TC Minutes 04-11-1989i •
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD APRIL 11, 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
7:40 p.m. A roll call was taken with Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present.
Also present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering Norm Wood, 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.
There being no one wishing to be heard, the Mayor closed that portion
of the agenda.
Second readings 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
THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE
UNITS.
These ordinances were before the Council for public hearing.
These ordinances were tabled at the last Council Meeting.
John Dunn stated that he had talked to Mike Clowdus. Mr. Dunn
reviewed the changes that were made to the Agreements between the
Town, Christie Lodge and Falcon Pointe.
1. Was to correct the collection provision
Agreement.
2. Was to clarify the exchange use of the
from sales tax only in the event that there
the exchange.
in the Falcon Pointe
units that were exempt
was no consideration for
3. Mr. Clowdus wanted to change the paragraph which had to deal with
the timing of any notification by the Town, of Christie Lodge or
Falcon Pointe in regard to taxes owing in a situation that any such
notification would occur within thirty days after the due date of the
return.
•
He stated with these changes, the Agreements appeared to be in
final form. He would bring them back to the Council when they
were in the position to collect some money up-front and, to have
the Agreements executed so that they could then go to District Court
for approval. He stated that they were waiting for the written
consent from FSLIC.
Mr. Dunn recommended that the ordinances be tabled until the next
council meeting.
Councilwoman Harrison stated that if the ordinances were tabled
at this council meeting, they should not be tabled two weeks from now.
Mr. Dunn requested that the Council let this ride for another two
weeks, and at the end of those two weeks, start discussions of how
long this would continue.
Councilman Stovall moved to table Ordinances No. 89-2, 89-3 and
89-4, Series of 1989 until the next regular council meeting. The
motion was seconded by Councilman Davis was unanimously carried.
Resolution No. 89-11, Series of 1989, A RESOLUTION AMENDING THE
1989 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 1989, AND ENDING ON THE
LAST DAY OF DECEMBER, 1989.
Mr. James stated that this amendment reflected some changes since
the last meeting. He stated that one new item was that the police
department received an Equipment Grant of $1,320.00. Another
item was for the TV Translator System of $13,200.00. The total
budget for the TV Translator System was $25,700, which was now
available. The Log Cabin Expansion funds were $20,000, and $1,800
for the Softball Program. He stated that after all the
adjustments, there was a beginning fund balance of $317,648, and the
excess revenues over expenditures was $125,458. The General Fund
Balance was now $192,190. He stated that for the Public Works
Fund, the Council authorized a stairway between City Market and
Wal-Mart. He stated that $4,000 was budgeted. The ending Fund
Balance was $157,445.
Councilwoman Harrison moved approval to adopt Resolution No. 89-11,
Series of 1989. The motion was seconded by Councilwoman McRory and
was unanimously carried.
Mr. James noted that the Town would turn over the $4,000 to the
developer to install the stairway, which would be approved by an
Agreement. Also, the developer agreed to provide the maintenance of the
stairway. He stated by doing this, the Town could deal with the funds
when the improvement was completed.
The Council agreed.
-2-
Resolution No. 89-12, Series of 1989, A RESOLUTION SUPPORTING AN
ELEMENTARY SCHOOL IN AVON
Mr. James stated that a couple of meetings ago the Council agreed
to adopt a resolution supporting an elementary school in Avon,
and that both the School District and the Task Force continue
to look into an elementary school on Tract P, which was west of
Nottingham Park. Mr. James then read the resolution in its entirety.
He then reviewed the history of Tract P and Tract G.
Councilwoman Harrison moved approval of Resolution No. 89-12, Series
of 1989. The motion was seconded by Councilman Bennett.
Councilman Reynolds felt it was an unsafe site for school children.
He felt it was wrong that children would be playing in an area where
adults play ball, and also, the railroad being so close. He stated
the possibly of a derailment of a train would be devastating.
There being no further discussion, the Mayor entertained a vote on
the motion. The motion carried with Councilman Reynolds opposing.
Resolution No. 89-13, Series of 1989, A RESOLUTION APPROVING THE
DISSOLUTION OF THE AVON METROPOLITAN DISTRICT. Also, AGREEMENT
AND PLAN FOR DISSOLUTION.
John Dunn stated that at a Special Meeting of the Avon Metropolitan
District, the Board Members authorized the Town Attorney to proceed
to dissolve the District.
Mr. Dunn reviewed the resolution with the Council. He stated that
the resolution recites that at least 85% of the territory of the
District lie within the Town. It resolves that the Council file
an application with the Board of Directors in the District to
dissolve the District.
Discussion followed.
Mr. Dunn stated that he and Mr. James had met with Bond Counsel(Dee
Wisor). It was his opinion that the Town issue its Bonds to acquire
the District's water system, and use the proceeds of that Bond Issue
to pay the outstanding Bonds of the District. Also, to have the Town
assume the obligations of the District under the Service Contract
with the Regional Authority. He stated that after that was
accomplished, then the District's dissolution would be complete.
