of Ordinance No. 85-24, Series of 1985, AN ORDINANCE
CONCERNING THE TOWN'S SALES'TAX;'REPEALING AND RE-ENACTING SECTION
3.08.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON.
The Town Attorney stated this ordinance was- in connection with
Ordinance No. 85-28, that was to be dealt with later in the
meeting. He stated that, under the Code in its present form,
subsection F of Section 3.08.040 exempts all utilities. Ordinance
85-24 would-establish a tax on utilities, in the amount of 1% of
gross receipts. The other provision in the ordinance, in
paragraph B, states that although the rental agreement may occur
outside the Town, it would still be taxed. In other words, all
rental would be taxed.
After discussion, Councilman Wells moved approval of Ordinance No.
85-24, Series of 1985, on first reading, including the words,
"effective January 1; 1986". Councilman Miller seconded the
motion. Council members voting "aye" were Steve Miller, Sheila
Davis, A.J. Wells, and Don Buick. Council members voting "nay"
were Clint Watkins and Al Connell. The motion carried by a 4 to 2
vote.
First reading of Ordinance No. 85-27, Series of 1985, AN ORDINANCE
AMENDING SECTION 3.08.020 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON, TO INCLUDE THE RENTAL OF-ANY TANGIBLE ITEM AS A TAXABLE
TRANSACTION.
This-ordinance regards rentals on such things as skis, cars,
VCR's, etc.
Councilman Miller moved approval of Ordinance No. 85-27, Series of
1985, on first reading, to be effective January 1, 1986.
Councilwoman Davis seconded the motion. Those Council members
voting "aye" were Steve Miller, Sheila Davis, A.J. Wells, Al
Connell, and Don Buick. Councilman Watkins was absent from the
voting. The motion carried unanimously.
First reading of Ordinance No. 85-25, Series of 1985, AN ORDINANCE
AMENDING SECTION 3.28.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
TO INCREASE THE RATE AND COVERAGE OF THE PUBLIC ACCOMMODATIONS TAX.
The Town Attorney stated this ordinance would raise the
Accommodations Tax, from 1% to 4%. Councilman Miller moved
approval of Ordinance No. 85-25, Series of 1985, on first reading,
to be effective January 1, 1986. Councilwoman Davis seconded the
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motion.
Discussion followed.
Council asked how the Accommodation Tax would work with
time-share units.
The Town Manager stated
used by the owner, and
the tax would apply.
The Mayor called for a
Council members voting
Wells, Al Connell, and
from the voting. There
respect to
that, if the time-share unit was not being
was being rented out to an individual, then
roll call vote.
"aye" were Steve Miller, Sheila Davis, A.J.
Don Buick. Councilman Watkins was absent
were no "nay" votes. The motion carried.
First reading of Ordinance No. 85-28, Series of 1985, AN ORDINANCE
AMENDING SUBSECTION F OF SECTION 3.08.040 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON AS IT RELATES TO EXEMPTIONS FROM SALES TAX.
This ordinance would exempt Cable Television from sales tax.
Councilman Miller moved approval of Ordinance No. 85-28, Series of
1985, with a correction to 3.08.040 in the title and in Section 1,
on first reading. Councilman Connell seconded the motion.
Councilmembers voting "aye" were Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick. There were no
"nay" votes. The motion carried unanimously.
First reading of Ordinance No. 85-29, Series of 1985, AN ORDINANCE
AMENDING SECTION 3.32.030 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
REGARDING THE AMOUNT OF TAX ON THE USE OF ANY TIME-SHARE UNIT
LOCATED IN THE TOWN.
This ordinance would increase the maintenance fee on time-share
units, from $7.63 to $10.00, and would change the date of November
1, 1985, to January 1, 1986.
Councilman Wells moved approval of Ordinance No. 85-29, Series of
1985, on first reading, changing November 1, 1985, to January 1,
1986. Councilman Miller seconded the motion. Council members
voting "aye" were Clint Watkins, Steve Miller, Sheila Davis, A.J.
Wells, Al Connell, and Don Buick. There were no "nay" votes. The
motion carried unanimously.
First reading of Ordinance No. 85-30, Series of 1985, AN ORDINANCE
AMENDING TITLE 15 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO
PROVIDE'FOR THE PAYMENT OF TAP FEES.
The Town'Attorney stated- this ordinance would add a provision to
the Building Code stating that no temporary Certificate of
Occupancy would be issued until all tap fees had been paid, and
evidence of such was provided to the Town. He recommended that the
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word "such" be deleted, after the word "all".
After discussion, it was agreed to add "applicable tap fees" to the
sentence, after the word "all". Councilman Miller moved approval
of the addition. Councilwoman Davis seconded the motion, and it
carried unanimously.
Councilman Wells moved approval of Ordinance No. 85-30, Series of
1985, on first reading, with the addition. Councilman Miller
seconded the motion. Council members voting "aye" were Clint
Watkins, Steve Miller, Sheila Davis, Al Connell, A.J. Wells, and
Don Buick. There were no "nay" votes. The motion carried
unanimously.
First reading of Ordinance No. 85-26, Series of 1985, AN ORDINANCE
AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE AGREEMENT.
This was regarding a front-end loader.
The Town Attorney stated he had reviewed the lease agreement, found
it to be standard, and recommended Council approve the ordinance on
first readng.
The Town Manager stated this was provided for in the 1986 budget.
After discussion, Councilman Miller moved approval of Ordinance No.
85-26, Series of 1985, on first reading. Councilwoman Davis
seconded the motion. Those Council members voting "aye" were Steve
Miller, Sheila Davis, A.J. Wells, and Don Buick. Councilmen
Watkins and Connell voted "nay". The motion carried by a 4 to 2
vote.
The Town Manager requested that Resolution No. 85-38 be deferred
until later in the meeting, so he could review it.
The Mayor agreed.
Resolution No. 85-39, Series of 1985, A RESOLUTION DENYING THE AVON
TRADER, INC., PROJECT.
The Town Attorney stated he had been requested to draft a
resolution outlining findings made in the denial of the application
for approval of the project. Councilman Miller moved approval of
Resolution No. 85-39, Series of 1985. Councilwoman Davis seconded
the motion.
Discussion followed.
Councilman Miller requested that Council acknowledge receipt of the
letter from Architect Will Trout, dated November 7, 1985, addressed
to Norm Wood. Council agreed. Councilman Watkins moved to amend
the motion to include, in paragraph 4, the dates of the other
public hearings held on the proposed project, including October 22,
and November 12. Councilman Miller seconded the motion to amend,
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and it carried unanimously.
The Mayor called for a vote on the Resolution, which carried
unanimously.
Merv Lapin, with the Vail Hockey Team, approached the Council. He
stated that the local hockey club had been invited, through the
Amateur Hockey Association of the United States' U.S. Olympics
Committee, to travel on a good will tour of'Finland, Sweden, and
the Soviet Union, from December 21, 1985, through January 3, 1986.
Because six of the boys were having financial trouble and would
not be able to come up with money for the tour, Mr. Lapin was
requesting a $2,000 contribution from the Town.
After discussion, Councilman Wells stated that Council should
approve the request for funds to be donated to the six boys.
Councilman Miller so moved, with a limit of $2,000, subject to the
boys making a presentation to Council on their trip, when they
return. Councilman Watkins seconded the motion, and it carried
unanimously.
Council then recessed, at 9:55 p.m., and reconvened at 10:05 p.m.
Resolution No. 85-38, Series of 1985, A RESOLUTION AUTHORIZING A
SUPPLEMENT TO THE INDENTURE, AN AMENDMENT TO THE LOAN AGREEMENT
AND AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS UNDER THE LOAN
AGREEMENT RELATING- TO THE TOWN OF AVON, COLORADO, $9,000,000
INDUSTRIAL DEVELOPMENT REVENUE BONDS,(AVON/BEAVER CREEK HOLIDAY
.
INN HOTEL PROJECT), SERIES OF-1984
The Town Attorney stated this resolution would transfer the
availability of Bond proceeds, from the Holiday Inn project to the
Wynfield Inn project, from north of the Interstate to south of the
Interstate. He recommeded Council approval of the Resolution.
Councilman Miller moved approval of Resolution No. 85-38, Series
of 1985. Councilman Wells seconded the motion, and it carried
unanimously.
The Town Attorney reported on the Avon Town Center Mall
foreclosures. He stated that the Town has received payment from
Liliscislke, in full. The Peregrine foreclosure remains basically
the same as it was a few weeks ago. Mr. Dunn stated he has been
assured of payment by the end of the month. He stated that, in
the mean time, one of the lien claimers has filed a bankruptcy
petition and Peregrine, through their attorneys, has taken the
position that the jurisdiction of the bankruptcy court prevents
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the Peregrine foreclosure from proceeding further. Mr. Dunn
stated he would file a complaint with the bankruptcy court, and
expected it to be a routine matter.
Resolution No. 85-36, Series of 1985, ADOPTION OF THE DEVELOPMENT
PLAN. (This was a public hearing, continued from November 12th)
Councilman Miller moved approval of Resolution No. 85-36, Series
of 1985. Councilman Buick seconded the motion.
Discussion followed.
Councilman Miller stated that Council had received new language
from the owners of the trailer park, that had been requested by
Council, regarding the Mobile Home Parks section in the proposed
Development Plan.
Councilman Connell felt he needed more time to review the new
language, before he could make a decision.
The Mayor opened the meeting for public hearing.
Attorney Jay Peterson, representing the owners of the mobile home
park, approached the Council. Mr. Peterson stated that the
original language basically stated that the most advantageous
arrangement for the trailer park was for people to individually
own, or long term lease, the small, individual lots. He had
deleted this language, and in the part of the section that would
be a continuing Town policy; if a mobile home lot was to be
rezoned, then living arrangements would need to be addressed at
that time. He stated there were no current plans to remove the
trailer park. Other language he had deleted regarded a
transitional period, during which mobile home owners would either
purchase their lot or establish a long term lease which, according
to the language, would give them a sense of well-being. He felt
the language should not be included, and felt it was not a
governmental function. He stated that the 3rd paragraph on page
18 was identical to the 1st paragraph on page 17, and felt it
should be deleted.
Council discussed where the burden of relocating the park
residents should lie, if and when the park was rezoned.
Discussion followed.
Bonnie Fulton, resident of the trailer park, approached the
Council. She felt Mr. Lamont's original language did not lock
anybody into anything, and felt it told her the Town's position
regarding mobile homes and diversity. She stated that the issue
of where the right location was for a trailer park had to be
decided fairly soon. She stated she would like the language to
stay as it is, and felt it seemed to protect the residents of the
park.
Joanne Potter, resident of the trailer park, next approached the
Council. She stated that Avon needs a diverse community, and felt
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there was no place in Avon where people who are just starting out
can afford to live. She stated that Avon needs people who want to
live, work, and invest their money in Avon. She felt Avon needed
low-cost housing.
Ed Everett, resident of the trailer park, approached the Council.
He stated that the issue should be dealt with now, not later on.
He felt Mr. Lamont's language should be left in the document, to
force progress in a certain direction.
Councilman Miller recommended that Council approve the Master
Plan, contingent upon staff review of the language that was
presented and the comments that were made, and then review the
document again before approval.
Discussion, between Council and park residents, followed.
The Town Manager felt Council needed to really look at the
document closely and review it in detail at a work session.
Councilman Wells agreed, and felt the language should be more
generic. He stated the language has to be softened to be
applicable to mobile home parks in general, and to what could
happen, not so much what will happen. He felt the document should
be reviewed in detail, and stated he would like to have Mr. Lamont
go through the document and soften the language where it was too
specific.
A work session was scheduled, for December 3, 1985, from 5:00 to
7:30 p.m., to review the proposed Development Plan.
Councilman Connell moved to table Resolution No. 85-36, Series of
1985. Councilman Wells seconded the motion, and it carried
unanimously.
The Town Manager reported on the Haralson & Associates' proposal
for a ,feasibility study regarding a site for a water park. The
study would determine sources of market support, project
attendance levels, determine design period attendance levels,
establish physical facility requirements and staffing structures,
and prepare a financial analysis. The cost for this assignment
was estimated at $15,000, plus out-of-pocket expenses, and would
be completed within 30 days of authorization to proceed. Council
directed Mr. James to check the company's references and report
back to Council at the next meeting. The payment schedule would
be: $2,500 fifteen days after authorization; $7,500 upon
submission of the draft; $5,000 upon acceptance of the final
report.
Council agreed. No action was taken.
The Town manager reported on the Ecomonic and Marketing Plan. Mr.
James proposed the possibility of the Town going to the private
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sector for funds to help finance the Economic and Marketing Plan.
He stated he could possibly raise up to $20,000, from various
businesses and organizations in the Avon area, to help pay for
this type of study, which he felt would be of great benefit to the
businesses and organizations in the area. He requested Council's
authorization to pursue the matter. Depending on the total cost
of the project, the Town would match whatever private sector
funding could be obtained. Mr. James stated he would approach it
on the basis of amount of contribution; for example, a $2,500
contribution would entitle that business to have a representative
on a committee. He stated he would like to have two
representatives from the Town Council on that committee, also.
After discussion, Council appointed Councilman Miller and
Councilman Watkins to serve on that committee, with Mayor Allan
Nottingham as an alternate.
The Financial Matters were next presented to the Council.
Councilman Miller moved to receive items #1 through #9.
Councilman Watkins seconded the motion, and it carried
unanimously.
Councilman Watkins moved approval of the General Fund Accounts
Payable for November 26, 1985. Councilman Miller seconded the
motion, and it carried unanimously.
Councilman Miller moved approval of the Transit Fund Accounts
Payable for November 26, 1985. Councilman Watkins seconded the
motion, and it carried unanimously.
Councilwoman Davis moved approval of the Reconciliation Sheet of
Accounts Payable for November 26, 1985. Councilman Miller
seconded the motion, and it carried unanimously.
The minutes of the November 12, 1985, Council meeting were next
presented to the Council. Councilman Miller moved approval of the
November 12th Council meeting minutes. Councilman Connell
seconded the motion, and it carried unanimously.
Councilman Watkins requested that the titles
"Councilman/Councilwoman" be used consistently throughout the
minutes in the future.
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Councilman Miller congratulated Pam Holmes, with the Eagle Valley
Enterprise newspaper, on her one year anniversary covering Avon
Town Council meetings.
Councilman Miller discussed the possibility of a formula being
drafted for determining impact fees.
There being no further business to come before the Council,
Councilman Watkins moved to adjourn the meeting into Executive
Session. The motion was seconded by Councilman Miller. The
Council adjourned into Executive Session at 11:10 p.m.
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BEA VER CREEK. WEST
Condominiums
P. O. Box 5290, Avon, Colorado 81620
Outside Colorado
1-800-222-4840
November 26, 1985
Avon City Council
Avon, Colorado
Dear Council Members:
Inside Colorado
1.303-949-4840
Please be advised that our nine member Board of Directors for the
Beaver Creek West Condominium Association unanimously agrees on our
Association's position regarding the proposed timehsaring for Lot 45
and/or Lot 46, which adjoin our property. Our Board has again directed
me to reiterate our position to you via this letter.
Being consistent with our earlier stated position, we are still
opposed to timesharing on Lot 45 and/or Lot 46. The primary reason
for this opposition is the same as it has always been. This is the
fact that when we all bought our properties from the developer, we
were promised that any condominiums built on Lots 45 and 46 would become
part of our project, sharing our common element amenities, participate
in the same management, and be used, operated and sold the same way as
our properties. At the time we purchased our properties, we relied
not only on the developer's promises as stated above, we also relied
on the then current zoning on Lot 45 and Lot 46 (which remains the
same as of today) which absolutely does not allow timesharing.
Notwithstanding our position as stated above, we would be willing
to support your possible decision to allow timesharing on Lots 45 and
46 if, and only if, you will give us equal consideration in the future
should we decide to timeshare. We have no intention of timesharing at
this time, and we are opposed to it at this time. However, if you
decide to approve timesharing on Lot 45 and/or Lot 46, we would support
such a decision only if we will be allowed to timeshare also. Again,
this is only consistent with what we have always wanted; that is, that
Lots 45 and 46 be a part of our project, operated, managed and sold the
same way as ours.
While we realize at this time that the current owners of Lots 45
and 46 refuse to be a part of our project and share in our management,
we still hold hope that future owners will see the advantages and com-
bine with us to be one and the same. However, if Lot 45 and/or Lot 46's
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Avon City Council November 26, 1985
RE: Timesharing - Beaver Creek West
Page Two
owners go their own way and timeshare while we are not timeshare properties,
there will be no hope of the whole project being one and the same. We feel
that our properties' values will never reach their full potential, until Lots
45 and 46 combine with us as we were promised when we purchased.
Sincerely,
Kent T. Kelly, Pre dent
Beaver Creek West Condominium Association
KTK:bd
i
0
TO: The Honorable Mayor and Town Council
FROM: William D. James,, Town Manager
DATE: November 21, 1985
SUBJECT:Budget Changes
1) Sales Tax - Decreased by $60,000 as a result of applying
to to utility rather than 40.
2) Recreational Maintenance Fees - Increased by $50,000 -
Transit Operating Budget $340,300
times 35.80 Christie Lodge
ridership $121,828
divided estimated number
of lodge owners in 12/31/85
12,000 $ 10.15 per week
1986 Budget includes $10.00 per week.
3) Contingency - Increased by $10,900 - moved contributions of
other agencies not related to marketinc, from
marketing account to contingency.
4) Marketing - Reflects $30,250 contribution to the 1989 World Cuo.
5) Police _ Increased by $1,530 to purchase bullet proof
vests for police officers.
6) Special Events - Decreased by $28,000--4th of July was taken
out of the budget.
7) Transfer to other Funds - Transit-added $28,000 for night time
bus service during ski season
8) Transit Fund - Increased by $28,000 for night time bus service.
I will have justification for the to Amenities Tax available at the
work shop.
Also, you have a resolution to amend the 1985 budget. This resolution
is a routine matter to reflect our revised revenue and expenditure
estimates.