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TC Minutes 02-14-1989n U f~ LJ MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD FEBRUARY 14, 1989 - 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 7:48 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory and Jim Stovall present. Councilman Jerry Davis was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Fire Chief Wayne Smith, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. Toni Berns with Food Resource Center approached the Council. Ms. Berns stated that Food Resource Center distributes food to certified agents. They work with Community Help Line in Denver, and also with Volunteers of America. She stated that there were sixty five needy families in the County. She wanted Council to be aware of the program, and the needs of the organization. She stated that she transports food to Denver from the local hotels and restaurants, to the shelters in Denver. She was requesting help from the Town of Avon by way of donations, word awarness, and cooperation. She stated that this was the first time that this program has been done in a resort area and has the potential to expand. She was in need of a mini van, and some containers with liners. She stated that she travels to Denver once a week, and also works with Senior Citizens in Eagle. She stated that this program was a non-profit and tax deductible organization and everything is volunteer work. The Mayor thanked Ms. Berns for her presentation and stated it was admirable work that she was undertaking. He stated that Council would take her request into consideration. There being no further Citizen Input, the Mayor closed that portion of the meeting. First reading of ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF TIME-SHARE UNITS. Mr. Dunn reviewed Ordinance No. 89-2 with the Council. 0 i He stated that these ordinances stem from a work session of the Town Council from a week ago at which time Council determined to proceed rather than by Agreement with the time-share projects by enactment of certain ordinances. The three ordinances that were before the Council were: 1. 89-2 repeals and reenacts with amendment of ordinance 88-14 which was adopted at the end of December, 1988. He stated that ordinance 89-2 contained some clarification of ordinance 88-14 which deletes the credit from sales and accommodations taxes, it reduces the amount of the tax from $10.00 per night to $5.00 per night. It focuses the impact of the tax on only those units that the time-share projects were not subject to either a sales or accommodations tax. 2. 89-3 amends the Town's sales tax to make the sales to clarify that in the opinion of the Council, the Town's sales tax is applicable to the exchange use of time-share. 3. 89-4 clarifies the Town's accommodations tax that the tax was applicable to the exchange of the time-share units. The revised ordinances were presented to the Council with the revisions proposed by Susan Griffiths acting as Special Counsel on this matter. He stated that in ordinance No. 89-3 and 89-4, that "heretofore" be retained in the ordinances. Councilwoman Harrison moved approval of Ordinance No. 89-2, Series of 1989 on first reading. The motion was seconded by Councilman Stovall. Councilwoman Harrison moved to amend Ordinance No. 89-2, Series of 1989, AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 88-14 RELATING TO AN EXCISE TAX ON THE OCCUPANCY OF TIME-SHARE UNITS, and to include the wording by Susan Griffiths acting as Special Counsel. The motion was seconded by Councilman Stovall and was unanimously carried. There being no further discussion the Mayor entertained a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 89-3, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS. Councilwoman Harrison moved approval of Ordinance No. 89-3, Series of 1989 on first reading. The motion was seconded by Councilman Stovall. Councilwoman Harrison moved to amend Ordinance No. 89-3, Series of 1989 to accept changes recommended by Special Counsel with the exception of striking "heretofore" on page 2, Section 3, third line. The motion was seconded by Councilman Reynolds and was unanimously carried. There being no further discussion the Mayor entertained a roll call. -2- • • Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. 89-4, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS. Councilwoman McRory moved approval of Ordinance No. 89-4, Series of 1989 on first reading. The motion was seconded by Councilwoman Harrison. Councilman Stovall moved to amend Ordinance No. 89-4, Series of 1989 to accept changes recommended by Special Counsel with the exception of striking "heretofore" on page 2, Section 4, third line. The motion was seconded by Councilman Reynolds and was unanimously carried. There being no further discussion the Mayor entertained a roll call. Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory and Jim Stovall. There were no nay votes. The motion was unanimously carried. Resolution No. 89-2, Series of 1989, A RESOLUTION APPOINTING CHARLETTE PASCUZZI AS DEPUTY COURT CLERK. Councilwoman McRory moved approval of Resolution No. 89-2, Series of 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Resolution No. 89-3, Series of 1989, A RESOLUTION AMENDING THE 1988 TOWN OF AVON BUDGET. This was for the Public Works Fund to provide an additional $6,000 for construction of the softball field. The total budget for the softball field in 1988 and 1989 is $84,000($69,000 in 1988 and $15,000 in 1989). The work completed in 1988 cost was $75,000 not the estimated $69,000. Councilwoman McRory moved approval of Resolution No. 89-3, Series of 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Resolution No. 89-4, Series of 1989, A RESOLUTION AMENDING THE 1989 TOWN OF AVON BUDGET. -3- 0 This again was for the construction of the softball field. Councilwoman McRory moved approval of Resolution No. 89-4, Series of 1989. The motion was seconded by Councilman Stovall and was unanimously carried. The Town Attorney report was next presented to the Council. Mr. Dunn reported on the Avon Mall Out-Lot. He stated that the Tax Sale was redeemed on the Out-Lot. He stated that the check that was delivered to the Treasurer's Office proved to be in error because the Statement of Taxes due by the Treasurer was in error, and therefore they refused the check. He stated instead of paying the back taxes now, he was would be dealing with the issue of getting the property transferred to the Town and taking the position with the developer of the property that the taxes should be paid. He had received a report from the Title Company in respect to the Title. He stated that the next step would be to prepare a Deed and correspond with the developer and ask that the Deed be executed and the taxes be paid. Mr. Dunn would report on this matter at the next Council Meeting. Mr. Dunn reported on the Christie Lodge Litigation. The Council would find a bill in the Accounts Payable from the Court Reporter in the amount of approximately $500 for the transcript as part of the record. Mr. Dunn stated that when the check was processed, it would be taken to Eagle so that the transcript could be picked up. He would then review the transcript and then it would be transmitted to the Clerk and Recorder of the Court of Appeals. The opening Brief would be due 45 days following the lodging of the record to the Court of Appeals. Mr. Dunn requested that Council authorize him to engage Susan Griffiths as Special Counsel to review the Brief in draft form and comment on it and also, that she appear as Co-Counsel on the Brief. Councilman Stovall moved to engage Susan Griffiths as Special Counsel. The motion was seconded by Councilwoman Harrison and was unanimously carried. Mr. Dunn reported on the Bain Case. He reviewed the history of the Case with the Council. He stated that the defendant was being defended by Counsel retained by CIRSA. The expectation was that the restrictions of the Governmental Immunity Act apply, and the Claim would be dismissed on the basis of the Governmental Immunity Act. He stated if that does not occur, then the limits of the Governmental Immunity Act would apply. He stated that when the Case was filed Mr. Dunn did associate himself as Co-Counsel along with CIRSA. Mr. Dunn was requesting authorization from the Council to become more actively involved in defending this Case on behalf of the Town along with the attorney for CIRSA. Councilman Stovall moved that the Town actively take part in the Litigation. Councilman Reynolds and was unanimously Attorney be authorized to more The motion was seconded by carried. -4- 0 Mr. James requested that a separate budget be established in regard to Litigation time spent on the Case. He stated that he would have a resolution prepared for the next Council Meeting. Council agreed. Next on the agenda was discussion of Nuclear Free Zone Signs in Avon. It was requested at the last meeting that this issue be placed back on the agenda for further discussion. Councilwoman Harrison stated that the problem needed to be solved. She did not want the Town of Avon to be part of the problem, but instead, be part of the solution. She stated that the Council should be educated on the problem. Councilman Bennett had concern of whether or not the Town should have an ordinance in place that would be impossible to enforce. He suggested possibly adopt a resolution expressing the concern of the Town. Councilman Stovall suggested a joint effort with other municipalities and address the Congressmen and the Senators on this issue. Mr. Dunn stated that the Town does have the authority to impose local police power regulations on the railroad. The difficulty was more of a practical one, "how do you stop a moving train?" Councilman Stovall suggested that Beth Mausolf contact him and he would offer some of his time to help coordinate some type of effort on this issue. He felt it was important not to let this issue die. Mr. James discussed the School Site of Tract P. He reviewed the history of the Tract P with the Council. He still felt it was a good site for a elementary school. He stated that it appeared that the School District was trying to indicate that the Avon School Site was not a good location for a school. The Mayor indicated that the concern,-:was:,1.e-ad) .by, a .group,-cif-,-pro.