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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. • • 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. -2- 0 C~ 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. -3- E • 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. -4- • 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. -5- • 0 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. -6- • • 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. -7- 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. -8- 0 0 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 -9- APPROVED: