TC Minutes 12-12-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER-12, 1995 - 7:30 P.M.
A 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 Albert J. Reynolds at
7:37PM. A roll call was taken with Councilors Jim Benson,
Richard -Carnes, Tom Hines, Celeste C. Nottingham, and Judy Yoder
present: Councilor Jack Fawcett was absent. Also present were
Town Manager Bill'James, Town Clerk Patty Neyhart, Town Attorney
John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas,
Director-of Municipal Services Larry Brooks, Director of
Recreation Meryl Jacobs, and Town Planner Karen Griffith, as well
as members of the press and public.
Citizen Input,: Vail Valley Exchange / Sister City Program (Karen
Phillips & Merv Lapin)
Mr. Merv Lapin and Ms. Karen Phillips reviewed the Sister City
Organization. Vail's sister city is St. Moritz. Visitors from
the Switzerland valley toured Vail, Beaver Creek, and the Avon
Recreation Center while they were in the Vail Valley. Mr. Lapin
hoped the entire valley of Vail, Vail Associates, Avon, and
Beaver Creek would be involved in the program. Mr. Lapin sited a
communication breakdown between the Council and the Sister City
organization and apologized for such. Mr. Lapin stated the next
trip-would probably be next January to St. Moritz. The Sister
City cooperative effort is focused on three major areas;J oint
marketing, employee training and exchange program, and special
events.
Ms. Phillips detailed the employee exchange program. Eleven
people thus far have been brought over to work. Ms. Phillips
noted the difficulty of Americans going to St. Moritz due to
language. Employees need some knowledge of German.
Mr. Lapin stated the Sister City Organization hopes to expand to
Australia and New Zealand.
Mr. Lapin mentioned the exchange of special events such as the
Legends of Skiing and polo on Nottingham Lake, perhaps next
January.
Councilor Nottingham-requested..a.copy of the organizational
structure; the".who and title include,d.',Councilor Nottingham
noted that Counci'l'is'being asked to "buy" into' 'a program - not
just seed money but continuous funding, and questioned Council's
philosophy. .Mr. Lapin 'stated it is four., entities, .Town of Vail,
Vail Associates, Town of Avon, and:Beaver:Greek Resort Company
each putting up $6,300 that represents the basic program. Funds
could flow from special events or from individual and corporate
memberships. Mr_. Lapin is hopeful the program will-become
financially self sufficient.' Mr. Lapin'noted, at least for a
couple of years, the organization needs to be subsidized. Mr.
Lapin added it use to cost the Town of Vail $25,000, but that has
been reduced by bringing in other participants.
Ms. Phillips will send the organizational chart and activities
that they have been involved with to date.
Mr. Lapin closed by expressing hope that the Council will stay
involved and send a representative to St. Moritz next year.
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Citizen Input: Tenants' concerns with eviction notice from
Metcalf Storage
Mr. Walt DeZar, renter of a storage unit on Metcalf Road,
expressed his concerns of receiving an eviction notice. The
storage buildings have been used by tradesmen to store such
things as carpet, plumbing and heating materials, construction
materials, etc., and have been purchased by Slifer Designs.
Slifer-Designs plans to occupy the building themselves, as soon
as possible after the purchase date of January 4th. With the
tenants on a month to month lease or some with no lease at all,
Slifer Designs sent eviction notices to all tenants on December
5th. Mr. DeZar informed Council of the hardships this eviction
causes the 26 tenants; timing (middle of winter) and availability
of other storage units. Mr. DeZar requested a stay of the 30
day eviction notice - perhaps six months giving people time to
find something else.
Council concurred there is little that government can do. Slifer
bought it for their own use. Plus, there is no written lease.
Council suggested the tenants speak with Slifer Designs to try to
work something out between them.
Mr. Rusty'Wood, renter of a storage unit for 16-18 years,
contacted the Slifers. Mr. Wood didn't see a single legal thing
that could be done. For the entire time, rent payments were made
on a .month to month basis. Mr. Wood stated the Slifers are
buying property that will help their business. Mr. Wood compared
this to someone coming in and buying a bunch of employee housing
units and turning them into fancy duplexes. Mr. Wood requested
Council to be aware of the needs of small businesses. It is
tough enough to find a place to live, not to mention a place to
run a business.
