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TC Minutes 04-11-1989i • MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD APRIL 11, 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 7:40 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, Emilie Harrison, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, 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. There being no one wishing to be heard, the Mayor closed that portion of the agenda. Second readings of ordinances No. 89-2,89-3 and 89-4, Series of 1989 were next presented to the Council. 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; 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; 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. These ordinances were before the Council for public hearing. These ordinances were tabled at the last Council Meeting. John Dunn stated that he had talked to Mike Clowdus. Mr. Dunn reviewed the changes that were made to the Agreements between the Town, Christie Lodge and Falcon Pointe. 1. Was to correct the collection provision Agreement. 2. Was to clarify the exchange use of the from sales tax only in the event that there the exchange. in the Falcon Pointe units that were exempt was no consideration for 3. Mr. Clowdus wanted to change the paragraph which had to deal with the timing of any notification by the Town, of Christie Lodge or Falcon Pointe in regard to taxes owing in a situation that any such notification would occur within thirty days after the due date of the return. • He stated with these changes, the Agreements appeared to be in final form. He would bring them back to the Council when they were in the position to collect some money up-front and, to have the Agreements executed so that they could then go to District Court for approval. He stated that they were waiting for the written consent from FSLIC. Mr. Dunn recommended that the ordinances be tabled until the next council meeting. Councilwoman Harrison stated that if the ordinances were tabled at this council meeting, they should not be tabled two weeks from now. Mr. Dunn requested that the Council let this ride for another two weeks, and at the end of those two weeks, start discussions of how long this would continue. Councilman Stovall moved to table Ordinances No. 89-2, 89-3 and 89-4, Series of 1989 until the next regular council meeting. The motion was seconded by Councilman Davis was unanimously carried. Resolution No. 89-11, Series of 1989, A RESOLUTION AMENDING THE 1989 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1989, AND ENDING ON THE LAST DAY OF DECEMBER, 1989. