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TC Minutes 12-08-19870 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD DECEMBER 8, 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 8:44 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRorv, 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, Plannina Consultant Jim Lamont, Director of Public Safety Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Elaine Ja(?uith, resident of Avon, approached the Council. She stated that she was concerned by the action that has been taken by the Town of Avon in respect to the exermination of pigeons in the area. She then presented the Council with a petition that residents had sinned that were in opposition of the extermination of those birds. She was requesting that an ordinance be adopted prohibiting the extermination of friendly wildlife within the community, specifically, birds, squirrels and rabbits. She stated that the residents welcome the wildlife into the neighborhood. After discussion, Councilman Connell suagested that this matter be taken up in a work session in more detail. The Mayor and Council agreed, and stated that this matter would be taken under consideration. Joe Fleninq with Ringland, Johnson and Crowley stated that the Wal- Mart buildinc_ was closed in at Thanksgivina, and that they were on schedule for completion by April. There being no further Citizen Input, the Mayor closed the discussion. 9 Second 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 TOIN OF AVON. Norm Wood stated that this ordinance would allow a transfer of one development right from a lot in Wildridge to an neighboring lot. One lot was zoned duplex, and the other was zoned sinale-family. He stated that at the conclusion of the Planning and zoning's public hearing, they recommended approval of Ordinance No. 87-26. Councilman Miller moved approval of Ordinance No. 87-26, Series of 1987 on second readina_. The motion was seconded by Councilwoman McRory. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the 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. Second 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 MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $25,000,000; 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; APPOINTING A PROGRAM REPRESENTATIVE; AUTHORIZING ACTION REQUIRED TO EFFECTUATE THE EXECUTION, DELIVERY, ISSUANCE AND SALE OF SAID BONDS; RETIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Blake Lynch reviewed the program with the Council, and the efforts that were nut into the proaram in putting the financing together. He stated that there had been considerable progress within the last two weeks. Gary Crabtree, Senior Vice President with George K. Baum and Company, approached the Council. He stated that the program had the potential for being a great help throughout the State of Colorado, in the sense that it would facilitate an availability program for counties, cities and towns, special districts and school districts. He stated that it would aid to establish a cost ceiling throughout the state for communities, who Qualify for the program.. He stated that the program was designed in a way that it would be a broad base program, and should be able to qualify 85% to 900 of the political subdivision within the state. He stated that it would not only benefit Avon, But would benefit people throughout the state as well. -2- Mr. James discussed a few items, regarding the bond issue, that were of concern. 1. He stated that the surveys were reviewed, which reveled a need for this type of program. 2. Sherman and Howard, Avon's Bond Counsel, was given an appropriate Indemenification by George K. Baum, and a Hold. Harmless Document by the Institutional Investor. De Wisor, Attorney for Bond Counsel, recommended that the Town ao forward with the program. He felt that with the above items; the Indemenification and the Hold Harmless Document; that the Town would be adequately protected. Mr. Dunn reviewed the Draft #4 of the revised ordinance, and the proceedings with the Council. The amount of the bonds had been inserted in the amount of $25,000,000. Mr. Dunn stated that a motion would be in order to amend Ordinance No. 87-27 to read as set forth in Draft No.#4 of the ordinance. Councilman Miller so moved. The motion was seconded by Councilwoman Harrison. Mr. James suaaested that the Institutional Investor should be reveled. Mr. Crabtree stated that the Investor was Chrysler Capital Corporation. He explained the structure of the program. In inumeration figure to the Town was $40,000 up front, and up to $25,000 over a two year period. The Mayor entertained a vote on the amendment. The motion was unanimously carried. The Mayor called for a motion on the ordinance as amended. Councilman Miller so moved. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing, to be heard, the Mayor closed the public hearing. Those Councilmembers voting ave were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no fray votes. The motion was unanimously carried. Councilman Connell moved approval to authorize the execution of the Bond Purchase Agreement upon approval of the component documents by Sherman and Howard and the Town Attornev. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 87-26, Series of 1987, A RESOLUTION TO AMEND THE 1987 TOWN OF AVON BUDGET. Councilwoman Harrison moved approval of Resolution No. 87-26, Series of 1987. The motion was seconded by Councilman Watkins and was unanimously carried. -3- Resolution No. 87-27, Series of 1987, A RESOLUTION TO ADOPT THE 1988 TOWN OF AVON BUDGET. Councilman Watkins moved approval of Resolution No. 87-27, Series of 1987. The motion was seconded by Councilwoman McRory and was unanimously carried. Resolution No. 87-28, Series of 1987, A RESOLUTION TO CANCEL THE DECEMBER 22, 1987 AVON TO11N COUNCIL MEETING. Councilwoman Harrison moved approval of Resolution No. 87-28, Series of 1987. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller noted that this cancellation of the meeting was also for the convenience of the staff, as well as, the Council, and that if an important matter should arise, the Council, in association with the staff., would not be beyond the reach to schedule a meeting accordingly. The Town Attorney report was next presented to the Council. Mr. Dunn undated the Council on the Christie Lodge Litigation in respect to unpaid taxes. He stated that there was a complaint filed against the on-site managment, charging failure to admit accommodation taxes, failure to admit sales taxes, failure to file any returns to admit tikN-share tax. He stated that immediately after they had received the complaint, the sales taxes and accommodation taxes were paid. He stated that last week all returns were filed for all the months since the last return which was in June of 1987. He stated that Christie Lodc_re was now current with the returns on the used tax, however, they did not remit the tax itself. Mr. Dunn reviewed the litigation with U S Home and First Resorts. Mr. Dunn stated that in regard to the Perea_rine Litigation, the Decree was overdue. Mr. James updated the Council on the TV Translators. He stated that he needed some direction from the Council. He stated that it appeared that the Town had three licenses, a probability of four licenses, and a remote chance of a fifth license. He stated that the Eagle County Commissioners were approached, and were offered a proposal for funding from a basis of $85,000 for over a three year period to help pay for the capital cost. He stated that, as far as he knew, they did not aet the funding_ into the county budget. The Commissioners sugaested. that Avon go to a Special District for this area. He stated that there was a high level of interest, such as, Vail Associates, Town of Redcliff, and surrounding districts. He stated that if Avon was to remain the lead agency, then there was a lot of work -4- 0 0 which included contacting businesses, firms, and to try to raise some up front money. Councilman Davis suggested that a Special meeting be scheduled the first of the year and to come up with a plan of action, and to try to put a handle on this matter. The Council agreed. Mr. James stated that he had made a payment on the Shopping Center. He stated that they have installed the asphalt, and they were ahead of schedule on the building in accordance with the Agreement that the Town has with Palmer Development Company. Mr. James requested that Steve Miller be appointed to serve on the Chamber Board of Directors. He requested that Councilman Miller take his place on that Board since he does not have the time. Councilman Davis so moved. The motion was seconded by Councilman Connell and was unanimously carried. Mr. James requssted authorization of the sale of the three small buses, and that the proceeds go to the Avon/Beaver Creek Resort Association, to help offset the cost of operating the buses for 1987/1988. Councilwoman Harrison so moved. The motion was seconded by Councilman Davis. The motion carried with Councilman Watkins opposing. Mr. James requested some direction on how to approach the district on fire protection. Mr. James suggested that the out-of-districts have until the end of 1938 to get into a position in a Special District, or form their own Special District, to where they would be paying for fire service. He stated that at the end of 1988, if they were not in the position of being in a district, then they would not receive the fire protection. They would not be billed for their appropriate share, but if there was a fire, they would be billed. After discussion, Councilman Davis moved that, as of December 31st, 1988, the out-of-district residents have to be in a Special District, or, forming a district, so as to pay their fair share for fire protection, and as of January 1, 1989, if they are not in some sort of District or Organization, they will not receive fire protection or Emergency Medical Service. The motion was seconded by Councilman Connell and was unanimously carried. -5-- 0 0 Furthermore, Councilman Davis moved that those residents who want to pay their fair share for fire service and emergency medical service, based on the formula that the Town has arrived at, the Town would respond to the fire calls, but if they do not pay, and the Town responds to the fire calls, those residents will be billed, by the Town, for the cost of the fire. The motion was seconded by Councilman Watkins and was unanimously carried. Mr. James suggested that the Mayor draft a resolution in appreciation, and thanking Dean Knox and the other people that were involved in p.lacina the new sculpture in Avon, "The Brown Bear", and in appreciation for other sculptures that they may be placing in the Town. Also to thank the State of Alaska, and the city of Juneau. The Council agreed. Mr. James stated that the Colorado Association of Ski Towns(CAST) dues would be discussed at the January 12, 1988 Council Meeting. The Financial matters were next presented to the Council. Councilman Watkins moved to receive items #1 through #9. The motion was seconded by Councilman Miller and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for December 8, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. Councilwoman Harrison moved approval of Reconciliation Sheet of Accounts Payable for December 8,'1987. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the November 24, 1987 Council Meeting was next presented to the Council. Councilman Miller moved approval of the November 24, 1987 council meeting as presented. The motion was seconded by Councilman Connell and was unanimously carried. -6- The Town Manager discussed the proposed employee Christmas Party. It was suggested that the Town approach the party in a different atmosphere this year, rather than the Town Hall. Council agreed. Councilman Davis moved to reappoint Councilman Watkins as the Town's representative to the Northwest Colorado Council of Governments for 1988. The motion was seconded by Councilman Miller and was unanimously carried. There beina no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilwoman Harrison. The meeting was adjourned by Mayor Nottingham at 10:10 p.m. -7- ~ r b 5 -q