TC Minutes 08-22-19890 0
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD AUGUST 22, 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, 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.
Ted Martin with U.S. Sports and also respresenting the Mountain Man
Triathlon Event, approached the Council. Mr. Martin reviewed the outcome
of the 1989 event with the Town Council. Mr. Martin was before the Town
Council to request a contribution of $8,000 for 1990. He stated that
this requested contribution was similar to last year. He stated that
they are requested to pay for the television coverage this year. He
stated that they are able to offer, and include, in the contribution
this year, a tRirty second commercial spot, if there was room available.
If not, Mr. Martin would have his people put one together either of
summer in the valley or winter scenes, whichever the Council desired.
He stated that he needed a commitment as soon as possible, and the reason
being, the funds were needed for television production.
Councilman Davis stated that he personally supported the event and the
expenditure, but suggested that the Council take all requests and make
the decision at the budget sessions, which would occur in the next
sixty days.
Councilwoman McRory stated that it was a great event and supported the
$8,000 contribution, and felt that Mr. Martin did not have to wait
until budget time.
Councilwoman McRory moved approval of the expenditure of $8,000 for
the Mountain Man Triathlon for 1990. The motion was seconded by
Councilman Reynolds.
Councilman Davis stated that every year the Council has budgeted for
Special Events that there was always a short-fall of who wanted funds.
He stated that he would like to see it done as a one time process
during the budget process, that the Council make those commitments for
the year all at that time.
Councilman Stovall agreed and suggested that a letter be sent to
those organizations and Special Events, that were funded in the past,
and that they have their proposals and budgets in by September 8, 1989.
He stated that he did support the event and the funding of the $8,000.
Councilman Davis stated that he also supported the event and funding,
but would vote nay at this time. He stated that he would like to see
more consistency in the process.
The motion carried with Councilman Davis opposing.
Mr. James stated that it was his understanding that all requests for
Special Events were to go before the Special Event Committee which the
Marketing Committee has now set up. He stated that in the future,
the Town Council be cautious of how the Town deals with Special Events
and their scheduling.
Mr. Martin stated that being on that Committee, he did mention that
matter to the Board. The thought was that since it was an already
established event, and approved, it may or may not go before to the
Committee for Board approval. The date for the Mountain Man Triathlon
was scheduled for February 3, 1990.
Resolution NO. 89-26, Series of 1989, A RESOLUTION IN APPRECIATION OF
EMILIE HARRISON'S SERVICES TO THE TOWN OF AVON.
The Mayor read the resolution in its entirety.
The Mayor stated that with much regret he wished Councilwoman Harrison
well in her future endeavors.
The Council then recessed for cake and coffee at 8:10 p.m. and reconvened
at 8:30 p.m.
There being no further Citizen Input, the Mayor closed that portion of
the agenda.
First reading of Ordinance No. 89-12, Series of 1989, AN 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.
Mr. James stated that in the last several weeks Mr. Gerry Mayham presented
the Council with alternatives to encourage Affordable Housing in Avon.
One of the recommendations he presented to be considered by the Council
was, to eliminate the 2% real transfer tax on certain property transactions.
Mr. James stated that enclosed in the packet was a proposed ordinance
that takes some of those factors into consideration. The residential unit
would have to be occupied by the owner, that the consideration of the
sales would be less than $100,000, and that the same property improvements
had not previously been exempted. He stated that Tyrrell Realty had
requested some additional amendments.
1. That the first $100,000 be exempt from the real estate transactions.
2. That possibly, additional restraints be placed in the ordinance that
may be better to rebate the real estate transfer tax after one year as a
owner occupant.
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Gerry Mayha,Affordable Housing Coordinator for the Housing Urban
Development approached the Council.
Mr. Mayham reviewed the demographics of people who would be tentatively
approved for Affordable Housing in the area.
The Mayor called for a motion to bring the ordinance to the floor.
Councilwoman McRory moved approval of Ordinance No. 89-12, Series of
1989 on first reading. The motion was seconded by Councilwoman Harrison.
Councilman Davis requested that the Council look at some of the suggestions
that were made by David Tyrrell.
It was stated that if the buyer was allowed the exemption, and at some
point within six months, they converted the property into investment
property, the Town would not have the ability to lien the property to be
able to collect the 2% transfer tax at a later date.
The Town Attorney stated he had no solution on how to deal with that
concern. He stated that he had included language in the ordinance that,
an application was accompanied by an affidavit that the real property
was being purchased for use as a primary residence and not for
investment or resale. He stated that if this was falsely stated, it would
be difficult to be proven.
Councilman Stovall felt that the ordinance was not in the proper
formate at this point. He suggested amending the ordinance so that if
somebody did make a fraudulent application for use change in a few
months period from date of purchase, that the subsequent purchaser may be
liable for the payment of the transfer tax. He stated that if you put
the bourden on the subsequent purchaser, it would seem that the person
who purchased the property initially, would have difficulty selling the
property.
The Town Attorney suggested that the exemption could be made a conditional
one, if the property was reconveyed within a year or two, the tax
would be reinstated.
John Dunham, realtor of the valley, approached the Council. He asked
that the Town Council not put the money into an escrow account. He
stated that the young people do not have enough money to close on
property now. His second concern was the discussion of eliminating the
trailer parks in the area. He was concerned of where those residents
would live if the trailer parks were eliminated.
Jim McVay, realtor of the valley approached the Council. He suggested
that at closing, a promisory note be presented to the Town at no
interest for one year. This note could accompany the Affidavit.
Councilwoman Harrison had concern of the statement that Avon has been
moving at a 17 1/2% increase, more than Vail, in growth. She did not
want people to feel that Avon just tacked on the 2% transfer tax to make
it hard on real estate agents. She stated that they were trying to
grow a Town, and trying to make it a quality Town.
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At that point, Councilman Bennett moved to amend Ordinance No. 89-12,
Series of 1989 with the following changes:
1. That the first $100,000 be exempted from transfer tax on a property
not to exceed $150,000.
2. That instead of having the same real property improvements previously
being exempted, it would be the person or persons so that a person
moving into Town qualifies for the exemption one time and that the
property could be resold to new couples.
3. That a promisory note accompany the affidavit.
The motion was seconded by Councilman Davis.
Discussion followed.
Councilwoman McRory would like to see some language in the ordinance that
if the property was a resale that, the second buyer qualified under the
same circumstances as the first buyer; and that the sale not be in the
excess $100,000, limit it to the $100,000 at the present time.
Further discussion followed.
Councilman Bennett felt it should be passed on first reading so as to
move ahead, and then revise the ordinance before second reading.
Councilwoman McRory moved to table Ordinance No. 89-12 so that it could
be revised and fine tuned. The motion was seconded by Councilman Stovall
and was carried with Councilman Bennett opposing.
Councilman Davis suggested that staff return with a date that this
could be retroactive so that any purchases made as of September 1, 1989
would apply once the ordinance was adopted.
Mr. James requested that a work shop be scheduled for Tuesday, August
29, 1989 at 12:00 noon to discuss the Housing Authority Ordinance, and
possibly have Gerry Mayham present.
The Council agreed.
The Council tabled Ordinance No. 89-12, Series of 1989.
Resolution NO. 89-25, Series of 1989, A RESOLUTION TO AMEND THE 1989
TOWN OF AVON BUDGET(New Computer)
The Town Manager stated that there was $25,000 originally set in the
budget for a new computer. He stated that there was a additional
$6,968 needed to finance the new system. This resolution would approve
the additional funding.
Councilwoman Harrison moved approval of Resolution No. 89-25, Series of
1989. The motion was seconded by Councilwoman McRory and was
unanimously carried.
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Resolution No. 89-31, Series of 1989, A RESOLUTION TO AMEND THE 1989
TOWN OF AVON BUDGET(New Town Car)
Mr. James stated that in June of this year, he had requested that Council
consider the purchase of a Administrative vehicle to be used for town
business trips. He stated that this resolution reflects the purchase
in the amount of $12,925.
Councilman Stovall moved approval of Resolution No. 89-31, Series of
1989. The motion was seconded by Councilman Davis and was unanimously
carried.
Resolution No. 89-27, Series of 1989, A RESOLUTION OF THE TOWN OF AVON,
COLORADO, ADOPTING A SAFETY PROGRAM DEPARTMENT OF POLICY
Mr. James stated that
Agency(CIRSA) has req
control policy by the
resolution that CIRSA
Councilwoman Harrison
1989. The motion was
carried.
the Colorado Intergovernmental Risk Sharing
aired that the Town of Avon establish a loss
Town Council. He stated that it was a standard
recommended.
moved approval of Resolution No. 89-27, Series of
seconded by Councilwoman McRory and was unanimously
Resolution NO. 89-28, Series of 1989, A RESOLUTION APPROVING FINAL PLAT
AND RESUBDIVISION OF LOT 56, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
Be it noted that Councilman Stovall stepped down due to a conflict of
interest.
Norm Wood stated that this resolution and resolution No. 89-29 were
somewhat related. He stated that the Final Plat and Resubdivision
of Lot 56, Block 2, in Wildridge was a plat to divide Lot 56, Block 2
into two parcels. He stated that the current plat for Lot 56, Block 2
was for Coyote Ridge Condominiums which contained two units that were
part of a four unit condominium project and the west end of that lot
had been designated as phase II. He stated that the plat has been reviewed
and found that they were in general conformance with the Town of Avon's
subdivision regulations and would recommend approval subject to:
1. Review and approval by the Town Attorney of executed plat certificates
for conformance with Town Regulations.
Councilman Reynolds moved approval of Resolution No. 89-28, Series of
1989. The motion was seconded by Councilman Davis and was carried with
Councilman Stovall abstaining.
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Resolution No. 89-29, Series of 1989, A RESOLUTION APPROVING FINAL PLAT
AND RESUBDIVISION OF LOT 56-W, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
Norm Wood stated that this subdivision would divide the west portion,
or Lot 56, Block 2, Wildridge Subdivision. He stated that this site did
contain a duplex and the purpose of the plat was to divide the duplex
into two buildings.
He recommended approval subject to:
1. Review and approval by the Town Attorney of executed Plat Certificates
for conformance with Town Regulations.
Councilwoman Harrison moved approval of Resolution No. 89-29, Series
of 1989. The motion was seconded by Councilwoman McRory and was carried
with Councilman Stovall abstaining.
Councilman Stovall then took his seat on the adais.
Resolution No. 89-30, Series of 1989, A RESOLUTION APPROVING FINAL PLAT
AND RESUBDIVISION OF LOT 1, BLOCK 1, EAGLEBEND SUBDIVISION FILING NO.2,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
Norm Wood stated that this site was located north of Eaglebend Drive,
between Eaglebend Drive and the railroad tracks directly across from
the duplex properties. The purpose of the subdivision was to divide
their two single family units. This would divide the western portion
of that property into an open space tract, which was tract A. It would
place the dividing line between the two units that were constructed,
and would designate the remainder of the tract of Filing 2 as tract B,
which was planned for future subdivision or resubdivision as additional
units were constructed.
He stated that the plat was reviewed and was found to be in general
conformance with the Town's subdivision regulations and would recommend
approval subject to:
1. Review and approval by the Town Attorney of executed Plat Certificates
for conformance-with Town Regulations.
Councilman Reynolds moved approval of Resolution No. 89-30, Series of
1989. The motion was seconded by Councilman Davis was unanimously
carried.
Resolution No. 89-32, Series of 1989, A RESOLUTION WITH FILED PETITION
SHOWING THE NEED FOR A HOUSING AUTHORITY.
John Dunn stated that a petition had been filed by the Clerk with twenty
five signatures of residents of Avon which would now authorize the Council
to schedule a hearing on the issue of whether there was a lack of safe
or sanitary Accommodation Housing in the Town of Avon. The public hearing
was scheduled for September 12, 1989.
Councilman Davis moved approval of Resolution No. 89-32, Series of 1989.
The motion was seconded by Councllwoman Harrison and was unanimously
carried.
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The Town Attorney reported on the Avon Center, Out-Lot U. He stated
that the partnership of which Don Buick was the representative, had
not File an Answer in connection with the law suit Filed by the Town
in respect to the Out-Lot #3. He stated that the Motion for Default
Judgement and the Answer had crossed in the mail. He stated that the
Motion for Default Judgement was denied. He had talked with Mr.
Marsh's attorney and based on the conversation and the review of the
Answer, there was dispute between Mr. Buick and Mr. Marsh as .to who has
the responsibility of paying the property tax on Out-Lot U. He stated
that he would set the matter down for Trial in hope to get the parties
together to try and resolve the dispute.
Mr. James reported on the proposed Annual Business License Fees. He stated
that the Avon Marketing Committee met last Friday. They had drafted a
letter to which it will be sent to all the businesses on Monday,
August 28, 1989. This letter reflected the intent and purpose of the
Annual Business License Fees, and what impact it would have on the
local businesses. There will be a public meeting on September 6, 1989 at
7:00 p.m. in the Council Chambers for the business owners and the Avon
Marketing Committee. That input would then be brought back to the Town
Council on September 12, 1989. He stated that also listed in the letter
was the list of the Committee members and their phone numbers if any of
the business owners had questions.
Next on the agenda was the Avon Openspace in Wildridge discussion, and
the Benchmark proposal of the Doyle & Associates Warehouse discussions.
Be it noted that Mayor Nottingham and Councilman Stovall stepped down
due to conflict of interest.
Norm Wood stated that in taking inventory of the open space tract which
were located within the Town of Avon, he found that Wildridge Development
Company, and Wildridge Investment Company has held title to the open
space tracts in Wildridge. Based upon the information that he had,
the property taxes have not been paid on those open space tracts for the
years 1986, 1987, and 1988. He stated that under that situation, it was
possible for the Town to take ownership of those tracts, and could be
transferred to other owners through a tax sale. He stated that the
taxes of those properties for those three years totaled $18,626. He
stated that plus the accrued interest would be approximately $20,000 to
$25,000. He stated that tracts "J""M" and "0" were especially
critical. The Avon Metropolitan District's water tanks and pump station
were housed on those tracts. Also on tract "Cl! the Wildridge Fire
Station was located. He stated that AMD has paid taxes for the tracts
and were in the process of acquiring title. He stated that Wildridge
Development and Wildridge Investment Company would be willing to transfer
title to tracts "B" and "V".
Discussion followed.
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Councilwoman Harrison moved to authorize staff to make a written request
to Benchmark Companies; Wildridge Development Company and Wildridge
Investment Company to transfer title of the Wildridge Open space tracts,
and tracts "B" and "V", Benchmark at Beaver Creek, to the Town of Avon.
2. Authorize the expenditure of funds to pay taxes and accrued interest
on Wildridge Open space tracts with the exception of tracts "J""M" and
"0". Maximum expenditure should not exceed $25,000. Taxes for tracts
"J""M" and "0" should be paid by Avon Metropolitan District.
3. Authorize staff to contact owner of remaining open space tracts in
Benchmark at Beaver Creek to negotiate transfer of title for these
tracts to the Town of Avon. The motion was seconded by Councilman Davis
and was carried with Mayor Nottingham and Councilman Stovall abstaining.
Mr. James reported on the Benchmark proposal to the Town of Avon in respect
to the Doyle & Associates Warehouse.
He stated that the proposal was for the Town to purchase the entire
complex of the Doyle & Associates Warehouse. He stated that it would
be studied to see if it would be feasible for the Town to acquire this
complex, and it would be brought back to Council for their recommendation
to see if it was in the best interest of the Town. Mr. James requested
authorization to proceed with negotiations with the Benchmark Companies.
He stated that at this point, the Town has no land at all to consider
for a public works site. He stated that it was a necessity to acquire
some facility for public works, as well as, for cinder storage. Mr.
James stated that this would be for short term until the Town could
acquire a permanent location. Mr. James recommended the purchase of the
facility which would help resolve the situation for the short term needs.
Councilman Bennett moved to authorize staff return with their recommendation
in three weeks so that Council could act accordingly. The motion was
seconded by Councilwoman Harrison and was carried with Mayor Nottingham
and Councilman Stovall abstaining.
Mayor Nottingham and Councilman Stovall then resumed their seat on the
adais.
The Mayor declared that there was a vacancy on the Avon Town Council, and
that a public notice would be placed in the papers. According to the
Town Charter the vacancy has to be filled within thirty days.
The Mayor then presented Emilie Harrison with a Certificate of Appreciation
for her services to the Town and wished her well.
Councilwoman Harrison thanked the Council and the staff for their help
and support.
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Norm Wood reported on the Centennial Engineering update study. He
stated that he had received the update report on the separated grade
crossing. The costs were based upon the previous cost estimate that
they prepared, taking Avon Road under the railroad tracks. The
previous cost estimate in 1985 was 5.7 million dollars. Most of the
update was for changes and construction with an exception that it did
include some additional retaining walls on the south side of the tracks
on the east side of Avon Road along Nottingham Station. The revised
cost estimate was increased by 6.8 million dollars. He stated that in
addition to that, they also looked at the cost of a pedestrian bridge
at West Beaver Creek Boulevard. This cost estimate was based on the
use of a bridge span that the railroad indicated they would provide
to the Town at no cost. This did not mean that the structure would be
free of costs. There would be $26,000 to improve the span and in
addition to that, a ramp would be constructed for handicap access,
bicycle path access over the tracks. The cost would be $485,000.
$156,000 if a stairway on each side of the railroad tracks were
constructed. Mr. Wood stated he had asked for a cost estimate for an
underpass instead of an overpass at West Beaver Creek Boulevard.
A meeting of the Avon Railroad Committee has been scheduled for August
29, 1989 at 10:00 a.m.
The Mayor stated that the Town Council was invited to participate in
the City of Manitou Springs Mayor Cup 5K run.
The Mayor reported on the meeting for the 1990 Census.
It was stated that the 1990 census needed to be an accurate count for
the entire county because of the grants that were given according to
population of cities and towns.
The Mayor reported on the CAST meeting which was held in Dillon. He
stated that CAST had met with the State Highway Commission and met the
new Commissioner who was appointed from the area. He would be in Eagle
County to discuss and talk about the Eagle County needs.
Proclamation "Walkin Willie's 600 mile walk.
The Mayor read the Proclamation in its entirety.
A copy of the adopted Proclamation would be sent to the Governor's Office
so it could be presented to Walkin Willie Croker.
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The Financial Matters were next presented to the Council.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for August 22, 1989. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for August 22, 1989. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the August 8, 1989 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Mr. James requested that Council retire into executive session to
discuss land appraisals.
Councilman Stovall moved approval to adjourn into executive session.
The motion was seconded by Councilwoman McRory. The meeting was
adjourned by Mayor Nottingham at 9:55 p.m.
The Council then retired into executive session.
SP CTFULLY SUBMIT E
J
atricia J Doyl , To Cler
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