TC Minutes 03-13-1990MINUTES OF THE
HELD MARCH 13,
REGULAR-TOWN COUNCIL MEETING
1990 - 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 7:38 p.m.,
A roll call was taken with David Garton, Albert'Reynolds,'Mike Bennett,
Gloria Mc_Rory 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 Municipal Services
Larry Brooks, Director of Community Development Rick Pylman, Police
Chief Art Dalton, Fire Chief Charlie Moore, 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 the Citizen
Input portion of the agenda.
Ordinance No. 90-1, Series of 1990, AN ORDINANCE REPEALING AND
RE-ENACTING CHAPTER 5.04 OF THE MUNICIPAL CODE OF THE-TOWN OF-AVON TO
PROVIDE FOR AN OCCUPACTIONAL TAX; PROVIDING DETAILS IN CONNECTION
THEREWITH; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
The Mayor-stated that this ordinance was not scheduled on'the agenda
but was requested to discuss this for possibly re-consideration:
Mr. James stated that it had been suggested by a number-_of Councilmembers
that Ordinance No. 90-1 be re-considered.. This, ordinance was in
respect to the Business License Fees. The proposed ordinance was
based upon Crested Butte's ordinance and also based on Breckenridge's
ordinance. He stated that-earlier in-the work shop, it was suggested
that Council consider going to a flat fee for'the business license
fee rather than the survey"the staff recommended.
Councilman Stovall suggested that Council revise the previous ordinance's
language to accommodate the increase of a flat fee.
Discussion followed.
Councilman Bennett moved to bring ordinance, No..90-1, Series of 1990,
to the table for re-consideration. The motion was seconded by Councilman
Garton.and was unanimously carried.
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The Mayor entertained discussion for Ordinance,No. 90-1.
Councilman Stovall_ moved to amend Ordinance No. 90-1; Series of 1990,
so that Ordinance.14o.190-1 reflect the language which was previously
enacted in Chapter 5.04 of the Municipal Code entitled, "Business
Registration" with the following exception, "5.04.010, Subsection B,
which previously read, "the filing of each business registration form
be accompanied by a payment fee of ten dollars". Councilman Stovall-
moved that the language be modified to say, "that the filing of each
business registration form shall be accompanied by a payment fee of
seventy five dollars". The motion was seconded by Councilman Garton.
The effective date would be May 1, 1990.
Councilwoman McRory suggested that the business license fee should be
fifty dollars.instead of'seventy five dollars.
The Mayor entertained a roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett and Jim Stovall. Councilwoman McRory voted nay.
The motion carried with Councilwoman McRory opposing.
Second reading and public hearing was scheduled for March 27, 1990, at
6:00 P.M.
Resolution No.,-90-5, Series of 1990, A RESOLUTION STATING THE COMMITMENT'
OF.MATCHING LOCAL FUNDS FOR CONSTRUCTION OF SEPARATED RAILROAD GRADE
CROSSING ON AVON ROAD.
Mr. James stated that they wanted to present the resolution to the
Department of Highways, to show them the Town's commitment in the
participation of the $7,000,000.00 for the Separated Grade Crossing.
$3.5 million would be raised locally. Hopefully $3.5 million from the
State of Colorado. The Town of,Avon's contribution would be $1,460,000.00,
which included $300,000.00 anticpated grant from the Division of Local
Affairs, the Denver Rio Grande with in-kind services with $1,250,000.00
and Beaver Creek Metropolitan District of $400,.000.00(of that amount,
$150,000.00 would be cash and $250,000.00 would-be in the Town of Avon's
Bond Issue),and Eagle County with in-kind services of $390,000'.00.-
He stated that written letters of commitment would be sent to Bob
Moston,.who was the District Engineer for the Department of Highways.
This resolution would also be presented at the April meeting of the
Highway Commission for consideration.
The Mayor stated that he felt it was essential that this resolution
be approved.
Councilman Bennett moved approval of Resolution No. 90-5, Series of
1990. The motion was seconded by Councilman Reynolds and was
unanimously carried.
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Next on the agenda was a Proclamation proclaiming April 1, 1990,
as "Census. Day" .
Mr. James stated that in addition to this proclamation, there was
additional information - that had to be reviewed,' by the Council.
Appartently the-:.Town had received some information from the Census
Division indicating that Washington has stated that the supplement
payment that the :Town of Avon and several other Towns have approved,
was illegal. That the Towns cannot pay the census workers this
supplement. There should be written authorization coming forth in
regard to this matter.
The Town Council suggested that staff contact our Congressmen on this
matter, but in the meantime, leave it in place.
Discussion followed.
The Mayor then read the Proclamation into the record.
The Mayor also read into the record, the Proclamation proclaiming April
1 through 7, 1990 as, "The Week of the Young Children".
The Town Attorney. Report was next on the.agenda.
Mr. Dunn stated that the water issue was scheduled for 3:00 p.m. on
Thursday, March 15, 1990 in the Court of Judge Hart.
He also Filed the Avon Metropolitan District's Disclosure Certificate,
which included a list of witnesses that would be potentially called.
He advised the Council that after some discussion with the Avon
Metropolitan Board,'Mr.'Dunn concluded that Jim Collins was a potential
witness who represented the:.Authority. He stated that he proceeded
that way for a couple of reasons.
1. He was contacted by Dee Wisor, Bond Attorney, who had been informed
by Jim Collins, that it was his plan to include Dee Wisor as a potential
witness in the Case, because Mr. Wisor was a drafter of the documents,
which were being interpreted. Mr. Dunn felt it was incumbent upon
the Town to.include Jim Collins as the other drafter of the documents.
2: That there was.a copy of meeting minutes of'october of 1988 in which
Jim Collins expressed his opinion that the Authority could not spend.,
money on major capital additions, which-seemed to contradict-the
opinion he was expressing in connection with the law suit. Mr. Dunn
stated that with these two reasons.-in mind, it indicated the
importance of having Jim Collins as a witness. The decision should be
made final that.he should be obligated to testify, but of course, there
would be a question as to whether he could continue to represent the
Authority in this particular Case.
Mr. Dunn stated that hopefully the Case could be settled on Thursday.
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•
The Mayor reported that the Nortwest Colorado Council of Governments
was to host a 4 hour work shop concerning solid waste issues. The
work shop was scheduled for March 22, 1990 in Kremling, Colorado from
11:00 a.m. to 2:45 p.m.. The Mayor asked if any of the Councilmembers
could attend, and if so, that they RSVP by March 19, 1990.
The Financial Matters were next presented to the Council.
Councilman Stovall moved to receive items #1 through #9. The motion
was seconded by Councilwoman McRory and was unanimously carried.
Councilman Stovall moved approval of the General Fund of Accounts
Payable for March 13, 1990. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilman Stovall moved approval of the Reconciliation Sheet of
Accounts Payable for March 13, 1990. The motion was seconded by
Councilwoman McRory and was unanimously carried.
Councilman Reynolds moved approval of the February 27, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Stovall and was unanimously carried.
The Council then discussed work shop items under Other Business
of the agenda which were not discussed earlier.
The Town had received a Promissory
Butler in respect to the Peregrine
Partner of the Grand-on-Avon. Mr.
Note and that the Town of Avon did
that the interest rate was at 10%,
$86,400.
Note which was executed by Gerald
Project. Mr. Butler was the General
Dunn stated that it was a Ninety Day
not release its Lien. He stated
and the Note was in the amount of
No action was taken.
There was discussion on the H.R. 586 Bottle Bill.
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Mr. James stated that it has been brought to the attention of the
Town Council by a local Citizen of Avon that the Town Council may
want to consider the "Bottle Bill". -This'Bill was introduced by
Congressman Paul Henry representing Michigan's 5th District.
This Bill would require a deposit on containers of a deposit value.
of not less than five cents.
Councilman Stovall moved approval that the Town of Avon adopt .
Resolution that was presented to the Council, which was supporting
the passing of this particular legislation. The motion was seconded
by Councilman Bennett and was unanimously carried.
Council discussed Arts in:=Public Places. This information was brought
before the Council':to.see how other communities were addressing this
issue. Mr. James stated that this could be looked at for the 1991 budget.
Mr. James reviewed'.:the-progress of the Town.of.Avon's Goals and
objectives for 1990 with the Town Council.
Mr..James discussed'the-Sublease Agreements which were between the
Town of Avon,. Avon/Beaver Creek Resort Association and.the Eagle
County Library in respect to.the space at City Market. He stated that
.there.were-.concerns of the two entities,being obligated to pay for
utilities,.parking lot maintenance and.snow removal. Mr. James -
recommended that Section 19 of the Agreement be deleted, and Section-
3, the last sentence, deleting that the Tenant would have'to pay all
charges for water, electricity and gas supplied to the premises.
The Council agreed.
Mr. James stated that Ms. Amy Niswanger would be present at the
March-27th Council Meeting for possible final action on the Agreements.
Mr. James requested authorization to draft a lease Agreement between
the Town of Avon and Eagle County for possibly having Eagle County
Annex Offices moving into the Town's Complex when the Resort moved out.
After some discussion it was the consensus of the Council to proceed-
with-the drafting of the Lease Agreement and"to lease that space for
a period of two years.
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Mr. James stated that they had made an assessment of the Town's Computer
System. He requested authorization to put an additional $7,000
to the 'already'approved $3,000 for computer equipment, which would
allow people to type into the main system or, have P C 's to do ;
additional work at each department station.
Councilman Bennett moved approval of the expenditure of $7,.000 over
the already approved $3,000'to upgrade the Town's Computer System.
The.motion was seconded by Councilman Reynolds and was unanimously
carried.
There being no further business to come before .the Council, Councilman
Bennett moved to adjourn. The motion was seconded by-. Councilman
Reynolds.
Mr. James requested an executive session to discuss land transactions.
Councilman Bennett amended his motion to adjourn into executive session.
The amended motion:-was seconded by Councilman Reynolds. The meeting
was adjourned by Mayo"r Nottingham at 8:35-'p.m.
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