TC Minutes 05-23-19890 0
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD MAY 23, 1989 - 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.
The meeting was called to order by Mayor Allan Nottingham at 7:30 p.m.
A roll call was taken with Albert Reynolds, Gloria McRory, Jim Stovall
and Jerry Davis present. Also present were Town Attorney John Dunn,
Town Manager Bill James, Director of Engineering Norm Wood, Director
of Municipal Services Larry Brooks, Fire Chief Wayne Smith, Police
Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as members
of the press and public.
The Mayor called for Citizen Input.
Albert Reynolds, Jr. approached the Council. Mr. Reynolds was a local
contractor/developer in the area. He was concerned of the lack of
growth in the Avon-area. He felt that if the building procedures were
streamlined, it would help bring contractors into the area. Some of
the concerns he had were:
1. The 2% transfer tax.
2. The process of the building regulations of the area. Mr. Reynolds
suggested to try to streamline those procedures. He suggested that a
project be looked at all the way through the building stages to see
where changes could be made to shorten the process.
3. the lack of recreational amenities in Avon.
Councilman Davis stated that it has always been a concern on how to
create an atmosphere for people to develop projects in the community.
He stated that controlling the quality of growth and-the quality of work was
important. He would be in support to streamline the process if, infact,
that quality could continue to be present.
The Mayor thanked Mr. Reynolds for his comments and his concern.
There being no further Citizen Input, the mayor closed that portion of
the meeting.
Be it noted that Councilman Bennett arrived at 7:40 p.m.
Be it noted that Councilwoman Harrison arrived at 7:45 p.m.
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Second reading of Ordinances No. 89-2, 89-3 and 89-4, Series of 1989
were next presented to the Council.
Ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE-ENACTING
ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF
TIME-SHARE UNITS;
Ordinance No. 89-3, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.08
OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT
OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS;
Ordinance NO. 89-4, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.28
OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PAYMENT
OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS.
These ordinances were before the Town Council for public hearing.
These ordinances were tabled at the last Council Meeting.
John Dunn stated that the Agreements between the Town of Avon, Christie
Lodge and Falcon Pointe had been executed by all parties. They are now
part of a Stipulation Motion to the District Court. The Agreements had
been reviewed by Judge Jones and the Order has been signed. All of that
was made part of the record in the Court of Appeals. The Stipulation
Motion was Filed in the Court of Appeals to dismiss the Appeal and the
Order has now been entered. All litigation between the Town of Avon and
Christie Lodge was now at an end. He stated that the Town was now
obligated by the Agreement to withdraw ordinances 89-2, 89-3, and 89-4.
Mr. Dunn stated that in respect to Ordinance No. 89-7, the ordinance
required two things:
1. It would require to repeal Ordinance No. 88-14 which was to impose
the Occupancy Tax;
2. It would require to repeal the additional to transfer tax on the sale
of time-share units.
He stated that there was one condition that had not been satisfied and that
was he had not received all the Estoppel letters which Christie Lodge
agreed would be signed by their lenders. Mr. Dunn recommended that
Ordinances 89-2, 89-3 and 89-4, Series of 1989 be voted down.
In respect to Ordinance NO. 89-7, he recommended that the Town Council
take no action, and that it be placed on the June 13th Council Meeting.
Councilman Davis moved to adopt Ordinances 89-2, 89-3 and 89-4, Series of
1989 on second reading. The motion was seconded by Councilwoman McRory.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor entertained a roll call.
There were no aye votes. Those Councilmembers voting nay were: Albert
Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and
Jerry Davis.
The Ordinances were not adopted, therefore died.
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Resolution No. 89-15, Series of 1989, A RESOLUTION APPROVING A
