TC Minutes 08-23-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 23, 1994 - 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 Reynolds at
7:32PM. A roll'call•was taken with Councilors Jack Fawcett, Tom
Hines, John•Hazard, Celeste C. Nottingham, and Jim Roof.
Councilor Judy Yoder was absent. Also-present were Town Manager
Bill James, Town Attorney John Dunn, Director of Community
Development Tom Boni, Town Engineer Norm Wood, Superintendent of-
Recreation Meryl Jacobs, Director of Municipal Services Larry
Brooks, Transportation Director Harry Taylor, Fire Chief Charlie
Moore, Police Chief Gary Thomas, Town Clerk Patty Neyhart, as
well as'members of the press and public.
First item on the Agenda under Citizen Input was the St. Moritz
Trip Review with Buz Reynolds, John Hazard, Jan Strauch, Merv
Lapin, and Frank Johnson.
Mr. Merv Lapin presented a general review of the St. Moritz trip.
St. Moritz has-.been Vail's "Sister City" for 10-15 years. St.
Moritz is Vail's only "Sister City" and a lot of problems are
commonly shared. Mr. lapin compared the-Vail/Eagle Valley to the
Engadine Valley. The three main reasons for the trip and topics
of discussion were Special Events, Marketing, and Exchange
Program (employees). Mr. Frank Johnson gave the detailed
presentation-on Special Events, Mr..Jan Strauch presented the
Marketing aspect and Ms. Syball Navas detailed the Exchanges.
Ms. Peggy Osterfoss thanked the Council for sending Mayor
Reynolds and Councilor Hazard and hoped Council would continue to
work with Vail in the future. Mr. Lapin informed that Mr. John
Horan-Kates-has been contracted, and can spend,up to $5;000., to
coordinate the "Sister City" concept.' Mr. Lapin requested the
Town of Avon participate at a cost of $1,250 to continue the
coordination with St. Moritz. Mr. Lapin added Vail Associates
will be asked to participate,at $1,250, as well. Mr. Lapin noted
the St. Moritz entourage will be coming to Vail this fall.
Next item Added to the Agenda under Citizen Input was lighting
and property tax concerns by Ms. Chris Ekrem.
Mr. Chris Ekrem, citizen of Avon, noted her concern of the non-
lighting'between Avon Road and the Town of Avon Municipal
Building. Ms. Ekrem requested the way to the Municipal Building
be lit. Mayor'Reynolds stated that we are in the process of
doing that. We will have ample lighting as soon as the library
and everything is in place.
Ms. Chris Ekrem reported how her property taxes have increased
over the years. Ms. Ekrem voiced concern of her increasing,
assessment of property value. Due to her limited income and
during..the budgeting process, Ms. Ekrem requested Council to make
her a special case and not collect the 27.72% of her property
tax.
Council recessed at 8:50PM and reconvened at 8:57PM.
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Second Reading of Ordinance No. 94-17, Series of 1994, AN
ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04 OF THE,MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO ANIMAL CONTROL; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF
Mayor Reynolds announced this is a public hearing.
Mr. Bill James stated this is second reading of an Ordinance that
will allow the Town of Avon'to be able to enforce animal control
within it's jurisdiction. Per Council's request, cats have been
incorporated into the Ordinance. This Ordinance is geared toward
animal control; specifically dogs and cats.
Councilor Nottingham asked how long the,offenses are in effect;
is it three offenses in a year or what? Town Attorney Dunn
stated this is in Section 6.0.160 (C), page 17.
Councilor Nottingham moved to approve Ordinance No. 94-17, Series
of 1994 on second reading. Councilor Fawcett seconded the
motion.- The motion carried unanimously.,
First Reading of Ordinance No. 94-18, Series of 1994, AN
ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO,
SALES TAX REVENUE BONDS; SERIES 1994B; PROVIDING THE FORM, TERMS
AND CONDITIONS OF THE BONDS, THE MANNER AND TERMS OF ISSUANCE,
THE MANNER`OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY
THEREFOR; PLEDGING SALES TAX REVENUES OF THE TOWN FOR THE PAYMENT
OF THE BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS AND
MAKING OTHER PROVISIONS CONCERNING THE BONDS AND THE SALES TAX
REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING
THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
Mr. James informed this Ordinance will allow us to purchase a
public works site. The site we are looking at is Swift Gulch,
approximately 55 acres, for a purchase price of $1.5 million.
Last year our election authorized issuance of bonds in the amount
of,$1.7 million; $1.5 of that was to be used to purchase the site
and $200,000 set up a bond reserve and paid for the issuance of
the-bonds.. The land contract stipulates that on October 15th
$75,000 must be paid. If we do not close on the land, we will
lose that $75,000. This schedule will allow us to close on the
property by October 13th. We will have 2nd reading of the bond
Ordinance on September 13th and then we have to wait 30 days to
be able to close on the bonds and actually be able to close on
the property. Our agreement with the property owner is that we
really close on or before December 1st. Fleet Maintenance has
been hired and they.have produced a few site plans showing how to
utilize the site. Intermountain Engineering has been hired to do
soil testing on the site.
Councilor Hines motioned to approve Ordinance No. 94-18, Series
of 1994 on first reading. Councilor Roof seconded the motion.
The motion carried unanimously.
Resolution NO. 94-25, Series of 1994, A RESOLUTION APPROVING THE
PRELIMINARY AND FINAL PLAT OF SUNSET TOWNHOMES, A RESUBDIVISION
OF LOT 78, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
Mayor Reynolds announced this is a public hearing.
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Mr. Norm Wood stated that Sunset Townhomes Association has
submitted an application for Preliminary Plan and Final Plat
approval for the resubdivision of Lot 78, Block 1, Wildridge.
This is a six-plex townhome project. The reason for the
preliminary plat and public hearing process is that it involves
more than four units, thus it can not be considered as a minor
subdivision. Plans have been approved by the Planning and Zoning
Commission. The project is essentially complete. The
subdivision will allow them to sell the individual units.
Councilor. Nottingham motioned to approve Resolution No. 94-25,
Series'of 1994. Councilor Roof seconded the motion and the
motion carried unanimously.
Resolution No. 94-26, Series of 1994, A RESOLUTION ADOPTING THE
ELECTION QUESTION
Resolution No. 94-27, Series of 1994, A RESOLUTION ADOPTING THE
ELECTION PROCEDURES INCLUDING CERTIFICATION OF THE ELECTION
BALLOT
Attorney Dunn-stated-both of these Resolutions arise out of,.a
worksession two weeks ago with Dee Wisor, Bond Counsel to the-,
Town. The first Resolution would implement'a particular
provision in Amendment 1, adopted by the electorate almost two
years ago. A portion of Amendment 1provides that,any local
government in Colorado may place a measure before the voters,
which, if it is approved by the voters, basically makes Amendment
1 inapplicable for a period of four years. That is the effect of
this Resolution. If it is adoptedby,the Council and approved by
the voters, it is somewhat of•a limited opt-out, because it does
not opt the Town out of elections to incur bonded debt or to
increase the sales tax or impose a use tax, as well as to
increase the rate of property taxes. So, the effect of the
election question would be to generally allow increases in the
revenues from those revenue sources as a result of additional
sales and inflation and so forth. The election question also
clarifies an issue, with regard to the four year opt out
provision, which is; what then is the spending base once that
four year period is over. This could be considered to be the
spending at.the time the election was held. or the spending base
at the end of the four year period. And, in some what of a boot
strap fashion, the question submitted to the voters provides that
the voters determine what the spending base will be after four
years, or in 1998, rather than 1994.
Councilor Fawcett stated the language in the provisions which
allow us a four year opt out from Amendment 1; the Council
definitely agreed to that and felt it would make it more
manageable for the Town's finances during that period. But, we
also indicated that in the event we thought we should raise taxes
of any sort, being real property, sales or use taxes, or issue
further bonded debt, that we would definitely go back to the
taxpayers for that. However, there is a provision in here that
is in parentheses and I am not certain if it makes sense to me.
It says that "except" for increases to pay debt service on
outstanding general obligation bonds of the Town. Now this would
mean to me that we could raise these taxes if we were going to
use these proceeds to pay obligations; to pay the debt service on
general obligation bonds previously issued. It seems to me, if
Amendment l allows this without having to go to the voters then
we don't need it in this particular provision. And, if Amendment
1 doesn't allow it, than I am not sure we shouldn't have to go
back to the voters, if we need to raise these taxes, because that
is the intent. We do not want to raise taxes unless we go to our
voters.
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Attorney Dunn stated it is my recollection that Amendment 1 is
ambiguous with respect to increases in tax rate to cover debt
service on outstanding general obligation bonds. So the
inclusion of this language may serve to clarify an ambiguity.
The other comment, I would have, is that we are dealing with debt
service which is already fixed by virtue of the Ordinance
authorizing the general obligation debt service at the time the
debt was incurred. That being the case, I guess it would seem to
me this would be a rather limited exception.
Councilor Fawcett stated'it seems to me that if we; let's say
that this Amendment is passed on our ballot November 8th, we
could in effect, on November 9th raise sales taxes or raise real
property taxes and ear mark those proceeds specifically to pay
the debt service on already existing bonds. Now, we take the
monies that we would have used to pay those and we put them to
some other use. In other words, it doesn't indicate; all we have
to do is just ear mark the proceeds of that increased tax to pay
those bonds and we could raise taxes without going to the voter.