-pne high school in the valley. He felt that the group had not received the right facts. He felt that the Council should maintain their effort to see that a school is put on that Tract. Mr. James suggested that Council consider adopting a resolution affirming the Council's position that they were in favor of a elementary school on Tract P. The Council agreed. -5- • Next on the agenda was discussion on the letter from Pitkin County in respect to the concern of the problems of Global Warming and the Greenhouse Effect. After some discussion, Councilman Stovall moved to table this matter until the next regular meeting so Council could discuss this further. The motion was seconded by Councilwoman McRory and was unanimously carried. Mr. James reported on the Vail Valley-Wide Marketing Committee. He stated that Councilman Reynolds would be unable to attend the morning Committee Meetings, and therefore suggested that Council leave that vacancy open and to consider appointing someone from the private sector as well as a Councilmember to represent the Town of Avon on the Vail Marketing Committee. This would take place at the 28th Council Meeting. The Council agreed. It was stated that Councilman Reynolds would participate on the Local Marketing Committee. The approval of a contract with Ross Consulting Group for a program for the possible-expansion of City Market and Wal-Mart was discussed. Arnie Ray had presented two proposals to the Council: 1. Was a flat fee where a maximum fee up would be paid; 2. Was on a performance basis based upon After some discussion, Councilman Bennett the performance fees on issuance of the b construction begins; and the balance upon Certificate of Occupancy. The motion was Harrison and was unanimously carried. to approximately $25,000 square footage. ' moved that 25% be paid of uilding permit; 25% when the issuance of the Temporary seconded by Councilwoman Councilwoman Harrison moved approval of the expenditure of $5,500 for a conference table and chairs, and also for the purchase of a sliding door, which would be installed in place of the Town of Avon's Model at the west end of the Chambers. The motion was seconded by Councilman Reynolds and was unanimously carried. The Mayor commented and reviewed the 1989 World Championships with the Council. -6- 0 The Financial Matters were next presented to the Council. Councilwoman Harrison moved to receive items #1 through #9. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for February 14, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for February 14, 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Councilman Stovall moved approval of the January 24th, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. Resolution No. 89-5, Series of 1989, A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENT TO ITS ENDENTURE OF TRUST REGARDING ITS COLORADO PUBLIC LEASING PROGRAM REVENUE BONDS, SERIES 1987, TO ADD REAL PROPERTY AND IMPROVEMENTS THEREON TO THE TYPE OF PROPERTY WHICH MAY BE LEASED THEREUNDER AND TO MODIFY THE MANNER IN WHICH THE INTEREST RATE TO BE APPLIED TO LEASES IS TO BE DETERMINED, AND AUTHORIZING THE EXECUTION AND DELIVERY OF MUNICIPAL REAL PROPERTY LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS PERTAINING THERETO; RATIFYING AND REAFFIRMING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. Councilman Stovall moved to table this resolution 28th Council Meeting. The motion was seconded by and was unanimously carried. Mr. James stated that at the next meeting he woul information of the purchase of a Dump Truck which 1989 budget. The cost being $75,000. This large approximately six months before delivery. until the February Councilman Reynolds 3 bring to Council, was authorized in the item would take Mr. James stated that there would be a Forest Service Meeting on February 21, 1989 in Glenwood Springs. Town representatives would be discussing the Forest Service Land in Wildridge. The land that the Town would like to use for a public works site would be located on Metcalf Road. They would be discussing a couple of options, one, was to purchase the land rather than approach it by Special Use Permit. -7- E r-7 There was a work session scheduled for February 21, 1989 at 5:00 p.m. for discussion of the Master Plan. Councilwoman McRory moved approval of the expenditure of $500 for the Food Resource Center/Toni Berns. The motion was seconded by Councilman Reynolds and was unanimously carried. There being no further business to come before the Council, Councilman Stovall moved to adjourn. The motion was seconded by Councilman Reynolds. The meeting was adjourned by Mayor Nottingham at 9:17 p.m. ULLY SUBMITTED: tricia J.' Wyle, Town/ Clerk -8- APPROVED: