TC Minutes 09-28-1993MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
. HELD SEPTEMBER 28, 1993 - 7:30 P.M.
The 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-
7:30PM. A roll call was taken with Councilors Jack Fawcett,,John
Hazard, Tom Hines,, Celeste C. -Nottingham, Jim Roof, and Judy
Yoder present. Also present were Town Manager Bill James; Town
Attorney John Dunn, Director of Community Development Steve
Amsbaugh, Town Engineer Norm Wood, Director of Municipal Services
Larry Brooks, Transportation Director Harry-Taylor, Fire Chief
Charlie Moore, Police Chief Art Dalton, Town Clerk Patty Neyhart,
as well as members of the press and public.
Second Reading of Ordinance No. 93-8, Series of 1993, AN
ORDINANCE AMENDING CHAPTER 2.30 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON, THE TOWN CODE OF ETHICS
Mayor Reynolds announced this is a public hearing.
Attorney Dunn stated the Ordinance was adopted on first reading
without change for the Council's second and final reading.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Hines motioned approval of Ordinance No. 93-8, Series
of 1993 on second reading. Councilor Fawcett seconded the motion.
With no further discussion, Mayor Reynolds entertained a roll-
call.
Those Councilors voting in favor were Jack Fawcett, John Hazard,
Tom Hines, Celeste C. Nottingham, Jim Roof,-Judy Yoder. The
motion carried unanimously.
Resolution No.- 93735, Series of 1993, A RESOLUTION-CERTIFYING
DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL-IMPROVEMENT-DISTRICT NO.
1990-1,(WILDRIDGE SPECIAL IMPROVEMENT DISTRICT-)' FOR COLLECTION BY
EAGLE COUNTY TREASURER
Mr. Bill James informed the Town established a Special
Improvement District in-Wildridge for putting.in the improvements-
for natural gas,-and cablevision.- With-those--improvements, special
assessments were assigned to each lot for the repayment, to the
Town, of those improvements. Resolution No. 93-35 lists
properties and delinquent-assessment amounts due. In'accordance
with Ordinance-90-14, that established the special assessment
district, these.properties are in default and the whole of the
unpaid principal and accrued interest is due and collectible.
This needs to be certified to the,County by,October-1, 1993, as
required by the County.- Resolution No: 93-35 takes care•of-these
delinquent accounts'.'
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Councilor Nottingham motioned to adopt Resolution No. 93-35,
certifying delinquent assessment payments in the amount of
$32,779.72 for Local Improvement District 1990-1 for collection by
the Eagle County Treasurer. Councilor Hines seconded the motion
and the motion carried unanimously.
Resolution No. 93-36, Series of 1993, A RESOLUTION CERTIFYING
DELINQUENT REAL ESTATE TRANSFER TAX PAYMENTS FOR THE TOWN OF AVON
FOR COLLECTION BY THE EAGLE COUNTY TREASURER
Mr. James informed there are a few delinquent real estate
transfer tax payments that are outstanding. Mr. James did not
remember ever having to collect delinquent real estate transfer
tax payments before. Mr. James added that usually, through the
process, they either fill out the exemption or they settle with
the Town. Plus, they have the opportunity of appearing before
Council to appeal any Staff decision on the real estate transfer
tax . We have attempted to collect on the Sunridge Building B,
Unit 312 since February, 1993. The owner made a partial payment
based upon a statement he gave us in terms of final accounting.
The problem was that when he gave us the terms of his final
accounting, it was very clear that he gave us about half of the
consideration of what he actually paid for the unit. We have sent
notices to him and have not been able to collect the real estate
transfer tax. The Sonnen Halde Unit 7-B received an exemption for
primary residence in December, 1991. We checked the unit in
December, 1992 and found the unit was being rented out. When we
confirmed his residence in December, 1993 we found out Mr. Connor
was living in California and his daughter and wife were living in
Vail. Upon contacting Mrs. Connor she gave an I don't care
remark. Both are being certified to the County for collection via
Resolution No. 93-36.
Councilor Fawcett motioned to approve Resolution No. 93-36,
Series of 1993. Councilor Roof seconded the motion and the motion
carried unanimously.
Next item added to the Agenda under Unfinished Business was the
Council Chamber Lighting.
Councilor Fawcett questioned the status of the Council Chamber
Lighting. Mr. Larry Brooks informed the lights have been
ordered, the arrangements for the electrician have been made, and
it will be done in two weeks.
First item added under New Business was the Eaglebend /
Subdivision Improvements Agreement.
Mr. Wood stated Eaglebend was annexed into the Town around 1987.
Numerous streets and public improvements had been put in under the
County. They were not totally completed and had not been
accepted. At that time, the Town of Avon made a Subdivision
Improvements Agreement with the developer for Eaglebend. There
were some items still to be completed; accel/decel lanes on
Highway 6; some improvements to the guard rail on the bridge;
minor work on the streets, etc. that were covered by this
Subdivision Improvements Agreement. That work has been completed
and accepted quite some time ago.
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All funds put in escrow and/or letter
released. Apparently, Eaglebend needs
Subdivision Improvements Agreement for
release agreement has been reviewed by
recommends approval.
of credit have been
a release of this
a clearer title. This
Attorney-Dunn and Staff,
Mr.. James questioned the construction of the bike path across a
portion'of Filing No. 4. Mr. Wood stated-this was part.of the
housing project and when the housing project was approved the bike
path ,location went away'and was not taken into consideration with
that development. Discussion followed and concerns focused around
the bike path issue. Council's consensus was to table this
request to release the Subdivision Improvements Agreement until
further information is available oh-the bike path.
Councilor Fawcett motioned to table the request for a release of
the Subdivision-Improvements Agreement. The motion was seconded
by Councilor Nottingham and carried unanimously.
Next on the Agenda was the Town Attorney Report.
Town Attorney Dunn gave an update on Lot 16. The closing to
purchase lot 16 is scheduled for Thursday. The title company
endorsed the title commitment to insure mineral exceptions and to
make the amount of the insurance the same as is in the contracts.
So, everything is ready to go.
The'next item added to the agenda under Other Business was concern
of Parking on Saddleridge Loop.
Councilor Hazard requested the police department patrol
Saddleridge Loop, due to construction crews parking on both sides
of streets. Councilor Hazard suggested they park on one side of
the street instead of both sides.
The next item added to the agenda under Other Business was the CML
Magazine article written-by.Fire Chief Charles Moore.
Councilor Yoder complemented Fire Chief Charles Moore for'the'
article he wrote in the Colorado Municipal League.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive-items #1 through-_,#3 and
approve items #4 through 05. The motion was seconded by Councilor
Roof and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Nottingham motioned approval of the September 1.4, 1993
Regular Council.Meeting Minutes as presented: Councilor Hines
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 Nottingham. The
meeting was adjourned by. Mayor Reynolds at 8:02pm'.,
RESPECTFULLY SUBMITTED:
Patty Ne art, own Clerk
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