Attorney Dunn stated I don't think I would interpret it that way.
Councilor Fawcett stated you indicated this provision was
ambiguous as to whether or not you needed voter approval which
means that no one knows whether you can or can't.
Mr. James stated that what has happened is that for debt that was
issued before Amendment 1; alot of that was general obligation
debt. This means if there are not sufficient revenue sources
from other sources of revenues, you have to increase your
property taxes in order to pay for that debt service.
Councilor Fawcett interjected, or else go bankrupt. Or else, go
to our voters as Amendment 1 requires and ask them to increase
these taxes; which is what we really intended.
Mr. James reiterated that prior to the passage of Amendment 1 as
an example, we had $4 million in outstanding debt. We issued
that debt prior to Amendment 1. When we issued that debt we
pledged to the bond holders the full faith and credit of the Town
of Avon as a general obligation of the Town. We told the bond
holders that if there is any problems with.the Town being able to
pay for that debt, the Town would increase it's property taxes to
help pay for those bonds. Say, the Town had to raise it's mill
levy by one or two mills; we would still be able to do that,
according to-our Bond Counsel, for any debt that was issued prior
to the passage of Amendment 1.
Councilor Fawcett stated, so then we don't need this provision.
Mr. James stated the Resolution is trying to clarify, in terms of
Amendment 1; the Council would still take back to an election,
even by opting out of Amendment 1, bonded debt and any increases
in sales taxes and property taxes. We are trying to keep in line
with that current exception that we.have. Without that, I think,
people would interpret'it to mean that even for debt.that was
issued prior to Amendment 1, we would not be allowed to increase
our property taxes.
Councilor Fawcett questioned if putting aside this Resolution
totally in the Amendment that next week we could raise property
taxes to pay general obligation bonds., Mr. James answered yes.
And, there has been communities that have done'that. 'Councilor
Fawcett asked if the Town of Avon could raise taxes without going
to the voters right now for that purpose. Mr. James stated for
debt issued prior to Amendment 1, yes. Councilor Fawcett stated
he is not sure he agrees with that. But, as along as we, as a
Council realize that we do have the possibility of raising taxes
without going to the voters; and that is what we are passing on.
Councilor Hines stated, but that is for a very specific instance.
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Councilor Fawcett stated I agree; I wanted everyone to know that
is the situation.
Councilor Nottingham questioned if this is the actual question
that will be on the ballot. Attorney Dunn stated this is the
question that will be on the ballot. Councilor Nottingham stated
she would like to see one voter who understands what that means
after they read it; it is very confusing. Council's consensus
was the wording is very difficult to understand.
Discussion focused on verbiage of the question.
Mr. James suggested that Dee Wisor, Bond Counsel, come before
Council to explain. Council agreed to review this Resolution
prior to September 13th, which is the date the ballot is to be
certified with the County Clerk.
Councilor Hines motioned to table Resolution No. 94-26, Series of
1994 and Resolution No. 94-27, Series of 1994. Councilor Roof
seconded the motion and the motion carried unanimously.
The next item on the Agenda under New Business was Election 1994
/ Intergovernmental Agreement.
Town Clerk Patty Neyhart-stated this intergovernmental agreement
is basically the same, that we had%for the. 1992 election. There
were a few concerns and after speaking with the County Clerk the
only suggested change was on the first page; change "eligible"
voter to "registered". With that-change, Staff recommends,
approval.
Town Clerk Neyhart distributed an updated calendar for election
1994. The ballot certification date is September 13th and early
/ absentee voting can begin on October 17th.'-
Councilor Hines motioned approval of the Election 1994 /
Intergovernmental Agreement with the following change; that the
word "eligible" voter be change to "registered" voter. Councilor
Hazard seconded the motion and the motion carried unanimously.
Next item on the Agenda under New Business was Change Order #3 /
Public Works Annex.
Mayor Reynolds expressed a conflict of interest, turned the
meeting over to Mayor ProTem Nottingham, and left the chambers.
Mayor ProTem Nottingham presided and asked Mr. Larry Brooks to
elaborate.
Mr. Brooks informed the contractor recommended the changes.be
incorporated into the project, and Staff agreed. The items were
siding on the backside of the building, to install a dry well and
sand trap drains for the floor, and to install steel plates for
bracketing to support the garage doors. Total amount for these
three recommended changes included in Change Order #3 is
$1,735.25. Original Contract Price was $220,329.00. With all
change orders, the total revised contract price is $223,780.69.
Councilor Fawcett motioned approval of Change Order #3.
Councilor Roof seconded the motion and the motion carried
unanimously.
Mayor Reynolds returned to the chambers and presided over the
meeting.
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Next on the Agenda was the Mayor Report.
Mayor Reynolds asked, if any Councilmember is interested in the
Colorado Municipal League Policy Committee appointment, to let
him know.
Mayor Reynolds informed that the U.S. Postal Service has
allocated the funds to build the Avon Post Office. In order for
them to take advantage of the money that is available, they have
to move very quickly; actually the project has to be committed by
September 16, 1994.
Next on the Agenda was Other.Business.
Councilor Nottingham announced that CDOT turned us down for the
request of funds to help with our bus situation. Mr. James
stated this will be reviewed with Tom Mouser;_ we-have been turned
down three or four years in a row.
Councilor Nottingham announced that Governor- Romer sent a
Comprehensive Approach to Fighting Crime, dated July,`1994.
Councilor Nottingham reminded that within the past month, Council
passed an ordinance relating to open container law. This
basically has to do with drinking alcoholic beverages in public.
The Ordinance said if you would like to have an event in the
park, you would need to get a special events permit for the
Council. Councilor Nottingham stated that when she had a need
for a social event in the park and looked into getting a special
events permit she realized this wasn't the intent of the Council.
She thought that if a group, a social group, perhaps a high
school reunion or family reunion, wanted to have a picnic in the
park-, they would come to the Council; ask for a permit and we
would give them approval. The application for a special events
permit is for a very select group; an incorporated non profit
status selling liquor. The Town of Avon does not have a special
application for asocial event; we are under the State of
Colorado liquor laws. We inadvertently eliminated the
opportunity for the high school reunion, the family reunion, etc.
Mr. James asked for clarification; if this,is a private party,
the general public is not invited, and they are not selling the
liquor or beer; so, if it is a private party where the public is
not invited and they are not selling it, can they not give it
away at their private party? Town Clerk Neyhart stated in a
private party they could, but as I understand it; and John
correct me; it is a public park and we just; with that ordinance,
they can't have an open container in the park. Mr. James stated
no, we said they could not do that unless they got approval from
the Town Council. Councilor Hines interjected approval from the
Local Liquor Licensing Authority. Mr. James stated we were going
to change it to the Liquor Authority, but I don't think that ever-
happened. Mr. James requested a copy of the Ordinance.
Councilor Nottingham interjected the who giving approval is not
the concern; she is concerned of whatever board giving permission
would be giving a special events permit. And, the only special
events permit is the,one given out by the State that has real
strict requirements that basically eliminates the social part of-
the thing and relates to sale. We don't have a provision for the
social limited guest thing in our park. Mayor Reynolds suggested
providing a different permit for picnics, etc. Councilor Hazard
stated he does not want to see high school kids with beers in the
park. Councilor Nottingham stated the high school reunions are
held ten years after graduation-. Councilor Roof-interjected you
would still have to be of legal age.
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Councilor Nottingham stated what we didn't do in the Ordinance is
perhaps state two kinds of permits; special events permit which
allows the sale.by non profits and the social.permit which is for
the family'reunion, the company annual picnic, etc.
Town Clerk Neyhart distributed copies of the Ordinance.
Councilor Hines stated it is written in the Ordinance "by written
authorization of the Liquor Authority"; we already have that
ability to do that. If.they came before the Board and they said
well, we'd like to hold this party and it is a private party; no
sale; consumption is amongst that party, and not offered to the
general public; as I read this as it stands, "except by written
authorization of the Liquor Licensing Authority". Why can't we
go ahead and do it? Councilor Roof agreed and stated it says in
the Ordinance they do not need a special events permit. Mayor
Reynolds agreed and felt we need some type Iof social permit;
nothing complicated. What it should contain is their
limitations;,stay within a designated area, date, time.
Mr. James stated we could do that on our Park Permit; anybody
that is going to serve or is going to have alcohol at a social
type gathering we could amend the Park Permit. All that is
needed is to put a check mark on this form for them to come
before the Liquor Authority for permission. Council's consensus
was.agreement to this process. Councilor Roof stressed detailing
the designated area.
Another item added to the Agenda under'Other Business was the
Booster Club.
Mr. James asked if Council wanted to purchase a 1/4 page ad for
$200 to help the Battle Mountain Booster Club. Council's
consensus was to support the Battle Mountain Booster Club with
the purchase of the ad.
Next on the Agenda was the Consent Agenda:
a.) Financial Matters
b.) Approval of the August 9, 1994 Council Meeting Minutes.
Councilor Hines motioned to approve the Consent Agenda.
Councilor Fawcett seconded the motion and the motion carried
unanimously.
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 Roof. The
meeting was adjourned by Mayor Reynolds at 9:55PM
RESPECTFULLY SUBMITTED:
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Pa ty.Ney art own Clerk
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