Ernesto, a carpet layer and renter of a storage unit, has not
found another storage area yet.
Citizen Input: Avon Metro District / Assumption of Services
Mr. Rich Howard, Boardmember of the Avon Metro District (AMD),
educated Council of AMD's existence and activities. Mr. Howard
presented his views of the Avon Metro District' ,s assumption of
services to the Town of Avon. Mr. Howard informed, with the
assumption, the sale of water and tap fees revenues would become
another revenue for the Town. The Town would acquire
approximately $1.5 million of the current AMD's fund balance.
Mr. Howard announced those funds have been generated by the sale
of water. Mr. Howard questioned whether those funds should be
used for purposes other than water. Mr. Howard noted there is a
request,for consolidation from Upper Eagle Valley,Water and
Sanitation. 'Consolidation of districts needs to go to a vote of
the people. The assumption, by the Town, would not require a
vote of the people. Mr. Howard felt, with the assumption by the
Town, there was no benefit to the rate payer but would
financially benefit the Town that would not involve the rate
payer. Mr. Howard agreed that.Council is a more public board
than the AMD'`s'. Mr. Howard noted that AMD'does not have control
over "wet".water rights; it is "paper" water rights in that AMD
leases the water rights to the Water Authority for treatment.
The Town would assume the water rights and the distribution
lines. Thus, there would be no more control for the Town over
what AMD has now. Mr. Howard felt that AMD has three options; 1)
stay as they,are, 2) merge with the Town, 3) consolidate. Mr.
Howard recommended doing nothing - wait and see what happens with
consolidation. Mr. Howard recommended AMD and Council meet
periodically.
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Mayor Reynolds questioned how many members of the AMD have been
elected. No one could recall - most have been appointed. Mr.
Howard noted he was elected by elimination - there were no more
candidates than positions, thus the election was cancelled and
all candidates were deemed elected.
Councilor Nottingham was thankful to the AMD board members.
Councilor Nottingham noted that AMD does an outstanding job by
being more'efficient, compared to the other districts and their
loss of water. Councilor Nottingham felt Mr. Howard diminished
the importance of the water rights. Councilor Nottingham felt if
very important that the Town has control of the water rights.
Regarding the $1.5 million fund balance the Town would assume,
Councilor NottinghAm.sensed'the Council to"be pretty cautious of
where the Town's money-is invested and spent. -Councilor
Nottingham was very comfortable with the Town taking over the
assumption of services and acquiring the water rights.
Councilor Carnes felt the $1.5 million'will'generate a lot of
public interest. Councilor Carnes questioned the legality of
assuming'the $1.5 million and spending it not only on water
items.
Town Manager Bill James informed that historically the water
rates are checked to ensure they pay for the cost of water
operations. The water rates and tap fees have paid for debt
service. The $1.5 million is realized through refinancing bonds
to reduce and spread out the debt. Rates have been structured
for an opportunity to realize more revenues, in the water
enterprise fund, than expenditures, mainly through tap fees.
Recent growth and the amount of tap fees have helped AMD. Plus,
last year the Water Authority paid $300,000 for the purchase of
the water tank on Metcalf Road. Avon's monthly water rates run
higher than some of the other Districts'. If you look at the
debt service, our property taxes, etc., its all about the same.
The Town would inherit $1.5 million, as well as long term
financial obligations of the water operations, if services are
assumed. The Council will decide how to use those funds.
Council hosts numerous public forums and hearings for capitol
improvements and budgeting. This is no different then what was
looked at when the Town assumed fire operations a few years ago.
