TC Minutes 07-14-1987• 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD JULY 14, 1987 - 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 7:30 p.m.
A roll call was taken with Emilie Harrison, Clint Watkins, Gloria
McRory, Al Connell and Jerry Davis present. Councilman Steve Miller
was absent. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Public Works/Parks and Recreation Larry
Brooks, Director of Engineering/Community Development Norm Wood,
Planning Consultant Jim Lamont, Police Chief Joe Olson, as well as,
members of the press and public.
The Mayor called for Citizen Input.
Robert Brownlee, a property owner and resident of Avon, approached the
Council. Mr. Brownlee discussed the bus system. He felt that Avon
and the valley needed to provide bus service for the locals and
guests of the area. Mr. Brownlee suggested putting some of the DUI
monies that was collected, into public transportation. He stated that
the large buses could be run in the early morning hours, and in the
late evening hours, and that small vans or smaller buses could be run
and would make the entire system much more efficient.
Mr. Brownlee suggested that the Town try for grant monies as Vail
has done. Mr. James stated that our municipality could not apply
for grant money, because Avon does not have year around bus service.
The Mayor stated that Avon was working along those lines to provide
the best bus service they could. He also stated that he appreciated
Mr. Brownlee's comments. The Town Manager stated that there was one
option, and that was, to approach the Town of Vail, since they have
the grant money, to see if Avon could cooperate with them to have
year around transportation service. The Mayor stated that the Town
needed to pursue funding from the County on a continued basis.
The Mayor thanked Mr. Brownlee for coming.
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Second reading of Ordinance No. 87-14, Series of 1987, AN ORDINANCE
AMENDING CHAPTER 9.16.060 OF THE TOWN OF AVON MUNICIPAL CODE AS IT
RELATES TO CANNABIS, POSSESSION OF CANNABIS, PUBLIC DISPLAY OR
CONSUMPTION OF CANNABIS AND PROVIDING PENALTIES FOR POSSESSION THEREOF.
Councilman Connell requested that the Town Attorney research the State
Statue, because he was under the impression that this ordinance
should bring this in compliance.
Mr. Olson stated that the attorneys did draft the ordinance by state
law. Councilman Watkins stated that the amendment that was suggested
at the last meeting, was not made.
Section 9.16.100 should read the same as Section 9.16.080.
"Any person who possesses not more than one ounce of cannabis shall
be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than one hundred dollars."
Councilwoman Harrison moved approval of Ordinance No. 87-14, Series
of 1987 on second reading.
The motion was seconded by Councilman Davis.
Councilman Watkins moved to amend the ordinance.
That in Section 9.16.100, 6th line, after the word, "dollars", delete
the rest of the sentence. The motion was seconded by Councilman
Connell and was carried with Councilwoman Harrison opposing.
Further discussion followed.
Councilman Watkins was concerned with the definition of "Cannabis".
He asked if it, had any latitude under the definition, as far as,
the Town's ordinance and the State Statute. The Town Attorney stated
that it did. He also stated it was probably more comfortable for
Judge Allen, and the attorneys who prosecute these matters.
Councilman Watkins stated that he disagreed with the definition, and
the wording of "seeds and stems".
Councilman Watkins moved to amend the paragraph of the definition of
"cannabis". In the 3rd line of Section 9.16.060, after the word,
"not", delete, "the seed thereof", 6th line, after the word, "plant",
delete, "its seeds", 7th line, after the word "the", delete, "mature",
10th line, after the word, "its", delete "mature", 13th line, after
the word, "the", delete, "sterilized", and after the word, "plant", delete
the words, "which is incapable of germination". The motion was
seconded by Councilman Connell.
Councilman Davis had a concern with this amendment. The Mayor called for
a vote on the amendment. Councilmembers in favor of the amendment were,
Clint Watkins, Al Connell and Gloria McRory. Those opposing the amendment
were Councilmembers Harrison and Davis.
The motion carried for the amendment by a 3 to 2 vote.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor called for a roll call on the main motion. Those Councilmembers
voting aye were Clint Watkins, Al Connell and Gloria McRory. Those
Councilmembers voting nay were Emilie Harrison and Jerry Davis.
The motion carried by a 3 to 2 vote.
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Second reading of Ordinance NO. 87-12, Series of 1987, AN ORDINANCE
CONCERNED WITH DEFINING THE TERM "MOTOR FUEL DISPENSING", INCLUDING
THE USE OF PROPERTY FOR "MOTOR FUEL DISPENSING" IN THE SC ZONE DISTRICT
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
Norm Wood stated that this was an amendment to the Zoning Code which
defined, "Motor Fuel Dispensing". He stated that this would also
allow "Motor Fuel Dispensing" in the SC Zone District(shopping center
zone district) through a Special Review Use procedure.
Mr. Wood stated that at the conclusion of the public hearing by the
Planning and Zoning Commission on July 7, 1987, they recommended approval
of Ordinance No. 87-12 as outlined in the Planning and Zoning Commission's
Resolution No. 87-12.
David Lach, realtor of the area, approached the Council. He stated
that Lot 22, Block 2 of Benchmark Subdivision was the only other lot
that had that allowable use. The other lots had Deed restrictions on
them.
Councilwoman Harrison moved approval of Ordinance No. 87-12, Series of
1987 on second reading. The motion was seconded by Councilman Davis.
Councilman Watkins suggested that Council delete the ordinance and deal
with it when the Council reviews the revised zoning ordinance.
The Mayor stated that the purpose of the ordinance was for the new
station that was proposed for that site.
Councilman Davis stated that there have been three proposals for that
site, and agreed to approve the ordinance and deal with new zoning
laws as they come aboard.
The Mayor called for a roll call.
Those Councilmembers voting aye were Gloria McRory, Al Connell, Jerry
Davis and Emilie Harrison. Those Councilmembers voting nay were
Clint Watkins. The motion carried by a 4 to 1 vote.
First reading of Ordinance No. 87-16, Series of 1987, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO INCREASE THE AMOUNT
OF THE TIME-SHARE UNIT TRANSFER TAX.
Bill James stated that a couple of meetings ago, they had discussed various
alternate revenue sources for the Town. He stated that the Real
Estate Transfer Tax, the way the Town was currently headed, the Town has,
year to date, approximately $243,000 of a $200,000 budget, which meant
that there had been $2.4 million dollars in real estate transactions
at this time. He stated that they had looked at this matter sometime
ago, and have looked at a 2% Real Estate Transfer Tax on time-sharing
units for a number of reasons.
1. Was that a time-share unit was assessed for property tax purposes
on the basis as a residential unit, rather than on the actual sales
price of the unit.
2. At that time, he proposed increasing the tax to an additional 1%,
the time-sharing company that was running the Christie Lodge at that
time, objected to the increase, but did agree to a increase of 1/4% or,
1/2%.
He stated that in this particular case they were proposing to increase
the tax by bringing it up to 1% for the time-share units.
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Mr. James stated with gombining that with the 1% that was being proposed
for the Real Estate Transfer Tax, they were hoping it would generate
enough revenues to have the Town do some Capitol Improvements.
Mr. James was recommending that 1/2% be increased to 1% on the
time-share unit, and the 1% of the Real Eatate Transfer Tax be
increased to 2%.
Councilman Connell stated that it was suggested that local residents
who were purchasing a home for themselves could possibly be exempted
from the Town's Real Estate Transfer Tax.
The Town Attorney stated that it may violate the requirements of
uniformity, but would not advise until he could research this matter.
Councilman Davis stated that that was the reason for the additional
tax, so that the Town could allow for different amenities.
Councilman Watkins stated that looking at the two ordinances, the
situation on time-sharing on the property taxes, that were assessed
on single unit, does shorten the Town on the property, and stated that
he was not opposed to the 1/2%, but by doubling the transfer tax on
everything else, would have a bad effect on the real estate market,
and would be opposed to the increase on the Real Estate Tax.
The Mayor stated that the Town had to fill the gap somewhere, and this
would be a start, and that the Town would probably have to pass other
taxes to make the Town's visions work.
After discussion, Councilwoman McRory moved approval of Ordinance No.
87-16, Series of 1987 on first reading. The motion was seconded by
Councilwoman Harrison. Those Councilmembers voting aye were
Emilie Harrison, Gloria McRory, Al Connell and Jerry Davis. Those
Councilmembers voting nay were Clint Watkins. The motion carried by
a 4 to 1 vote.
First reading of Ordinance No. 87-17, Series of 1987, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO INCREASE THE AMOUNT
OF THE REAL ESTATE TRANSFER TAX.
The Mayor stated that this ordinance had been discussed at length, and
called for a roll call.
Councilwoman Harrison moved approval of Ordinance No. 87-17, Series of
1987, with the correction in 1. Amendment, "B", first line, after the
word "consideration", change "of" to "is". With that correction
Councilwoman McRory seconded the motion.
Those Councilmembers voting aye were Emilie Harrison, Gloria McRory, Al
Connell and Jerry Davis. Those Councilmembers voting nay were Clint
Watkins. The motion carried by a 4 to 1 vote.
David Lach, local realtor stated that a number of people were buying
property in Eagle-Vail, Edwards and Single tree because there were no
Real Estate Transfer Taxes in those areas. He stated that if the transfer
tax were to go from 1% to 20, there would be more and more people
investing in property elsewhere. He felt it would be a detriment to Avon.
Charles Gersbach, local realtor in the area stated that the Council would
be receiving input on this matter from the Brokerage Community, and
officially from the Board of Realtors.
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Resolution No. 87-15, Series of 1987, A RESOLUTION APPROVING FINAL
PLAT OF THE COMMUNITY SHOPPING CENTER, A RESUBDIVISION OF LOTS 23 AND
75, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, AMENDMENT NO. 6,
TOWN OF AVON.
Norm Wood stated that Palmer Szymanski Investments submitted a final
subdivision plat for the shopping center site. He stated that the
plat vacates the existing property line between lots 23 and 75 and then
it establishes another lot line between the newly created Tract A
and Tract B, which would make it compatable with the Development
Agreement for that site between the Developer and the Town of Avon.
Staff had reviewed the Plat and found it to be in general conformance
with the Town's subdivision regulations for a minor subdivision.
Mr. Wood recommended approval of Resolution No. 87-15, series of 1987,
subject to:
1. Receipt of letters from the appropriate utilities, including water
and sewer, approving of the utility easement vacation.
2. Review and approval of plat certificates and restrictive covenants
for conformance with Town regulations and related development
agreements by the Town.-Attorney.
Councilman Watkins moved approval of Resolution No. 87-15, Series of
1987. The motion was seconded by Councilwoman Harrison and was
unanimously carried.
The Town Attorney report was next presented to the Council.
Mr. Dunn stated that in respect to Peregrine, the Foreclosure was still
proceeding, and was still scheduled for August 10, 1987. Judge Hart
had ruled on a large number of motions, which have established the
priority of Mechanics Lien Claimants over the Deed of Trust of Magnet
Bank. He stated that the Town was in first position, Mechanics Lien
Claimants were in second position, and Magnet Bank was in third position.
He stated that in a related manner he had appeared before the Federal
Magistrate for a scheduling conference in the case filed by Magnet
Bank against PPL, in which the Town and Tyree Associates were brought
in as third parties.
The Magistrate agreed that until the law suit was completed in the County,
there was not much that could be done.
Mr. Dunn reviewed Senate Bill-45 with the Council. The SB-45 bill was
in regard to some substantial changes to the annexation statue, which
was signed by the Governor on May 28, 1987.
The Town Manager reported on the TV Translators. Mr. James stated that
after a meeting of the six special districts, it was agreed that they
establish a Task Force. A meeting was scheduled for August 1, 1987
to present a report, which would be presented by Cal Thomas regarding
the TV Translators, options that were available, how the system could
be structured, and funding alternatives, that the County being able
to fund the program. He stated that the Town had applied for the five
licenses. They have an agreement that the engineering would be done
for $1,200. Mr. James stated that this would be a gradual process.
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Larry Brooks reviewed the schedule and service for the Transportation
System, and how it would run for next season.
Mr. James explained the funding for the Transportation Service for Avon.
He stated that after the meeting with the lodging community, they
recommended that they go from 1.8% Accommodation Tax to a 4% Accommodation
Tax. Mr. James reviewed the funding of the service with the Council.
After discussion the Council agreed that a ordinance be drafted to
reflect the increase in the Accommodation Tax.
Also, the final Agreement on the Resort Express Transportation Service
would be presented at the next meeting.
The Town Manager reported on the Fire Department Program. Councilwoman
Harrison moved approval to proceed to draft a contract between all six
districts, based upon the Town of Avon being the Administrative
Organization that would provide Administration for the Fire Department,
which would be made up of ten firefighters, which would include a
chief's position, and that Avon would still make plans to go ahead with
the Public Safety Program, being able to cross-train town employees.
The contract with each district that the Council would be signing
calls for a budget that would be split; 25% by Avon Metropolitan
District, 25% by Eagle-Vail, 25% from Beaver Creek, and then 25% would be
split by the three remaining districts, which were, Edwards, Berry
Creek, and Arrowhead.
The motion was seconded by Councilman Davis and was unanimously carried.
Mr. James reported on the Strategic Planning. He presented the Council
with a seven project list and stated that he would be presenting to
them a planning document for them to review. The document would
consist of a priority project, how to proceed, what the estimated cost
would be to complete that project, how much up front money would be
.;needed for legal assistance, and operating costs of the project.
The Financial Matters were next presented to the Council.
Councilman Watkins moved approval of items #1 through #10. The motion
was seconded by Councilman Connell and was unanimously carried.
Councilwoman Harrison moved approval of.the General Fund_.of Accounts
Payable for July 14, 1987. The motion was seconded by Councilman
Connell and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for July 14, 1987. The motion was seconded by
Councilman Watkins and was unanimously carried.
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Mr. Jeffery Spanel of Inter Mountain Engineering approached the Council.
Mr. Spanel requested that an extension for filing the Plat for Eagle
Bend be approved.
After discussion Councilman Connell moved approval of the extension
of the filing of the Eagle Bend Plat for another thirty days. The
motion was seconded by Councilman Davis and was unanimously carried.
The minutes of the June 23, 1987 Council Meeting was next presented to
the Council. Councilwoman Harrison moved approval of the minutes of
the June 23rd meeting as presented. The motion was seconded by
Councilwoman McRory and was unanimously carried.
The Council discussed the tenth anniversary of the Town of Avon.
Councilman Connell moved to authorize Councilwoman as Committee
Chairman for the upcoming Event. The motion was seconded by Councilman
Davis and was carried with Councilwoman McRory abstaining.
There being no further business to come before the Council, Councilman
Davis moved to Adjourn. The motion was seconded by Councilwoman
Harrison. The meeting was adjourned by Mayor Nottingham at 9:22 p.m.
PECTFULLY S
\ At,- L' e'f 6 i,'7 ;
Pdtricia J. Dq
APPROVED:
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