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TC Minutes 09-22-19920 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 22, 1992 - 7:30 P.M. The regular meeting of the Avon Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Jerry Davis at 7:32p.m. A roll call was taken with Councilors Charlie Gersbach, John Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Municipal Services Larry.Brooks, Director of Engineering Norm Wood, Director of Community Development Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore, Town Clerk Patty Neyhart, as well as members of the press and public. First item under Citizen Input was Eagle County Commissioner Candidate, Ms. Sandra Davies. Ms. Davies informed she has lived in Eagle County for eighteen years; is married with two children and two grand children. Ms. Davies: background includes employment with Benchmark Company during the planning of Wildridge.Subdivision.and Wildwood Subdivision. Ms. 'DAvies'has been in,the legal field for 34 years and is presently with Vail Associates as their compliance paralegal. Ms. Davies noted Eagle County's.population has grown 64%}in.the last ten/twelve years. Ms.- Davies mentioned affordable housing, mass transportation; County-wide health insurance, and'day care programs as growth related issues. Ms. Davies noted a senior citizens program (in effect in Aurora, Colorado Springs,"and Boulder) whereby seniors give community service time in.exchange:for discounts on their property taxes. Ms. Davies suggested seniors helping with the education crisis whereby they go into the schools and help with the children. Ms. Davies mentioned the water problem at the airport which needs to be rectified. Regarding the County budget, Ms. Davies suggested a staggered work schedule for heavy equipment, even though employees are on a 10 hour/4 day schedule the heavy equipment should be on a five day schedule maximizing usage. Ms. Davies noted transportation needs to be addressed in the lower end of the valley and suggested a van pool to Gypsum/Eagle. Ms. Davies stated affordable housing for permanent residents need to be realized; developers need incentives. Councilor Nottingham questioned whether Ms. Davies' full time position at Vail Associates will terminate if elected. Ms. Davies stated the County Commissioner position is a full time position and she will resign from Vail Associates if elected County Commissioner. Mayor Davis questioned Ms. Davies' position on the county transportation issue. Ms. Davies responded present system works well. Ms. Davies added that if the transportation system includes both ends of the county, she would understand the County getting involved; when transportation benefits the entire County. Ms. Davies reiterated the suggestion of a van pool from Gypsum and Eagle and added possible inclusion of Redcliff and Minturn. 0 0 Mayor Davis voiced dissatisfaction with Ms. Davies' comments and stated not benefitting the entire County 'is the usual excuse from County Commissioners. Mayor Davis stated the County is diverse and 85% of the revenue that goes to the County comes from the upper portion of the County; each part of the County has different problems. Transportation may not be a concern in the lower portion of the County as it is in the upper portion. Ms. Davies- noted 30-40% of the employees come from the lower portion. Mayor Davis stated Eagle and Gypsum are not interested in participating in the program and hopes the County will take a more active role.. Ms. Davis noted one reason the transportation program did not- work well for the western end of the County was due to scheduling; scheduling is critical to implement a successful countywide program. Next under Citizen Input was the Public Hearing on the Town of Avon 1993 Proposed Budget. Mr. Bill James informed, according to the Municipal Code, a proposed budget has been prepared and a public notice has been published informing the citizens of the public hearing for this evening. Mayor Davis opened the meeting for public input regarding the proposed 1993 Town of Avon budget. With no one wishing to,be heard, the Mayor closed that portion of the meeting. Mr. James gave highlights of the proposed-budget. Mr. James- informed the budget consists of several Funds. The largest fund is the General Fund which provides for operating expenditures that include police, fire, public works, administration, community - development, and transportation. These expenditures proposed for 1993 are $6.9 million; 1992 expenditures are"$6.3 million. Revenues for 1992 are $6.7 million and for 1993 are $7.2 million. This will leave the Town with excess funds. The Council has'taken the position in the past of any excess funds of 10% or less will be transferred into the Public Works Fund for additional capital'. improvements. Transfers to the Public Works Fund for 1992 are estimated to be $315,000 and for 1993 are $200,000. Debt Service Fund is paid mainly through property taxes and if is there is'not, sufficient property tax funds, a transfer from General Fund-is made to cover the Debt Service Fund. For 1992 a.transfer from'the General Fund to the Debt Service Fund is estimated to be $63,00,0 and $84,000 for 1993. Overall changes in personnel for 1993 are; 1/2 time mechanic to a full time mechanic position and adding-'a full time marketing position. The public relations officer was split; 1/2 in transportation and 1/2 public relations and it was determined a full time position was needed in transportation. Personnel has not changed in Administration and Finance in approximately 10 years. One position has been added in Community Development within the last 10 years. Public Safety continues to grow; mainly in the Fire Department with use of residents, cross-trained employees, and volunteers. Public.Works consists'of administration, roads and streets, and transportation. Transportation services are provided from Edwards through Vail, to Leadville and in Beaver Creek. Parks and Recreation has expanded. somewhat in the last few years; most successful program being the after school program. Approximately $325,000 is proposed for 1993, in the Marketing budget which helps finance Vail Valley Marketing, Avon/Beaver Creek Resort Association, Fireworks display, Vail Valley Foundation, etc. -2- i • First Reading of Ordinance No. 92-15, Series of 1992, AN ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Mr. John Dunn informed this Ordinance was discussed by Council several weeks ago. Council requested several changes and those changes are reflected in this proposed, Ordinance. Those changes are: employees have been eliminated in this Ordinance as employees are covered by the Town's personnel rules; language was added to permit members of the Council as well as members of the Planning Commission to raise the conflict of interest with other members and to cause this conflict to be voted upon; and modification.to recognize financial as well'as personal conflicts. Mr. Dunn clarified certain paragraphs in the Ordinance regarding types of conflicts, presentations and representations of organizations before respective Boards, and voting policies. There being no further comments, Mayor Davis called for a motion. Councilor Hines motioned to approve Ordinance No. 92-15, Series of 1992 on'first reading. Councilor Pysher seconded the motion. With no further discussion, Mayor Davis entertained a roll call. Those voting aye were Councilors Albert Reynolds, Derek Pysher, Celeste C. Nottingham, Tom Hines, John Hazard, Charlie.Gersbach. Motion carried unanimously. First Reading of Ordinance No. 92-17, Series of 1992, AN ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO ALLOW ONE ACCESSORY APARTMENT UNIT IN ADDITION TO THE ALLOWABLE DENSITY, AS A SPECIAL REVIEW USE IN THE RESIDENTIAL MEDIUM DENSITY ZONE DISTRICT. Mr. Rick Pylman stated this Ordinance is in response to public input Council received at last meeting. Representatives of the Stonecreek Condominium Association requested to convert common space into a caretaker housing unit. Council's consensus was to amend the zone,district to allow this as a special review use so the members of the Association may then apply for a special review use through a public hearing process. This Ordinance adds to the list of special review uses, in this zone district, one accessory apartment per lot in addition to the maximum allowable density. An accessory apartment is already defined as an apartment that can not be sold off or transferred separately from the main parcel of land.. This applies to the residential medium density.zone district only and a building permit would need to be pulled for renovation. There being no further comments, Mayor Davis called for a motion. Councilor Reynolds motioned to approve Ordinance No. 92-17, Series of 1992 on first reading. Councilor Nottingham seconded the motion. With no further discussion, Mayor Davis entertained a roll call. Those voting aye were Councilors Tom Hines, Celeste C. Nottingham, Derek Pysher, Albert Reynolds, John Hazard, Charlie Gersbach. Motion carried unanimously. -3- • • First Reading, Ordinance No. 92-18, Series of 1992, AN ORDINANCE AUTHORIZING EXECUTIVE OF CERTAIN EQUIPMENT LEASE AGREEMENT. Mr. Larry Brooks informed this Ordinance will authorize the Town to purchase two 1993 model 20 passenger vans. These two vans will be used to provide service in the Beaver Creek Inter=Village system. All costs in purchasing and servicing-will be paid for by Beaver Creek Resort Company. Discussion on an amendment to the Beaver Creek Resort Company contract is scheduled on the Agenda for later this evening. Financing for the vans has been arranged through Coughlin & Company with a'4 year lease purchase plan at 6% interest with documentation attached. The vans will arrive in the new colors. Attorney Dunn has reviewed the lease purchase agreement, and with minor changes has no problem with this. Mayor Davis questioned