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TC Minutes 09-26-19890 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD SEPTEMBER 26, 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 8:16 p.m. A roll call was taken with David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Community Development/Engineer Norm Wood, Director of Municipal Services Larry Brooks, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as,members of the press and public. The Mayor called for Citizen Input. Peter Jamar with EDAW, Inc. approached the Council. Mr. Jamar updated the Town Council on the proposed Master Plan for the Town of Avon. He stated that they were going into Phase III of the Plan, which was "Alternative Plan Scenario. A work session was scheduled for October 17, 1989 at 2:00 p.m. in the Town Hall. The Planning and Zoning Commission would also be notified of the work session. The Mayor thanked Mr.-Jamar for his update report. Ted Martin with U.S. Sports and representing the Mountain Man Triathlon approached the Council. Mr. Martin was requesting for some early funding of the $8,000 that was approved at the August 22, 1989 Council Meeting for the Mountain Man Triathlon Event. The event was scheduled for February 3, 1990. The money was needed for some start-up costs for additional advertising for the Event. Mr. James had concern that if Council approved the early funding for one organization, it would be only right to listen to other organizations for their request for early funding. He stated that Special Events were difficult to fund and hard to keep up-to-date. He stated that if the Mountain Man Triathlon Event was given the early funding, then there should be no critism about the Resort Association requesting early funding. • 0 Councilman Davis also had concern of funding monies outside the budget process. He stated that there need. to be a process of where the Council could discuss all those contributions at one time, that the organizations should submit to the Council of what their program of plan was, and some estimated costs would be, so there would be some idea of what the Town would be funding. Mr. Martin stated that the event would go on whether the money was given now or later, but the money would make the event better if it could be used now, if they could spend some additional dollars at this point in time to do some advertising. Councilman Stovall agreed with Councilman Davis. He stated he just as soon authorize the request to Ted Martin, so he could get on with the event, but the Council had to establish a program for request funding. The Town Council suggested that, at this time, Mr. Martin submit his request for funding for the 1991 Mountain Man Triathlon Event. After some discussion, Councilman Davis moved to direct the Town Manager to amend the 1989 budget in the amount of $8,000 to provide funding for the Mountain Man Triathlon. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Garton suggested that Mr. Martin submit a letter now, for his request for funding for the 1991 budget. The Council agreed. Kevin Whelan with the Edwards Metropolitan District which helps fund the Avon Fire Department, approached the Council. He stated that they have gone through the budget process of the Fire Department. The Avon Fire Department is controlled by seven entities, Edwards, Arrowhead, Berry Creek, Beaver Creek, Eagle-Vail and Avon Metropolitan Districts. He stated they have been meeting on the issue of consolidation of the districts. He stated that this issue has been placed on the back burner and does concern the Edwards Metropolitan District. He stated that this was a basic service to the public. When the budget process is submitted, each political entity has to justify the process and the funding that is put out. Basically Edwards Metropolitan District tax payers pay the most for fire protection. The tax payers of Edwards uses the least, so each year when the budget process is here, and when new equipment is needed, Edwards Metropolitan District bulks at any increases in prices, because they are paying more than what Edwards needs. He stated that Edwards wants to consolidate, which would make sense. In consolidation, Edwards would not have a voice in any increase in prices, because it would be working for the whole District, instead of just one district. He stated that Avon was looking at purchasing new bunker gear and possibly a new rescue truck. Edwards would have a concern with that, because Edwards was paying more than their needs. -2- • • Mr. Whelan stated that Edwards was looking for some direction from the Town Council of whether consolidation would happen, or would there always be a Town of Avon Fire Department. He stated that they need some direction, so Edwards could look at their options. He stated that the cost, if consolidation were to occur, would not change that much. He stated that consolidation would make sense that instead of having thirty political individuals having input into the budget process, and running the Fire Department, there would only be one Board of six people. Councilman Bennett asked for clarification. If consolidation occured, the cost to each area would be the same, nothing would change except the political entity, and you say that Edwards was paying more than its share, then if nothing was going to change, what would Edwards gain by the consolidation. Mr. Whelan stated, a justification for the increase. Councilwoman McRory stated that she was speaking only for herself, and not for the other Councilmembers. Avon was a Town that was growing and that Avon has its own Police Department and she felt it was time for Avon to have its own Fire Department. She felt it was at that stage. Councilman Davis commented that he read somewhere, that Edwards felt that a volunteer Fire Department was acceptable for Edwards and that was all Edwards really needed. Mr. Whelan stated that it was an option that Edwards was looking at. Councilman Davis stated that he was willing to look at consolidation, but if the history of consolidation was any clue to Avon, what it did in the case of the water issue was, somebody outside the community was telling us that Avon had to do what they wanted to do, which was to increase the rates, but they wouldn't address the issues of the water losses in other Metropolitan Districts that were much greater than Avon's. He did agree that a fair way of funding was by Assess Valuation. Mr. Whelan stated that Edwards pays 5.9 mills for fire protection. All the other districts work out to be around 3.9 mills. Mr. James stated that Eagle-Vail pays 250, Avon 25%, Beaver Creek 250, and then Arrowhead, Berry Creek and Edwards pay 1/3 of the remaining 25%. This was established by Agreement. He stated that the Council was wanting to continue to work with the Districts, willing to enter into a new Agreement with the Districts, and that a letter be sent out to the other Districts stating that Avon was interested in continuing the relationships with them. Councilman Stovall stated that he also invision the Town of Avon to have its own Fire Department. He stated that he would be in favor of the Town of Avon remaining independent and not be part of a massive District. -3- • • The Mayor stated it was the consensus that Avon would like to have its own Fire Department, but would be willing to contract with the other Districts, and that Avon really wants a working relationship with the other Districts. The Mayor thanked Mr. Whelan for his presentation and his comments. There being no further Citizen Input, the Mayor closed that portion of the agenda. Second reading of Ordinance No. 89-12, Series of 1989, A ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE FOR AN ADDITIONAL EXEMPTION FROM THE REAL PROPERTY TRANSFER TAX. John Dunn stated the change that was made to the Ordinance was in Section "O"'l, which read as follows: "The consideration for the sale is not in excess of an amount certified annually by the town manager, which amount shall be four times the medium household income of Eagle County as announced by the Department of Housing and Urban Development". Councilwoman McRory moved approval of Ordinance No. 89-12, Series of 1989 on second reading. The motion was seconded by Councilman Stovall. The Mayor opened the meeting for public hearing. Clint Watkins, resident of Avon approached the Council. He stated that his bias was in regard to the transfer tax. He felt it should be reduced back to the 1%. He discussed the history of the increase of the transfer tax going to 20. It was because the money was needed at that time. He stated that looking at the neighboring towns surrounding Avon, it appeared that there has been more essential development and activity than Avon has. He stated that residential development has to be encouraged, but felt that Avon should not limit it to $100,000 to $120,000 for potential development. Avon should want to encourage the $200,000 to $300,000 residential development range. Mr. Watkins felt that the 20 transfer tax was a fairly high rate. He stated if you look at a higher price project you would be reaching a point that a prospective buyer would probably avoid because of the 20 transfer tax rate. Jeff Spanel representing the developers of Eaglebend Subdivision approached the Council. Mr. Spanel would like the Council to consider that, rather than putting a cap of $120,000, that they would like the ordinance to read, "that it would be the first x-many dollars of the sale being exempted". He stated that they were developing projects in the $125,000 to the $140,000 price range, so they were just outside the exemption. He stated that the developers felt that they were building local housing for local families. He stated that the purpose of the ordinance was to encourage permanent full-time local people, and by providing it as a flat exemption for so many dollars, it would make it available to every body rather than just a specific group. -4- • • The Mayor then closed the public hearing and returned the discussion over to the Town Council. Councilwoman McRory stated that if the community keeps growing and if Avon's taxes keep accummulating, possibly the Council could look at reducing the transfer tax, but now, what the Council was trying to do was to send out a message to the first time home buyers in the medium income range. Councilman Davis stated that his concept was to do away with the first $125,000, just make it 1%. He stated that in today's society, that when taxes are increased because the money is needed, somehow government forgets to reduce taxes when the money is not needed. He felt that it had some negative affect on development and home buying in the community even if its a preception. He felt the Council should look at it to see if it has any impact on revenues. He stated he would like to see the Council reduce these taxes, also reduce sales tax on food. Councilman Garton requested that the ordinance be tabled to research this issue to see if it would be feasible to reduce the transfer tax. The Councilmembers did not agree. It was stated that the Council needed a work session to discuss this issue. They wanted to see how it would affect the revenues. Mr. James stated that he had a real being that there were sixteen units and that those people were looking could use the exemption. concern of tabling the ordinance being built for affordable housing for this ordinance so that they Councilwoman McRory felt the ordinance should be passed on second reading and that a scheduled work session be set as to look at the transfer tax issue more closely. Councilman Bennett was proposing an amendment of the ordinance by raising the figure to $150,000 instead of the $120,000. Those Councilmembers voting aye were: Dave Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. the motion was unanimously carried. Resolution NO. 89-34, Series of 1989, A