SPECIAL REVIEW USE TO ALLOW OPEN USE RECREATION FOR A CIRCUS ON LOTS
1 AND 2, SUNROAD SUBDIVISION, JUNE 15, 1989.
Norm Wood stated that the Vail Rotary Club requested approval of a
Special Review Use for a five ring circus to be held on Lots 1 and 2 of
the Sunroad Subdivision on Thursday, June 15, 1989. The circus would
be housed in a 145 foot wide by 396 foot long tent with seating for
approximately 3000 people. This would be for one day only. The shows
were at 2:00 p.m. and 8:00 p.m. The proposed location is in the
RHDC(Residential High Density and Commercial)zone district in which
open use recreation was allowed as a Special Review Use. After the
public hearing of the Planning and Zoning Commission, the Commission
granted approval. Mr. Wood stated that the applicant requested a waiver
of the Special Review Use Fee and the Building Permit Fee for the
erection of the tent. The Special Review Use Fee was $50.00 and the
and the Building Permit Fee was $570.00. Mr. Wood recommended that
Council approve the request for waiver of Special Review Use Fee and
the Building Permit Fee. Also, recommended approval of Resolution
No. 89-15. Mr. Wood stated that some of the items that were still
forthcoming were the insurance policies and the written permission
from the land owner. He stated that the building department had been
working with them on the parking and the traffic control.
Councilwoman McRory moved approval of Resolution No. 89-15, Series of
1989. The motion was seconded by Councilman Reynolds and was unanimously
carried.
Councilman Stovall moved approval of the applicant's request for waiver
of the Special Review Use and the Building Permit as recommended by
Norm Wood. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Councilman Davis called for a point of order. He asked that Councilman
Stovall amend his motion to specify the waiver of the Special Review Use
Permit Fee of $50.00 and the Building Permit Fee of $570.00.
Councilman Stovall amended his motion to include the word "Fee"and amount.
The amended motion was seconded by Councilwoman McRory and was unanimously
carried.
The Town Attorney reported on the Cable Rate Deregulation. He
presented the Council with a public notice which explained the
circumstances under which a cable system's rate may be regulated where
there was no "effective"competition. He stated that he discussed the
issues with the FCC in Washington, D.C. He stated that their records
indicated that Denver channels 4,7, and 9 were "significantly received"
signals in Eagle County and that Eagle County or at least portions of it,
would fall within predicated Grade B contour of KBDI and the Glenwood
Springs Station.
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Mr. Dunn stated that any community wishing to demonstrate to the FCC
that there was no "effective competition" within the community must
first approach the cable system operator to seek its voluntary
agreement that competition was not effective and that the operator
should be regulated. If an Agreement was not reached, then a petition
may be filed with the FCC, which must be supported by engineering data
and survey data indicating which signals were received and "significantly
received" within the community. The FCC does have the authority to
assess the petition with engineering costs if the petition was
unsuccessfull.
Discussion followed.
This memorandum would be discussed at the Thursday's T.V. Translator
meeting.
No action was taken.
The next item for discussion was the issue of the County Bus System.
Mr. Brooks stated as the year ends for the existing bus contract, it
was showing a shortfall of $139,557. The Transit Commission had met.
The Commission consisted of Kevin Lindahl acting County Attorney for
Eagle County, Dan Reynolds Manager for the Eagle County Airport, Bob
McIlveen representing Vail Associates and Larry Brooks representing the
Town of Avon. Mr. Brooks stated that as a result of that meeting, he
recommended that a formal request be presented to the Town Council
expressing what the financial problems were.
Mr. Brooks then introduced Kevin Lindahl and Dan Reynolds to the Town
Council.
Kevin Lindahl approached the Council. He thanked the Council for giving
him the opportunity to discuss the bus system financial problem.
He stated that under the contract that Avon had signed with the County
and VA, the County had the right to cut the service back so as to compensate
for the shortfall in the bus fare revenue. He stated that in the winter
months it was difficult to monitor the revenues coming in and could not
cut the service to compensate for that shortfall. Instead, the County
ran the bus system as scheduled. Mr. Lindahl stated that the Commissioners
identified $32,000 worth of revenue that was budgeted to the County
from the bus system to reimburse the County for administrative overhead
costs that the County had incurred. The Commissioners were willing to
for go that revenue in order to offset the deficit. The Commissioners
have proposed to split the deficit, 40% County($75,030); 40% VA($43,030);
and 20% Town of Avon($21,505). He stated that VA has agreed to contribute
their portion. Mr. Lindahl stated that if the problem was not resolved,
then the bus service would be cut.
Discussion followed.
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Mr. Lindahl stated that the Commissioners felt there was an increasing
level of cooperation between the different governmental agencies in
the County, and would like to see that continue. Mr. Lindahl stated that
next year they would plan for a more solid budget for the bus system.
Councilman Davis stated that he appreciated Mr. Lindahl coming before
the Town Council to express the County Commissioners' point of view
on this issue. He stated that he had concern of some mis-conceptions
and mis-givings about approaching the funding on the County deficit. He
stated that it was the same problem as the year before. He asked who
prepared the budget for the bus system.
Mr. Lindahl stated that the budget was prepared by the Transit Commission
which included Bob McIlveen, Susan Vaughn, Kevin Payne(unit the Town of
Avon had gotten involved).
Councilman Davis stated that the Town of Avon paid their contribution
which they had agreed to pay. Avon used the service less than it agreed
to.
Mr. Lindahl stated that Avon received the service that Avon anticipated,
that actual service hours were less than was projected. He stated that
there was a small amount of extra bus service which amounted to $18,000,
but the biggest problem was that the fare revenues that were anticipated,
were not received.
Councilman Davis asked who decided not to charge for bus service during
the World Championships.
Mr. Lindahl stated that the Transit Commission approved, but the
Commissioners were not aware of it when if happened.
It was noted that the Transit Commission does not make those types of
decisions, but the do make recommendations.
Councilman Davis stated that other communities were being serviced and
why were they not asked to contribute to the bus service.
Mr. Lindahl stated that starting next year, the Transit Commission would
be asking those communities for contributions.
Councilman Davis stated that the bus service was being run to Minturn,
Vail and Gypsum this year. He asked what VA's contribution was for
this year for actual service.
Mr. Lindahl stated that between cash and in-kind services it was
approximately nine hundred to one million dollars, which did not include
up the hill service. Mr.Irindahl stated that in regard to Federal Funding,
there had to be year-round bus service. There was at this time, year-round
service. He stated that there were certain time periods where there
could be a lapse in the service without interrupting the federal funding.
The federal funding for this year would be approximately one hundred sixty
thousand dollars. There was a request for two point four million dollars
total, which would be for planning and capital improvements. They were
not eligible for the capital improvements funding this year, but were
eligible for planning funds for this year.
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Councilman Davis stated it would be foolish not to continue the service.
Mr. Lindahl stated that according to the contract, the County was not
required to take the loss in those funds.
Further discussion followed.
Kevin Payne stated that he was on the Transit Commission for just a
portion of the process. He had hoped that the Town Council could find
a way to keep the program going. He felt that the shortfall occured
even before the service started last year. He stated that he never was
involved in the budget sessions and he never agreed to a $300,000
ridership revenue budget. He felt it was a forced number. The problem
was that the system was under funded the day it began. Mr. Payne
suggested to the Transit Commission and to the Town Council that the Vail
Valley Foundation be approached for some reimbursement for some of the
loss revenues during the World Championships.
Bob McIlveen with Vail Associates and a member of the Transit Commission
approached the Council. He felt that what the Transit Commission was
doing, was being relayed to the County Commissioners, but obviously it
was not. He stated that the point of this was, that to make the
whole valley work, the whole valley had to support the bus system. He
stated that VA would contribute their portion of the shortfall. He stated
that the system helps the employees of the valley and the bus system was
still a viable assest to the whole valley.
Councilman Davis agreed with Mr. McIlveen. He stated that the issue was
that it was not that Avon did not support the bus system, but there was
an entity that could and should take the lead role, but it continually
refuses to do so; that entity was the County Commissioners of Eagle County.
He stated that the Commissioners have a mechanism by which to start a
Transit Authority, and the means to get the money. He stated that they
do not live up to their responsibilities, to be the leadership of the
entire County. He had hoped that the County Commissioners would take the
lead role in forming the proper district to fund the Transportation System
from a tax base entity. He stated he would support helping pay for the
deficit if other communities were asked to contribute, and that the
County Commissioners take the leadership role and get a tax base funding
for Transportation in the County.
After some brief discussion, Councilman Davis moved approval that the Town
of Avon was more than willing to work with the Transit Commission to
help them cover their shortfall, but would refrain from making a
contribution until all the other communities had been approached and asked
for funds to help make up the difference. The motion was seconded by
Councilman Reynolds and was unanimously carried.
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Next on the agenda was a final report on future facilities plans
Task Force which was created by Eagle County School District Board
of Education.
Mr. James stated that a meeting was scheduled for Wednesday, May 24,
1989 in Eagle-Vail. He suggested that Councilmembers attend to show
their support for the school site in Avon.
Councilman Davis discussed the recommendation #4 of the report.
It read as follows: "Because two new elementary schools are recommended
with urgency, the Board of Education needs to assure itself and the
community that the sites are appropriate based upon current/projected
population distribution. District lands, in addition to population
patterns, need to be taken into account when choosing elementary school
sites".
Councilman Davis stated that the political aspect has to be taken out
of these discussions. He stated that he still felt very positive about
the Avon site. He stated that it was noted in the report that Avon
would be willing to pay for a Study of the sites if necessary. He
asked that the Councilmembers attend and to show support for the Avon
school site.
No action was taken.
Councilwoman McRory moved approval to
to EDAW, Inc. for the proposed Master
Manager to amend the 1989 budget to r
The motion was seconded by Councilman
Councilman Davis stated it was a step
to continue its proper growth.
award the Scope of Service contract
Plan and to authorize the Town
aflect the amount of $79,980.
Davis and was unanimously carried.
in the right direction for Avon
Mayor Nottingham felt it was a high price, but hoped that the quality
of work would justify the costs and hopefully the Town would see a final
product that would serve the community for a long time.
Next on the agenda was discussion of funding for the Vail Valley Marketing
effort.
The Town Manager stated that it had been requested that the Town of Avon
make their funding contribution to the Town of Vail for the Town's
portion for the Marketing Plan. He stated that last year when the Town
was approached with this process, the Council did make a decision that
it would consider $60,000 in support of a valley-wide marketing, if the
Town Council was presented with a marketing plan that they believed was
acceptable. Mr. James recommended that if the Council did approve the
$60,000 expenditure that the Town make the contribution of $60,000
to the Town of Vail. He stated that there was a local committee working
on other alternatives if this program were to continue in future years.
Councilwoman Harrison reminded the Town Council that they had not seen
the Marketing Plan.
Councilman Stovall moved approval of the contribution of $60,000 toward
the Vail Valley Marketing program for this year.
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The motion was seconded by Councilman Reynolds.
Councilwoman McRory stated that it was led to believe that the Marketing
Board was anticipating, not only the $60,000 for this year, but for the
next five years.
Councilman Davis stated that from a stand point of contribution, the
Board was planning on the funding for the next five years, but it had
always been understood that it had to be approved this year and that
any money forthcoming had to be approved for each year.
The Mayor entertained a vote on the motion. The motion carried with
Councilwomen Harrison and McRory opposing.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved approval of the General Fund of Accounts
Payable for May 23, 1989. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for May 23, 1989. The motion was seconded by Council-
woman McRory and was unanimously carried.
Councilwoman Harrison moved approval of the May 9th, 1989 Council Meeting
Minutes as presented. The motion was seconded by Councilman Reynolds
and was unanimously carried.
Mr. James stated that the Town needed to look at purchasing a new bus.
He stated that one of the Orion buses had been paid off and the other
Orion bus would be paid off in November of this year. He stated that
in order to purchase a new bus for the system by December, it had to
be ordered now.
Mr. Brooks stated that he contacted Bus Industries, which was the same
company the Town had purchased their prior buses. If the Town were to
purchase on 35 foot bus now, the price would be $165,000. He stated
with Federal Regulations coming on line in respect to noise and
emission control, the price would increase. Mr. Brooks stated that
after talking to Mr. Bruce Able Manager of RAFA, Mr. Able gave him
the opportunity to piggy-back off of a fleet order of ten buses.
Bus Industries agreed, as long as the Town would follow the same
specifications. The Town would receive the fleet discount of $151,000
plus the installation of a radio and ski racks. The bus would be delivered
by November of this year. Mr. Brooks stated that he needed to have
the paper work in by June 9, 1989 in order to proceed with purchasing the
bus.
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After some discussion it was the consensus of the Town Council to
proceed with the ordering of the bus.
It was noted that a budget memorandum would be placed in the Council
packets for the next meeting.
There being no further business to come before the Council, Councilwoman
Harrison moved to adjourn. The motion was seconded by Councilman
Reynolds. The meeting was adjourned by Mayor Nottingham at 9:20 p.m.
RESPECTZULLY SUBMITTED:
atricia J. Doyle, Tow
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APPROVED: