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TC Minutes 03-25-1980• 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD MARCH 25, 1980 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Offices, second floor, Benchmark Shopping Center, Avon. The meeting was called to order by Mayor Alpi at 7:40 p.m. A roll call was taken with all Councilmembers in attendance. Also present were Town Attorney John Dunn, Teo Prinster, Vice President of City Market, Jerry and Darrell Davis, Rocky Mountain Cable TV, Elmer Claycomb, Claycomb Engineering, as well as members of the press and public. The minutes of March 11, 1980 meeting was then presented to the Council. Dick Casserley moved approval of the minutes with correction of deleting"unanimously" in the 5th paragraph, first page, seconded by Bill Doyle and was unanimously carried. Bi-monthly financial reports were next presented to the Council. After some discussion Jim Wells moved approval of the accounts payable subject to Ron McKenzie's invoice which the Council wanted to discuss, also go over the invoice for the repair for the station wagon, seconded by Dick Casserley and was unanimously carried. The Council then discussed the invoice of Ron McKenzie's for the amount of $42.00 for a proposed study for the accounting department. After some discussion the Council agreed to have Stan Bernstein look over the proposed study to determine whether in fact there is a duplication and then to determine whether the proposed study be up for consideration of payment. Teo Prinster, Vice President of City Market approached the Council. He appeared before the Council to request the Town of Avon issue the City Market Project, Industrial Revenue Bonds and to approve the Resolution No. 80-6, OF INDUCEMENT TO AUTHORIZE ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR CITY MAREKT - AVON PROJECT. Marty Dickerson with Boettcher and Company was also present. Mr. Prinster stated that City Market has gone through the Town's various Boards for approval on construction on the project for construction in 1980, but is being threatened at the present time by the high interests rates. Mr. Prinster also requested that the wording in the Resolution be changed to read, "commenced" instead of "completed". After some discussion Allan Nottingham moved approval of the Resolution No. 80-6 as corrected, seconded by Jim Wells and was unanimously carried. (A COPY OF THIS RESOLUTION IS ATTACHED TO THESE MINUTES). Mike Blair and Mr. Ron Listen approached the Council. He presented them a proposal for the park development. The proposal was made by Ron Listen, Landscape Architect of the Land Partnership of Glenwood Springs, Colorado. The proposal is a continuation for the park development to do two things, to plan in detail the installation and construction of the trees and materials in the park and the bicycle and pedestrian paths. Mr. Blair wanted to stress the fact that its getting late in the season and the trees should be ordered now. After some discussion it was the recommendation of the Mayor to pursue it further and would be discussed at a Special Meeting April 1, 1980. Jerry Davis, Rocky Mountain Cable TV, Inc., approached the Council. As part of the Franchise Agreement they are to appear each year to report on the Cable and the progress of such. At the present time they have approximately 310 customers, 33 disconnects due to non-payment and 14 people that have moved or have had bad checks. Last fiscal year, November, they lost a total of $42,000. They are looking into adding new channels. FM station was also discussed. Mr. Davis stated that they are having problems with contractors cutting the cable and have asked for support of the Town and the Building Administrator to take steps to inform the contractors to contact RMCTV before digging. The Mayor thanked Mr. Davis for his report. Elmer Claycomb of, Claycomb Engineering Assocaites approached the Council. Mr. Wyan Ganet was also present. Mr. Claycomb presented to the Council working drawings on the culvert detail. They are a completed version. These culverts deal with driveway culverts, intersections and Beaver Creek Boulevard. The widening of Beaver Creek Boulevard was discussed and also the drainage for the Town. After a lengthy discussion it was stated that these projects be discussed further at a work shop meeting next Tuesday, April 1, 1980. The Mayor thanked the gentlemen for coming. John Wheeler, Architect, respresenting David Peterson, approached the Council. He was asking for approval for the resubdivision of Lot 36, Block 2, Benchmark at Beaver Creek . After some discussion it was tabled till the April 8th, 1980 meeting because they were lacking the access information, the encroachment information and owner- ship agreement. Second reading of Ordinance No. 80-3, AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USED HEREIN; PROVIDING FOR THE DESIGNATION OF EMERGENCY LANES BY THE FIRE CHIEF AND POLICE CHIEF