Consolidation has been passed around for years. We have no idea
if the Vail Valley Consolidation and Sanitation District are
going to merge. There are people concerned about giving up all
their individual water rights only to have somebody else control
them. Town Manager James believes Council should have sufficient
input with water concerns. One of Council's 1995 goals, and was
brought forward to 1996, was to get control of water rights and
the water operations, and to address the water issues. On
October 18th, AMD approved by a 4-1 vote, to proceed with the
assumption of services agreement. Council unanimously approved
that. Eagle Vail has approved it 4-1. An AMD meeting was called
by Staff on December 5th to finalize the assumption. A board
member should have called that meeting, thus the board had a
concern whether the meeting was legal. The board tabled the
issue on December 5th. The next meeting is December 20th. Also
at that meeting, if the board approves the assumption of services
agreement, there will be a Resolution approving the transfer of
funds.
Councilor Hines, as a member of AMD, informed he made the motion
to table the issue. Councilor Hines would like to see the Town
assume services. Councilor Hines told Mr. Howard he could make a
motion to utilize the $1.5 million, whether to pay off debt
early, etc. A contingency fund would need to be established for
AMD to remain in existence and pay off the debt. AMD has the
ability to do with that money.
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Town Manager James noted Council may not want to sign the
assumption of agreement, without the transfer of funds. AMD will
need approximately $200,000 remaining for proper cash flow and to
be able to pay off the debt service.
Councilor Carnes suggested reducing the debt. People paid that
money'to pay for water.
Councilor Hines questioned if AMD will remain a special district.
And, what constraints will be placed on the mill levy if AMD
,finds a shortfall, how will AMD address the debt issue? Town
Manager'James responded that AMD will be-allowed to increase
their mill levy to pay for the outstanding general obligation
debt.
Mr,. Howard encouraged Council and the public to attend the next
AMD meeting, scheduled for Wednesday, December 20th at 6:30pm.
Ordinances:
First Reading of Ordinance No. 95-26, Series of 1995, AN
ORDINANCE,REZONING FROM "OLD" (OPEN SPACE, LANDSCAPING AND
DRAINAGE) TO "GPEH" (GOVERNMENT, PARKS AND EMPLOYEE HOUSING) A
PARCEL OF LAND.KNOWN AS TRACT Y, BLOCK 1, BENCHMARK AT BEAVER
CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO
Town Manager James informed Tract Y is located over by the Town
of Avon sign that is northeast of I-70. There are approximately
5=7 acres. A portion of the area is proposed to be used for The
Chamber of Commerce office and Eagle County Office Annex Space.
The Town'would,lease the land to the County to construct
approximately an 8,000 square feet building for both Chamber and
County functions. The property is currently zoned open space.
This Ordinance will change the zoning to allow for governmental,
parks, and employee housing. Staff is recommending approval on
first reading and refer the matter to the Planning &Zoning
Commission for a public hearing.
Councilor Carnes"'suggested designating "non-profit"'in the
zoning. Town Manager James stated that could be added.
Councilor Yoder-:Jnotioned to approve, on first''reading, Ordinance
No,. 95-26, Series of 1995. Councilor Benson seconded the motion.
Mayor Reynolds called fora roll call vote.
The motion carried unanimously.
Second Reading of-Ordinance No. 95-24, Series of 1995, AN
ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TO PUD, FOR MULTI-FAMILY RESIDENTIAL AND
TIMESHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Mayor Reynolds announced this is a public hearing.
Mayor Reynolds added Staff recommends this Ordinance be tabled so
that it may be reviewed by the Planning & Zoning Commission.
Councilor Benson motioned to table Ordinance No.'95-24, Series of
1995. Councilor Hines seconded the motion. The motion carried
unanimously.
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Second Reading of Ordinance No. 95-25, Series of 1995, AN
ORDINANCE AMENDING CHAPTER 16.04 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON AS IT RELATES TO COMPLIANCE WITH THE SUBDIVISION
REGULATIONS OF THE TOWN AND PROVIDING A_ PENALTY FOR THE VIOLATION
THEREOF
Mayor Reynolds announced this ds a, public hearing.
Town Attorney John Dunn informed this matter is before the
Council on final, reading. a The purpose of this Ordinance is to
protect the three mile jurisdiction of the Town with respect to
the major street plan of the Town and to require that any
subdivision,of lands-within three miles be approved,by the
planning commission'of the,Town and by the Council for
conf ormance''with the major' street plan-.
Councilor Hines motioned to approve, on second reading, Ordinance
No. 95-25, Series of 1995. Councilor Benson seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Resolution No. 95-55, Series of 1995, A RESOLUTION ADOPTING THE
EAGLE RIVER WATERSHED PLAN AND SETTING FORTH DETAILS IN REGARD
THERETO
Town Attorney Dunn stated the purpose of this Resolution is to
adopt the Eagle River Watershed Plan as a planning document of
the Town to be used in establishing long range policies and land
use guidelines with respect to land development impacts upon the
Eagle River. It thereby becomes somewhat a part *of the master
planning of the Town, in the sense that, in and of itself, it
affects no restriction of use, but only as a guide with respect
to the adoption of specific land use regulations.
Councilor Hines questioned the public hearing. Town Planner
Griffith informed that approximately 30 notices were sent to
property owners.and also approximately 12 phone calls were placed
to property owners informing them of the public hearing on this
Resolution. Councilor Hines noted only two people are in
attendance.. Neither of those property owners addressed Council
at this meeting.
Councilor Nottingham motioned to adopt Resolution No. 95-55,
Series of 1995. Councilor Hines seconded the motion and the
motion carried unanimously.
Resolution No. 95-56, Series of 1995, A RESOLUTION SETTING THE
MILL LEVY
Councilor Nottingham motioned to approve Resolution No. 95-56,
Series of 1995. Councilor Hines seconded the motion and the
motion carried unanimously.
Resolution No. 95-57, Series of 1995, A RESOLUTION AMENDING THE
1995 BUDGET
Councilor Nottingham motioned to approve Resolution No. 95-57,
Series of 1995. Councilor Benson seconded the motion and the
motion carried unanimously.
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Resolution No. 95-59, Series of 1995, A RESOLUTION SETTING
REGULAR COUNCIL MEETING TIMES (from 7:30 PM to 5:30 PM)
Councilor Yoder motioned to approve Resolution No. 95-59, Series
of 1995. Councilor Nottingham seconded the motion and the motion
carried unanimously.
Unfinished Business,: Sewer Main Conveyance to Upper Eagle Valley
Councilor Yoder motioned to authorize the Mayor to sign.the Sewer
Main Conveyance Agreement. Councilor Benson seconded the motion
and,the motion carried unanimously.
New Business: Recreation Center / Change Order #11
Councilor Yoder motioned to authorize the Mayor to sign Change
Order #11 for the Recreation Center. Councilor Benson seconded
the motion. The motion carried with Councilor Carnes opposed.
New Business: Recreation Center / Service Contract
Councilor Benson motioned to authorize the Mayor to sign the
contract for service on the copy machine at the Recreation
Center. Councilor Yoder seconded the motion. The motion carried
with Councilor Nottingham opposed.
Mayor Report:
Mayor Reynolds volunteered,to be a member-of"the-Board for CDOT
Intercity Passenger/Commuter Rail Feasibility Study and Councilor
Carnes volunteered.as the alternate.
Councilor'-,Carnes volunteered to be a member_of the.:newly formed
Eagle County Transit Authority Sub Committee regarding the rail
corridor and Councilor Hines volunteered as the alternate.
Town Attorney Report:
Town Attorney Dunn suggested Anthony McMahan be retained by the
Town to represent the interest of the Town regarding the ICC
filing; the merger of the two railroads.
Councilor Nottingham motioned to hire Anthony McMahan to
represent Avon regarding the railroad abandonment. Councilor
Yoder- seconded the motion andthe motion carried unanimously.
Consent Agenda:
a.) Approval of the November 28, 1995 Council Meeting Minutes
b.) Financial Matters
c.) Resolution No. 95-58, Series of 1995, A RESOLUTION APPROVING_
THE FINAL CONDOMINIUM-PLAT FOR AVON TOWN SQUARE "COMMERCIAL
CONDOMINIUMS PHASE I, LOT 2, AVON TOWN SQUARE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
Councilor Hines motioned to approve the Consent Agenda.
Councilor Benson seconded the motion and the motion carried
unanimously.
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There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 9:52PM.
ECTFULLY SUBMITTED:
Patty Ney aft, CMC
Town Cler
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