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TC Minutes 11-24-1987• 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD NOVEMBER 24, 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 7:51 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Planning Consultant Jim Lamont, Director of Public Safety Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Norm Wood reported on the Community Shopping Center. He stated that the contractor now has the permanent roof on the building, and should have it completed by tomorrow. There being no further Citizen Input, the Mayor closed the discussion. Second reading of Ordinance No. 87-24, Series of 1987, AN ORDINANCE AMENDING SECTION 3.08.120 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO DELETE PROVISIONS FOR A VENDOR'S FEE. This was a public hearing. The Town Manager stated that during the budget process, he had made a proposal to the Town Council to consider eliminating the Vendor's Fee that the Town allowed to the businesses to be deducted on the sales tax form as part compensation back to the local business people who collect the Town's sales tax. He stated that at those budget discussions, he suggested that the Town Council may want to apply the Vendor's Fees toward marketing efforts, or make a contribution to the Chamber. Councilman Davis stated that he would want those funds designated, and if they were not designated, then he preferred that it be left alone. Councilman Miller moved approval of Ordinance No. 87-24, Series of 1987 on second reading. The motion was seconded by Councilman Connell. The Mayor opened the meeting for public hearing. Steve Beery, owner of Spanky's Tavern, approached the Council. He felt that it was just another way to keep businesses out of Avon. He stated that it was cheaper to open a business in Eagle-Vail. 0 0 David Macllvain, Manager of the Hole in~the Wall Restaurant, approached the Council. He opposed what the Town Council was proposing. He stated that just a few businesses were affected by this proposal, such as, restaurants, bats, liquor stores and clothing stores. Mr. MacIlvain stated that he opposed the monies being earmarked to the Avon/Beaver Creek Resort Association because these businesses were already supporting that Association. He stated that the Vendor's fees allow these businesses to re-coop some monies for collecting the taxes for the Town. He stated that it was not a great deal of money, but it did help offset the accounting fees. Pat Cuny, part owner of Beaver Liquors, Inc. and part owner of Lips Too, approached the Council. She stated that she also was opposed to the passing of the ordinance. She stated that she already gives $300 to the Resort Association. She stated that she does not benefit when Special Events are scheduled in the park. Mr. MacIlvain stated that he resents it when it benefits people outside of Avon. The Town Manager felt that the Council, or the business people of Avon, could find a way to utilize those funds($17,000)to increase more business in Avon. Discussion followed. Councilman Watkins stated that the Town was in a tight budget year. He stated that the Council has had to look at all types of expenses, income items, and has had to make adjustments. He stated that he understood, that taking away the Vendor's Fee would take some money away from some small businesses, but it would also bring some substantial dollars into the Town of Avon. Everybody has been affected by the tight budget. There being no further discussion, the Mayor called for a roll call. Those Councilmembers voting aye were: Jerry Davis, Emilie Harrison, Steve Miller, Clint Watkins and Al Connell. Those Councilmembers voting nay were Gloria McRory. The motion carried by a 5 to 1 vote. Ordinance No. 87-25, Series of 1987, AN ORDINANCE REPEALING CHAPTER 3.24 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE CAPITAL IMPROVEMENT FEE This was a public hearing. The Town Manager stated that this was another item that was reviewed at the budget process. He stated that about two or three years ago, the Town borrowed from, Avon Metropolitan District to help with the town's financial situation. He stated that the town took $500 of each tap fee of their Capital Improvement Fee, and designated it toward the Town of Avon. It was understood that if Avon Metro District needed the Capital Improvement Fee returned, then the Town would consider giving it back to the Avon Metropolitan District to help finance the improvements that they may need. -2- • In order for developer relations, and to help Avon Metropolitan District with their finance improvements, Mr. ,Tames recommended eliminating the tap fee as a source of revenue for the Town. Councilman Watkins moved approval of Ordinance No. 87-25, Series of 1987 on second reading. The motion was seconded by Councilman Miller. The Mayor opened the meeting for public hearing. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 87-26, Series of 1987, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCE ESTABLISHING WILDRIDGE SUBDIVISION AS A SPECIALLY PLANNED AREA OF THE TOWN OF AVON Norm Wood stated that Wildridge Development Company had requested approval to transfer one development right from Lot 59, Block 3 Wildridge to Lot 60, Block 3, Wildridge. He stated that Lot 59 was currently zoned duplex and Lot 60 was zoned single-family. He stated that this proposed transfer would reverse the densities on these two adjacent lots. This modificiation must be approved by an ordinance amending the approved SPA Plan. He stated that the Planning and Zoning Commission had held a public hearing. At the conclusion of the hearing, the Planning and Zoning Commission recommended Town Council approval for the transfer of the one development right from Lot 59, Block 3, Wildridge to Lot 60, Block 3, Wildridge. Councilwoman McRory moved approval of Ordinance No. 87-26, Series of 1987 on first reading. The motion was seconded by Councilman Connell. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 87-27, Series of 1987, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON'S COLORADO PUBLIC LEASING PROGRAM REVENUE BONDS SERIES 1987, IN THE AGGREGATE PRINCIPAL AMOUNT OF $ ,000,000; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, AND THE EXECUTION AND DELIVERY OF MUNICIPAL LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS PERTAINING THERETO; APPOINTING A TRUSTEE AND BOND REGISTRAR; AUTHORIZING ACTION REQUIRED TO EFFECTUATE THE EXECUTION, DELIVERY, ISSUANCE AND SALE OF SAID BONDS; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. -3- • E The Town Manager stated that the Town of Avon had been approached by Mr. Blake Lynch, and George K. Baum & Associates(Underwriter Firm from Denver, Colorado)to look at the Town of Avon as possibly sponsoring a Public Leasing Program through a Revenue Bond Issue. This would be available by the Town to issue bonds. It has not been established in terms of the exact dollar amount, but could possibly be up to twenty five million dollars. This program would provide a leasing program to school districts, special districts, municipalities, and counties. Mr. Blake Lynch approached the Council. He explained the program in more detail. The Town would be the conduit for the financing. He stated that they selected Avon because Avon's Charter was one of the few in the State of Colorado that would allow this type of financing. He stated that to allow the Town of sponsor the program, would provide a fee to the Town. Mr. Lynch stated that Avon would receive $40,000 up front fee, and then an additional $25,000. The total amount would be 1/4% of the projected twenty five million dollars. Mr. James stated that he wanted Council's blessing to proceed, secondly, to have De Wiser(Bond Counsel)review the documents to make sure that there would be no exposure to the Town, and thirdly, to know the investor, that he wanted to encourage the Council to have the closing in Avon, so there was an opportunity to show the investor Avon. He stated possibly offer them ski tickets, room and board, etc. and that way the Town could possibly develop a long term relationship with them. Councilman Davis stated that he had concern with the possible exposure to this type of program. Lawrence Smith with George K. Baum & Associates, approached the Council. He stated that if there was no demand for these bonds, the Town would not be obligated to pay. The leases would run from 18 months to 5 years. The Town would not be involved in the administrative part of the program. Stan Bernstein stated that the risks were two: financial and administrative, but felt they were both minimal. The Town Attorney stated that he had reviewed the documents and he felt satisfied with what was before the Council. Councilwoman Harrison moved approval of Ordinance No. 87-27, Series of 1987 on first reading. The motion was seconded by Councilman Watkins. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. -4- • 0 Mr. Dunn stated that.there was a excellent chance that the Peregrine Foreclosure would be Entered. There would be a thirty day Stay to allow for objections. At the end of the thirty days, the Town could proceed with the Sale. A complaint had been filed in District Court to enforce the Town's ordinances in respect to the collection of amenities tax, and to recover from the U S. Home Corporation, damages that the Town had been subjected too, as a result of the Subdivision Improvement Agreement. The Town Council discussed the letter dated November 17, 1988 from Ken Kramer. Councilman Miller stated that he had concerns in respect to the Public Safety, and the letters dated September 1, October 1, and one letter that was undated, that related to acknowlegment of proposed district property holders and the concern for the possible inability of not responding to requests. He stated that he did not think the letter was to be sent out to these people until the possible need for discussion of the Town's obligations regarding the inability to respond out of district. He stated that if the Council was going to take the stance, then this matter should be brought before Council to be discussed. He stated that the out of district property owners are concerned. They were being charged, and if they do not pay, they were concerned that the responding service would stop at a property line or district boundary. After further discussion, this matter would be discussed at the next scheduled Council Meeting. The revised Personnel Policies and Procedures Planual was discussed. It was agreed that when future revisions were made to the manual, that the Town Manager present those revisions to the Council, if there were concerns, those concerns would be discussed. It was agreed that Council would receive the revisions. After discussion, Councilman Miller moved to receive the revised Personnel Policies and Procedures Manual. The motion was seconded by Councilman Connell and was unanimously carried. The Bus Agreement between the Town of Avon and the Avon/Beaver Creek Resort Association was next presented to the Council. Larry Brooks drafted the Agreement. The Town Attorney reviewed the document and stated that there were a few changes. -5- After the Town Attorney reviewed the changes with the Council, Councilman Watkins moved to direct the Mayor to sign the Agreement subject to the appropriate changes. The motion was seconded by Councilman Connell and was unanimously carried. The Financial Matters were next presented to the Council. Councilman Watkins moved approval of the General Fund of Accounts Payable for November 24, 1987. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Watkins moved approval of the Reconciliation Sheet-,of Accounts Payable for November 24, 1987. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Miller moved approval of the November 10, 1987 Council meeting minutes as presented. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Town Manager stated that he had to recertify the Mill Levy once again. The assessed valuation had been revised to $54,848,250. The Debt Service was revised to 5.287 mills, the General Operating Expenses revised to 6.464 mills. The total Mill Levy now being 11.751 mills. Councilman Connell moved to direct the Town Manager to revise the figures as they were received from the Assessors Office. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Town Manager discussed the proposed Lift and how it should be addressed. Mr. James suggested that the Council keep separate folders for each project(Lift and the Airport). Mr. James recommended that if Council could if at all possible, attend the session on Annexations, which was being held in Colorado Springs. He stated that it would be a good session for all the Councilmembers to attend. -6- L] • The Council directed staff to draft a Resolution in respect to canceling the December 22, 1987 Council Meeting, and to present the resolution at the next Council Meeting. There being no further business to come before the Council, Councilman Connell moved to adjourn the meeting and to retire into executive session. The motion was seconded by Councilman Davis. The meeting was adjourned into executive session by Mayor Nottingham at 10:02 p.m. RESPECTFULLY SUBMITTED APPROVED: -7- Patricia J. DoyX6, T6,Wn Clerk