RESOLUTION APPROVING FINAL PLAT FOR MEDSKER SUBDIVISION, LOT 1, RESUBDIVISION, A RESUBDIVISION OF LOTS 30 and 31, BLOCK 1, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, TOWN OF AVON, EAGLE COUNTY, COLORADO Norm Wood stated that this Plat re-establishes the dividing line between two lots previously designated as Lot 30 and Lot 31, Block 1, Benchmark at Beaver Creek. He stated that staff has reviewed the Plat for conformance with the Town of Avon Subdivision Regulations. The Plat was found to be in general conformance with these regulations and may be considered as a Minor Subdivision. Mr. Wood recommended approval of the Plat subject to: 1. Town Attorney review and approval of executed Plat Certificate for conformance with Town Regulations. -5- • • Councilman Garton moved approval of Resolution No. 89-34, Series of 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. Next on the agenda was an update report on the Peregrine Project. Mr. James stated that Dennis Craig had attended the work shop that afternoon. Mr. Craig was representing the owners of the Peregrine Project. He stated that they have not complied with the sixty day notice in regard to clean-up and painting of the project. A Committee was formed consisting of Dave Garton, Albert Reynolds and Bill James and representatives of the Peregrine Project to do an on-site inspection to see what they could do to get the site cleaned up and painted, possibly before Thanksgiving. This on-site inspection would occur sometime next week. The Committee would give their recommendation of a completion date at that time. Next on the agenda was discussion of Open Space Tracts. Mr. James stated that there had been some conversations with Benchmark Companies on this issue. Norm Wood stated that he has been in contact with Linda Rodgers of the Benchmark Companies regarding the Open Space Tracts. The Wildridge Tracts should be ready for transfer to the Town and the Avon Metropolitan District by the end of the this week. He stated that in discussing the Open Space Tracts along the river, Jim Wells had indicated that he was concerned that if those open space tracts along the river were turned over to the Town, there would have to be some kind of an Agreement, that the Town would contain ownerships of those Tracts. He also requested, prior to going any further with the ownership of those tracts, a statement regarding the intended uses of those tracts and would like to see some kind of conceptual plan. Mr. Wood indicated that some of those tracts were not controlled by Benchmark Companies, but were with Tansco. Mr. Wells indicated that once he felt satisfied of where the Town was with those particular tracts, he would approach Oscar Tana to convience him that those remaining open spaces should be turned over to the Town. At that point, Mayor Nottingham and Councilman Stovall stepped down due to conflict of interest. Mr. Wood indicated on the map, the locations of the tracts that were along the river. There were tracts by the water plant, the largest tract was north on the river of Sunridge II, on the west of Beaver Creek Boulevard, and another fairly large tract between Sunridge I and II on the east side of Beaver Creek Boulevard, Tract J where the old bridge was located, and Tract I over by the sewer plant. Mr. Wood stated that Mr. Wells wanted some guarantee that those tracts be open space for public use, such as, bike paths, etc.. Peter Jamar indicated that this could be included in the proposed Master Plan. The Town Council agreed to proceed. Mayor Nottingham and Councilman Stovall returned to their seats on the podium. -6- • The recommendation from the Avon Marketing Committee in regard to the Annual Business License Fee was next on the agenda. Mr. James stated that the Avon Marketing Committee was established by the Town Council to see if revenues could be raised to help support a valley-wide marketing program through a local business license fee, or some other revenue sources. At the conclusion of the public meeting of the local business owners, the business people were negative of the business license fee. The Avon Marketing Committee met September 21, 1989 and it was their recommendation that a Business License Fee not be established, but to indeed continue to support a valley-wide marketing effort and contribution through the General Fund. Mr. James stated that this would be discussed further at budget time. No action was taken. Mr. James stated that at the last meeting there was a proposal of a possible church being located in Avon on Tract Y, and the consideration of the Town donating the land. Councilman Garton had concern for this request. He stated that a non-denominational church should work to where there were several denominations. He stated that Pastor Vandusen was asking for, as he called it, an all denominiational church lead by him. He stated that he couldn't see the Town donating land to one congregation even:if they call that congregation non-denominational. Councilman Davis agreed, and added, that a message be sent back to Pastor Vandusen that Avon was interested in having an inter-faith chapel in the Community and would donate land that would be appropriate, but did not feel it appropriate to donate land for a single denominated church. He stated it would make more sense to put forth a funding effort for an inter-faith chapel which would allow all denominations to use the facility. He stated that it would not be in the Council's best interest to donat6 land for one donomination because then each denomination would be requesting land for their own single congregation. Councilman Garton agreed and asked that a letter be sent to Pastor Vandusen to express that opinion. Peter Jamar stated that this item should be included in the workings of the Master Plan. He stated that the Tract Y site was very important for the entry into Avon and should be carefully looked at. Councilman Davis stated that the Tract Y site might be the right site if enough money was involved. -7- s Next on the agenda was the discussion of Transportation. Larry Brooks stated it was time for contracting for bus service for the up-coming ski season. He stated that they have arrived at a conclusion and was ready to make their recommendation to the County Commissioners and the Avon Town Council. A executed contract will have to take place with the County so they could execute the contract with the Transporation Company. He stated that should occur in the next two weeks. Mr. Brooks was recomending the Dave Systems Transportation, the parent Company being BFI Industries. He stated that they have elected to go with Dave Systems because they appeared to be very attuned to a good organized campaign and good scheduling. The contract on the cost per hour had gone up somewhat from last year. The overall transportation budget including the transportation into Beaver Creek, up and down valley, and the Avon system combined was 1.7 million dollars. The Eagle County's portion of those dollars would be $940,000, and Avon's portion would be $207,000. Councilman Davis asked who was taking care of the shortfall from last year's system ($139,000). Mr. Brooks indicated that the shortfall would be picked up by the County. Councilman Davis suggested that the bus drivers be educated that when transporting skiers, the driver help them with their equipment. He stated that is has happened that the drivers will take off before the skiers have time to retrieve their equipment from the bus. It was stated that Eagle County was to pick up the tab for Minturn and Eagle, that the Town of Vail was not participating. Vail Associates was participating in the 89-90 bus system. Councilwoman McRory moved to authorize the Mayor to execute the Transportation Contract for the up-coming ski season. The motion was seconded by Councilman Reynolds. Councilman Davis moved to amend the motion to i.ndlude that the funding portion should not exceed $207,000. The amended motion was seconded by Councilman Bennett and was unanimously carried. The Mayor called for a vote on the main motion. The motion was unanimously carried. Mr. Brooks then updated the Council on the other part of the County Transportation issue. He stated that the County had called all the surrounding communities together in August to discuss the longivity of a county-wide bus system. The system could not run on just an annual basis. It was agreed that a Committee should be formed to evaluate the options for future organizations. The Town of Vail's suggestion was to fold this Study into a Comprehensive Transportation Study that the Town of Vail was now doing. Mr. Brooks stated that his concern was the possibility that if the other communities cooperated with the Town of Vail in this effort, that some of the emphasis that was needed in the down valley aspects of the transportation, would be lost. If a consultant was hired, they would be reporting to the Vail Town Council rather than a Transportation Committee. Mr. Brooks stated that he had commented at that meeting that if Avon was going go financially participate in any Study, It would have to feel comfortable, that all the communities would be receiving their monies worth. He stated that all the communities would want the consultant to report to the County Commissioners or, the Committee that the County Commissioners had appointed. -8- • • Mr. Brooks felt that a Committee should be formed so as to have the consultant report to that Committee rather than to the Vail Town Council. No action was taken. Mr. James stated that he would report on a Public Relations Officer at a later date. Mr. James stated that he had hired Charles Moore as Avon's Fire Chief. Mr. James stated that he had hired Rick Pylman as Avon's new Community Development Director. Mr. Pylman would begin his new job on November 1, 1989. The next meeting in regard to the Railroad Crossing on Avon Road was scheduled for Thursday, October 5, 1989 at 10:00 a.m. Mr. James met with the Town of Vail and the Forest Service people in regard to a new Forest Service Office to be located at Dowd Junction. He stated that in those discussions, there was an opportunity to provide an Information Area in those new offices. This issue was discussed with various entities, and the Town of Avon would like to put in approximately a 450 square foot area at the Dowd Junction site for a Information Area, on a regional basis and possibly put in a phone line. The cost would be shared 1/3 of $45,000(Avon, Vail and Eagle County). The Town of Avon would contribute $15,000 toward this Information Office. The Council agreed to proceed. The Mayor reported on the up-coming 1990 Census. The Census Bureau was looking for a recommendation from the Town Council of who they would hire as numerators. The basic qualifications were: 1. Six weeks work. 2. It would pay $5.50 per hour for regular numerators; $6.50 per hour for crew-rators; and $7.50 per hour for Supervisors. 3. Confidentiality was very important. The Mayor stated that there were two more meetings scheduled: Silverthorne on October 24, 1989; Rifle on November 2, 1989. Suggested workers to work the 1990 Census were possibly, retired people, volunteer firemen or election judges. -9- E The Financial Matters were next presented to the Council. Councilman Bennett moved approval of the General Fund of Accounts Payable for September 26, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Bennett moved approval of the Reconciliation Sheet of Accounts Payables for September 26, 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. 0 Councilwoman McRory moved approval of the September 12, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. There being no further business to come before the Council, Councilman Garton moved to adjourn. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 10:25 p.m. RESPF-,CTFULLY SUBMITTED: -10- atricfA0. 'Dolvled/"Tbwn Clerk