obligation of Beaver Creek Resort Company and the amendment to the contract. Mr. Brooks informed that the existing contract with Beaver Creek Resort Company has no provision for buying such equipment and having Beaver Creek pay for it. The amendment - to-the contract is this provision. Mayor Davis questioned what guarantee does the Town have that Beaver Creek Resort Company will continue to pay for the busses. Mr. James informed Council is appropriating on-an annual basis, so if Beaver Creek Resort Company does not pay, the busses will have to be returned with justification. Mayor Davis questioned Town's liability., Attorney Dunn informed it is stated in the lease that Beaver Creek Resort Company is obligated to pay the term of the lease. Mayor Davis questioned-existence of Beaver Creek Resort Company; if they no longer exist, the Town will then be responsible. Discussions followed on Town's liability with Attorney Dunn reading sections of the lease purchase plan. Mr. James suggested passing Ordinance on first reading. Mr. Bob McIlveen, from Beaver Creek Resort Company, will be requested to come before Council to discuss this matter further prior to second reading. Mayor Davis mentioned the Bruce amendment and should this amendment pass, lease purchase plans will no longer be allowed. Timing issues wer6-discussed-and'Council's consensus was to adopt oh-first reading and,resolve-'any further concerns prior to second reading. - With no further comments, Mayor Davis, called for a motion. Councilor Nottingham'motioned'to adopt Ordinance No. 92-18, Series of 1992 on first reading. Councilor Reynolds seconded the motion. With no further discussion, Mayor Davis entertained a roll call. Those voting aye were Councilors Derek Pysher, Albert Reynolds, Celeste C. Nottingham, Charlie Gersbach, John Hazard, Tom Hines. Motion carried unanimously. -4- Resolution No. 92-28, Series of 1992, A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR THE--LOCAL IMPROVEMENT DISTRICT NO.' 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE'COUNTY TREASURER. Mr. Norm Wood stated when Local Improvement District No. 1990-1 was formed.it established an-Ordinance providing for annual payments'-of the special assessments. These annual payments are due March 1st of each year and this Ordinance before Council lists the delinquent special assessments on certain properties. These properties will be processed through the County Treasurer and this Ordinance certifies to the County Treasurer the total delinquent amounts on each property. Once annual assessments become delinquent, the total assessment becomes due, plus penalties of 2% per month. Recommended action is for Council to approve this Ordinance to certify to the County Treasurer for collection. Special Assessments are processed the same as property'taxes, however property taxes are first priority and special assessments follow. Councilor Pysher motioned to adopt Resolution No. 92-28, Series of 1992. Councilor Gersbach seconded the motion and the motion carried unanimously. Next was Unfinished Business regarding Financial Feasibility Analysis on the Community/Recreation Center. Mr. James reminded Council of their request to analyze alternative sites and possibly phasing in for the Community / Recreation Center. Alternative site analysis is requested for Tract P, Avon Station, Tennis Courts, RTC property and the Stolport. For the additional feasibility study, BBC's revised agreement is $40,380. Council's consensus was to have BBC justify this price as this revised agreement amount seems too high. Council requested Mr.. James to telephone BBC to negotiate lesser price or justification. Councilor Hazard motioned to recess for a few minutes. Councilor Pysher seconded the motioned. Mr. James requested clarification by motion. Mr. James said', "I will call in the morning , tell them I need more justification in terms of why they need 59,000 more to finish this project with the outline of work we've given them and I need additional justification and have them send me that information. What I would like to do; is get that by Friday, get it out to you on Friday and solve the issue next Tuesday with you if there-is a problem. If there isn't a problem, what 'I would like to do is have you tonight to go ahead and make the motion to authorize the Town Manager to execute the revised agreement with BBC, subject to me bringing; we are going to meet next Tuesday anyway and I'll just bring that information to you and if you see a problem thenI won't execute the agreement until Wednesday." Council's consensus was this sounds good: Mayor Davis clarified a motion is requested. Councilor Reynolds said, "So moved". Councilor Reynold's motion was seconded by Councilor Nottingham and the motion was unanimously carried. With no further discussion, Mayor Davis called the vote for the motion to recess. The motion to recess carried unanimously and Council recessed at 9:10pm. Council reconvened at 9:20pm. -5- 9 • Mayor Davis requested motion to clarify the motion for the revised agreement for the Recreation Center. Councilor Nottingham motioned to authorize the Town Manager to execute the revised agreement with BBC after-his conversation with them. Councilor Gersbach interjected to authorize him to execute the revised agreement with BBC and in so doing and also call attention to the new figure and request a breakdown of the new figure. Mayor Davis questioned who is the author of the motion. Both acknowledged each other; both are authors of the motion.. The motion was seconded by Councilor Reynolds and the motion carried unanimously. Next under Unfinished Business was discussion on Refunding 1987 Bonds. Mr. James reminded that during budget sessions, Councilor Pysher questioned refinancing of the Wildridge Special Assessment bonds.. Mr. James stated it was not-economical to refinance these bonds at this time, however it is for the 1987 bond issue. These bonds were issued to purchase the Walmart parking lot. The 1987 bond 'issue is approximately $2 million dollars and we could have approximately an 8-9% savings. Mr. James recommended to take money up front as a saving, put into 1992 budget and utilize for capital improvement for next year. If Council agrees then Council needs to motion to authorize the Town Manger.to pursue the refunding of the Town's 1987 bond issue. This would require two readings of an Ordinance as well as a referendum period. Should the Bruce Amendment pass, this refunding would be exempt as the interest is lower than the original interest. Councilor Reynolds said, "I'll make that motion. Authorize the Town Manager to execute the Revised Agreement with BBC." Councilor Nottingham seconded the motion and the motion carried unanimously. Next was New Business regarding the Combined Public Works Facility Evaluation Study. Mr. James informed Town Staff has been working with Beaver Creek Resort Company to come up with a combined facility for Public Works needs. Staff has done through a needs assessment and requests further evaluation. Recommendation is to hire Fleet Maintenance Consultants,.Inc. for a project sizing and site assessment. This evaluation will cost $13,445 to be split-with Beaver Creek Resort Company and could take approximately 6-8 weeks. Discussions focused on site selection and number of sites to be evaluated. Council's consensus was to request first and second site selection evaluations. Councilor Reynolds motioned to authorize the-Tow - n Manager to hire Fleet Maintenance Consultants, Inc. The motion was seconded by Councilor Hazard and the motion carried unanimously. -6- 9 • Next under New Business was Eagle County School District RE50J Land Dedications. Mr. James noted a letter- was received from Eagle County School District'RE50J requesting the Town to look at land dedication or cash in lieu of for school sites. This would effect new residential areas, such as if the Town annexed the Stolport. The Town of Vail and, the County have both passed school site dedication regulations-. Mr. James stated staff has reviewed regulations and all seems reasonable. Mr. James recommended Council to refer this matter to Staff to handle. Council agreed to refer this to Staff to discuss with the School District and also to discuss Tract? with the"School District. Next under New Business was an Amendment to Beaver Creek Resort Company Bus Agreement. Mr. James suggested to refer this to next meeting when a representative of the Beaver Creek Resort Company is present to discuss. Council agreed to refer to.next-meeting. Next was the Mayor's Report. Mayor Davis mentioned the Proposed CAST Position Paper on the Public School Finance Act of 1988. Councils consensus was for Mayor Davis to present to CAST, at their meeting in Aspen on October 8th, the Town of Avon's Resolution in support of this Position Paper. Mayor Davis noted a copy of the Abstract of Assessment. Mayor Davis.reminded next Eagle County Regional Meeting is Wednesday, October 7th, in Vail at 5:00pm. Next was Other Business. Councilor Pysher informed of his attendance at the Aspen Village Association meeting and that he watched what happened when managers and owners met. Councilor Pysher commented on the emotions of the meeting and that regularly scheduled meetings have been established. The Financial Matters were next presented to Council. Councilor Hines moved to receive items #1 thru,#3 and approve items #4 thru #6. The motion was seconded by Councilor Reynolds and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Hines motioned approval of the September 8th, 1992 Regular Council Meeting minutes As presented. The motion was seconded by Councilor Nottingham and the motion carried unanimously. There being no further business to come-before Council, Mayor Davis called for a motion to adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Nottingham. The meeting was adjourned by Mayor Davis at 9:50pm. RESPECTFULLY SUBMITTED: -8-