TC Minutes 02-14-1989n
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MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD FEBRUARY 14, 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 7:48 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Emilie
Harrison, Gloria McRory and Jim Stovall present. Councilman Jerry
Davis was absent. Also present were Town Attorney John Dunn, Town
Manager Bill James, Director of Engineering Norm Wood, Director of
Public Works/Parks and Recreation 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.
Toni Berns with Food Resource Center approached the Council.
Ms. Berns stated that Food Resource Center distributes food to
certified agents. They work with Community Help Line in Denver, and
also with Volunteers of America. She stated that there were sixty five
needy families in the County. She wanted Council to be aware of the
program, and the needs of the organization. She stated that she
transports food to Denver from the local hotels and restaurants, to
the shelters in Denver. She was requesting help from the Town of Avon
by way of donations, word awarness, and cooperation. She stated that
this was the first time that this program has been done in a resort
area and has the potential to expand. She was in need of a mini van,
and some containers with liners. She stated that she travels to
Denver once a week, and also works with Senior Citizens in Eagle.
She stated that this program was a non-profit and tax deductible
organization and everything is volunteer work.
The Mayor thanked Ms. Berns for her presentation and stated it was
admirable work that she was undertaking. He stated that Council would
take her request into consideration.
There being no further Citizen Input, the Mayor closed that portion of
the meeting.
First reading of 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.
Mr. Dunn reviewed Ordinance No. 89-2 with the Council.
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He stated that these ordinances stem from a work session of the Town
Council from a week ago at which time Council determined to proceed
rather than by Agreement with the time-share projects by enactment
of certain ordinances. The three ordinances that were before the
Council were:
1. 89-2 repeals and reenacts with amendment of ordinance 88-14 which
was adopted at the end of December, 1988. He stated that ordinance
89-2 contained some clarification of ordinance 88-14 which deletes
the credit from sales and accommodations taxes, it reduces the amount
of the tax from $10.00 per night to $5.00 per night. It focuses the
impact of the tax on only those units that the time-share projects
were not subject to either a sales or accommodations tax.
2. 89-3 amends the Town's sales tax to make the sales to clarify
that in the opinion of the Council, the Town's sales tax is applicable
to the exchange use of time-share.
3. 89-4 clarifies the Town's accommodations tax that the tax was
applicable to the exchange of the time-share units.
The revised ordinances were presented to the Council with the revisions
proposed by Susan Griffiths acting as Special Counsel on this matter.
He stated that in ordinance No. 89-3 and 89-4, that "heretofore"
be retained in the ordinances.
Councilwoman Harrison moved approval of Ordinance No. 89-2, Series
of 1989 on first reading. The motion was seconded by Councilman
Stovall.
Councilwoman Harrison moved to amend 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,
and to include the wording by Susan Griffiths acting as Special
Counsel. The motion was seconded by Councilman Stovall and was
unanimously carried.
There being no further discussion the Mayor entertained a roll call.
Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay
votes. The motion was unanimously carried.
First reading of 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.
Councilwoman Harrison moved approval of Ordinance No. 89-3, Series
of 1989 on first reading. The motion was seconded by Councilman
Stovall.
Councilwoman Harrison moved to amend Ordinance No. 89-3, Series of
1989 to accept changes recommended by Special Counsel with the
exception of striking "heretofore" on page 2, Section 3, third line.
The motion was seconded by Councilman Reynolds and was unanimously
carried.
There being no further discussion the Mayor entertained a roll call.
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Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay
votes. The motion was unanimously carried.
First reading of 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 THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE
OF TIME-SHARE UNITS.
Councilwoman McRory moved approval of Ordinance No. 89-4, Series of
1989 on first reading. The motion was seconded by Councilwoman
Harrison.
Councilman Stovall moved to amend Ordinance No. 89-4, Series of 1989
to accept changes recommended by Special Counsel with the exception
of striking "heretofore" on page 2, Section 4, third line. The
motion was seconded by Councilman Reynolds and was unanimously carried.
There being no further discussion the Mayor entertained a roll call.
Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay
votes. The motion was unanimously carried.
Resolution No. 89-2, Series of 1989, A RESOLUTION APPOINTING
CHARLETTE PASCUZZI AS DEPUTY COURT CLERK.
Councilwoman McRory moved approval of Resolution No. 89-2, Series of
1989. The motion was seconded by Councilman Reynolds and was
unanimously carried.
Resolution No. 89-3, Series of 1989, A RESOLUTION AMENDING THE 1988
TOWN OF AVON BUDGET.
This was for the Public Works Fund to provide an additional $6,000
for construction of the softball field. The total budget for the
softball field in 1988 and 1989 is $84,000($69,000 in 1988 and
$15,000 in 1989). The work completed in 1988 cost was $75,000 not the
estimated $69,000.
Councilwoman McRory moved approval of Resolution No. 89-3, Series of
1989. The motion was seconded by Councilman Stovall and was unanimously
carried.
Resolution No. 89-4, Series of 1989, A RESOLUTION AMENDING THE 1989
TOWN OF AVON BUDGET.
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This again was for the construction of the softball field.
Councilwoman McRory moved approval of Resolution No. 89-4, Series of
1989. The motion was seconded by Councilman Stovall and was unanimously
carried.
The Town Attorney report was next presented to the Council.
Mr. Dunn reported on the Avon Mall Out-Lot. He stated that the Tax
Sale was redeemed on the Out-Lot. He stated that the check that was
delivered to the Treasurer's Office proved to be in error because
the Statement of Taxes due by the Treasurer was in error, and therefore
they refused the check. He stated instead of paying the back taxes
now, he was would be dealing with the issue of getting the property
transferred to the Town and taking the position with the developer of
the property that the taxes should be paid. He had received a report
from the Title Company in respect to the Title. He stated that the
next step would be to prepare a Deed and correspond with the developer
and ask that the Deed be executed and the taxes be paid. Mr. Dunn
would report on this matter at the next Council Meeting.
Mr. Dunn reported on the Christie Lodge Litigation. The Council would
find a bill in the Accounts Payable from the Court Reporter in the
amount of approximately $500 for the transcript as part of the record.
Mr. Dunn stated that when the check was processed, it would be taken
to Eagle so that the transcript could be picked up. He would then
review the transcript and then it would be transmitted to the Clerk
and Recorder of the Court of Appeals.
The opening Brief would be due 45 days following the lodging of the
record to the Court of Appeals. Mr. Dunn requested that Council authorize
him to engage Susan Griffiths as Special Counsel to review the Brief
in draft form and comment on it and also, that she appear as Co-Counsel
on the Brief.
Councilman Stovall moved to engage Susan Griffiths as Special Counsel.
The motion was seconded by Councilwoman Harrison and was unanimously
carried.
Mr. Dunn reported on the Bain Case.
He reviewed the history of the Case with the Council. He stated that
the defendant was being defended by Counsel retained by CIRSA. The
expectation was that the restrictions of the Governmental Immunity Act
apply, and the Claim would be dismissed on the basis of the
Governmental Immunity Act. He stated if that does not occur, then the
limits of the Governmental Immunity Act would apply. He stated that
when the Case was filed Mr. Dunn did associate himself as Co-Counsel along
with CIRSA. Mr. Dunn was requesting authorization from the Council
to become more actively involved in defending this Case on behalf of
the Town along with the attorney for CIRSA.
Councilman Stovall moved that the Town
actively take part in the Litigation.
Councilman Reynolds and was unanimously
Attorney be authorized to more
The motion was seconded by
carried.
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Mr. James requested that a separate budget be established in regard
to Litigation time spent on the Case. He stated that he would have
a resolution prepared for the next Council Meeting.
Council agreed.
Next on the agenda was discussion of Nuclear Free Zone Signs in Avon.
It was requested at the last meeting that this issue be placed back on
the agenda for further discussion.
Councilwoman Harrison stated that the problem needed to be solved.
She did not want the Town of Avon to be part of the problem, but
instead, be part of the solution. She stated that the Council should
be educated on the problem.
Councilman Bennett had concern of whether or not the Town should
have an ordinance in place that would be impossible to enforce.
He suggested possibly adopt a resolution expressing the concern of the
Town.
Councilman Stovall suggested a joint effort with other municipalities
and address the Congressmen and the Senators on this issue.
Mr. Dunn stated that the Town does have the authority to impose local
police power regulations on the railroad. The difficulty was more of
a practical one, "how do you stop a moving train?"
Councilman Stovall suggested that Beth Mausolf contact him and he
would offer some of his time to help coordinate some type of effort
on this issue. He felt it was important not to let this issue die.
Mr. James discussed the School Site of Tract P. He reviewed the history
of the Tract P with the Council. He still felt it was a good site for
a elementary school. He stated that it appeared that the School District
was trying to indicate that the Avon School Site was not a good location
for a school.
The Mayor indicated that the concern,-:was:,1.e-ad) .by, a .group,-cif-,-pro.-pne
high school in the valley. He felt that the group had not received
the right facts. He felt that the Council should maintain their effort
to see that a school is put on that Tract.