AND THE ERECTION OF EMERGENCY LANE SIGNS AT THE EXPENSE OF THE OWNER OF THE PROPERTY ON WHICH THE SIGNS ARE ERECTED; PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN THE DESIGNATED AREAS; PROVIDING FOR A FINE FOR THE VIOLATION OF THAT PROHIBITION AND SETTING OUT FURTHER DETAILS IN RELATION THERETO. After some discussion Allan Nottingham moved approval of Ordinance No. 80-3, seconded by Bill Doyle. A roll call was taken with all Councilmembers voting yes. Second reading of Ordinance No. 80-5, AN ORDINANCE PROVIDING FOR THE CONTROL, LICENSING, IMPOUNDING AND DISPOSITION OF DIGS WITHIN THE TOWN OF AVON. After some discussion Steve Erickson moved approval of Ordinance No. 80-5, seconded by Dick Casserley. A roll call was taken with all Councilmembers voting yes. Second reading of Ordinance No-6, AN ORDINANCE REPEALING ORDINANCE NUMBER 8, SERIES OF 1978; IMPOSING A TAX UPON THE TRANSFER OF INTERESTS IN REAL PROPERTY; SETTING OUT THE TRANSACTIONS SUBJECT TO THE TAX AND THE PERSONS RESPONSIBLE FOR THE PAYMENT THEREOF; DEFINING CERTAIN TERMS AS USED HEREIN; SETTING OUT THE METHOD BY WHICH THE AMOUNT OF THE TAX IS COMPUTED; PROVIDING FOR CERTAIN EXEMPTIONS TO THE IMPOSITION OF THE TAX; ESTABLISHING PROCEDURES FOR FILING AN APPLICATION FOR EXEMPTION FROM THE TAX; SETTING OUT THE DATES, PENALTIES AND RATES OF INTEREST WHICH APPLY AND DEFINING DELINQUENCY WITH RESPECT TO PAYMENT; PROVIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE TAX REMAINS UNPAID; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION THERETO. After some discussion Jim Wells moved approval of Ordinance No. 80-6 on second reading with the correction of "with on page two, and on page five the deletion of the last sentence in Section 9. Seconded by Dick Casserley. A roll call was taken with all Councilmembers voting yes. -2- *0 00 The Codification of the Ordinances were discussed. Mayor reported that there will be a Special Meeting Tuesday April 1, 1980 At 7:30 p.m. Steve Erickson reported on the Kiwanis Meeting last week in Vail. They are interested in planning future programs for the youth and would like to use some of the facilities. The Mayor reported on the census and arrange for some of the citizens to help on the census. After some discussion Steve Erickson moved approval to authorize the Mayor go ahead:'and do whatever is required for the census being taken within the Town limits. Seconded by Dick Casserley and was unanimously carried. There being no further business, Steve Erickson moved that the Council adjourn and Dick Casserley seconded the motion. The meeting was adjourned by Mayor Alpi at 11:30 p.m. Respectfully Submitted: Town Clerk -3- • RESOLUTION NO. 80-6 0 OF INDUCEMENT TO AUTHORIZE ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR CITY MARKET - AVON PROJECT WHEREAS, the Town of Avon, County of Eagle, State of Colorado (the "Issuer"), a body politic and corporate and a political subdivision of the State of Colorado, is authorized and empowered by the provisions of the County and Municipality Development Revenue Bond Act, Colorado Revised Statutes 1973 §29-3-101 et seq., as amended (the "Act"), to finance a project, as that term is defined in the Act, and to issue its industrial revenue bonds for the purpose of paying the cost of financing a project; and WHEREAS, City Market, Inc. has requested the Issuer to issue and sell its industrial revenue bonds pursuant to provisions of the Act for the purpose of financing the construction of a super-market facility constituting a project, as that term is defined by the Act (the "Project"), for City Market, Inc. or an entity to be organized by it (the "Corporation"), such project ~Lo be commenced during the year 1980; and WHEREAS, the Issuer wishes to declare its intention to authorize an issue of its industrial revenue bonds for the purpose of paying the costs of financing the Project, when so requested by the Corporation, upon such terms and conditions as may then be agreed upon by the Issuer and the Corporation; and WHEREAS, the Corporation has agreed to reimburse the Issuer for any expense incurred in connection with issuance of the bonds; NOW, THEREFORE, be it resolved by the Town Council of the Issuer that it does hereby declare its intention to authorize the issuance and sale of industrial revenue bonds of the Issuer under and in accordance with the Act, in an amount necessary to pay the cost of the Project, and conditions as may be mutually agreed upon by the Issuer and the Corporation, the issuance and sale of such bonds to be held for such purpose. Such bonds and the interest coupons, if any, appurtenant thereto shall never consti- tute the debt or indebtedness of the Issuer within the meaning of any provision or limitation of the Colorado constitution or statutes, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing power. ~L✓ , day of PASSED AND APPROVED this,2,J 1980. TOWN OF AVON COUNTY OF EAGLE, STATE OF COLORADO Mayor ATTEST: Town Clerk