He stated that the Bonds may be issued by the Town without an election
because they were Water Bonds, which Water Bonds were an exception in
terms of an election.
-3-
• •
He stated that the other concern was the annual installment of the
Bonds, which would accelerate in 1992. The five year plan had been
to refund those Bonds before 1992, to stretch them out so that
those payments would be uniform, and would not resolve in an
increase in the mill levy in 1992.
Mr. James then reviewed the history of the proposed Dissolution of
the District.
Mr. Dunn then reviewed the changes in the Agreement and Plan for
Dissolution with the Council. The changes took place in Articles
I,II,III and VI.
Mr. Dunn stated that unless the Agreement had to come back to the
Council for more changes, the petition of Dissolution would be
Filed immediately after the next meeting of the Metropolitan District.
Mr. Dunn recommended that along with the adoption of the resolution
of Dissolution, that Council move that the Agreement be authorized
together with such changes favorable to the Town which would be
approved by Bond Counsel and the Town Attorney.
Mr. James requested that the Council adopt the resolution only, at this
time. He felt if the Agreement was signed, it would be moving too
fast.
Mr. Dunn recommended that.Council adopt the resolution and to come
back to the Council with the final revision of the Agreement and Plan
for Dissolution at a later day.
Councilwoman Harrison moved approval of Resolution No. 89-13, Series
of 1989. The motion was seconded by Councilman Stovall and was
unanimously carried.
Mr. Dunn reported on the Avon Center Mall Out-Lot. He stated that
he had received a letter from the attorney for Nick Marsh. The
letter stated that Out-Lot 3 was still owned by the Limited Partnership
(Don Buick and Nick Dalba). It was stated that Mr. Marsh had no
authority to act for the Avon Center Limited Partnership, of which,
was Centennial Ventures, Inc. It was stated that Don Buick and Nick
Dalba were the officers for CVI.
Mr. Dunn stated that there were two issues;
1. Who owned Out-Lot 3, who should own Out-Lot 3.
2. Who should pay the taxes. He stated that the Town should own
Out-Lot 3 according to the Mall Agreement, also until the conveyance
occurred, Avon Center Partnership was to pay the taxes.
He stated that the primary move would be to have the Title resolved.
The matter of Title could be resolved by Filing an Action of Quiet
Title. He stated it would be a valid Action.
After some discussion, Councilman Stovall moved to authorize the Town
Attorney to File a Quiet Title Action and additionally, a second claim
for money damage for the taxes. The motion was seconded by Councilman
Bennett and was unanimously carried.
-4-
0 •
Next on the agenda was an update report on the TV Translator System.
Councilman Davis stated that the County Commissioners had postponed
their decision until May 2, 1989 at 9:00 a.m. He stated that the
committee was to hold a meeting Thursday, April 13, 1989 to discuss
that action.
Mr. James reported on the upcoming meetings that have been scheduled
for April and May.
On Monday, April 17, 1989 at 7:00
Commissioners, Avon Town Council,
County Recreational Task Force to
On Wednesday, May 3, 1989 at 5:00
with the Avon Town Council, Vail
Committee to discuss Marketing.
p.m. a meeting with the County
Vail Town Council and the Eagle
discuss softball fields.
p.m., a meeting has been scheduled
town Council and the Marketing
Mr. James recommended that the Town Council receive the 1988 Audit
Report as well as the Management Letter and to refer a section of
the Management Letter to the Town Attorney for his review to make sure
the Town was in compliance. The sections (89 and 457 of the Internal
Revenue Code) were in regard to employee benefits and pension plans.
Councilwoman Harrison so moved. The motion was seconded by Councilman
Stovall and was unanimously carried.
The Mayor stated that he had received a letter from the office of
Special Advisor to the President of Consumer Affairs, Washington, D.C.
He stated that they were requesting approval from the Council of a
Proclamation proclaiming the week of April 23, 1989 as, "8th National
Consumers Week".
After some discussion, Councilwoman Harrison moved approval to proclaim
the week of April 23,'1989 as, "8th National Consumers Week". The
motion was seconded by Councilman Stovall and was unanimously carried.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved to receive items #1 through #7. The
motion was seconded by Councilman Reynolds and was unanimously carried.
-5-
i
Councilwoman Harrison moved approval of
Payable for April 11, 1989. The motion
Reynolds and was unanimously carried.
E
the General Fund of Accounts
was seconded by Councilman
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for April 11, 1989. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman Harrison moved approval of the March 28, 1989 Council
Meeting Minutes with the correction on page 2,'paragraph 2, add,
"Councilwoman Harrison moved to table the ordinances until the next
council meeting". With that correction Councilwoman McRory seconded
the motion. and was unanimously carried.
Mr. James requested that the Council adjourn into executive session
to discuss a personnel matter.
There being no further business to come before the Council, Councilwoman
Harrison moved to adjourn into executive session. The motion was
seconded by Councilman Reynolds. The meeting was adjourned by Mayor
Nottingham at 8:45 p.m.
The Council retired into executive session.
-6-