Mr. James suggested that Council consider adopting a resolution affirming
the Council's position that they were in favor of a elementary school
on Tract P.
The Council agreed.
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Next on the agenda was discussion on the letter from Pitkin County in
respect to the concern of the problems of Global Warming and the
Greenhouse Effect.
After some discussion, Councilman Stovall moved to table this matter
until the next regular meeting so Council could discuss this further.
The motion was seconded by Councilwoman McRory and was unanimously
carried.
Mr. James reported on the Vail Valley-Wide Marketing Committee. He
stated that Councilman Reynolds would be unable to attend the morning
Committee Meetings, and therefore suggested that Council leave
that vacancy open and to consider appointing someone from the
private sector as well as a Councilmember to represent the Town of Avon
on the Vail Marketing Committee. This would take place at the 28th
Council Meeting.
The Council agreed.
It was stated that Councilman Reynolds would participate on the
Local Marketing Committee.
The approval of a contract with Ross Consulting Group for a program
for the possible-expansion of City Market and Wal-Mart was discussed.
Arnie Ray had presented two proposals to the Council:
1. Was a flat fee where a maximum fee up
would be paid;
2. Was on a performance basis based upon
After some discussion, Councilman Bennett
the performance fees on issuance of the b
construction begins; and the balance upon
Certificate of Occupancy. The motion was
Harrison and was unanimously carried.
to approximately $25,000
square footage. '
moved that 25% be paid of
uilding permit; 25% when
the issuance of the Temporary
seconded by Councilwoman
Councilwoman Harrison moved approval of the expenditure of $5,500 for
a conference table and chairs, and also for the purchase of a sliding
door, which would be installed in place of the Town of Avon's Model
at the west end of the Chambers. The motion was seconded by Councilman
Reynolds and was unanimously carried.
The Mayor commented and reviewed the 1989 World Championships with the
Council.
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The Financial Matters were next presented to the Council.
Councilwoman Harrison moved to receive items #1 through #9. The motion
was seconded by Councilwoman McRory and was unanimously carried.
Councilwoman Harrison moved approval of the General Fund of Accounts
Payable for February 14, 1989. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for February 14, 1989. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilman Stovall moved approval of the January 24th, 1989 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Resolution No. 89-5, Series of 1989, A RESOLUTION AUTHORIZING THE
EXECUTION AND DELIVERY OF A SUPPLEMENT TO ITS ENDENTURE OF TRUST
REGARDING ITS COLORADO PUBLIC LEASING PROGRAM REVENUE BONDS, SERIES
1987, TO ADD REAL PROPERTY AND IMPROVEMENTS THEREON TO THE TYPE
OF PROPERTY WHICH MAY BE LEASED THEREUNDER AND TO MODIFY THE MANNER
IN WHICH THE INTEREST RATE TO BE APPLIED TO LEASES IS TO BE DETERMINED,
AND AUTHORIZING THE EXECUTION AND DELIVERY OF MUNICIPAL REAL PROPERTY
LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS
PERTAINING THERETO; RATIFYING AND REAFFIRMING ACTION PREVIOUSLY TAKEN
CONCERNING SAID BONDS; AND REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH.
Councilman Stovall moved to table this resolution
28th Council Meeting. The motion was seconded by
and was unanimously carried.
Mr. James stated that at the next meeting he woul
information of the purchase of a Dump Truck which
1989 budget. The cost being $75,000. This large
approximately six months before delivery.
until the February
Councilman Reynolds
3 bring to Council,
was authorized in the
item would take
Mr. James stated that there would be a Forest Service Meeting on February
21, 1989 in Glenwood Springs. Town representatives would be discussing
the Forest Service Land in Wildridge. The land that the Town would
like to use for a public works site would be located on Metcalf Road.
They would be discussing a couple of options, one, was to purchase the
land rather than approach it by Special Use Permit.
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There was a work session scheduled for February 21, 1989 at 5:00 p.m.
for discussion of the Master Plan.
Councilwoman McRory moved approval of the expenditure of $500 for the
Food Resource Center/Toni Berns. The motion was seconded by Councilman
Reynolds and was unanimously carried.
There being no further business to come before the Council, Councilman
Stovall moved to adjourn. The motion was seconded by Councilman
Reynolds. The meeting was adjourned by Mayor Nottingham at 9:17 p.m.
ULLY SUBMITTED:
tricia J.' Wyle, Town/ Clerk
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APPROVED: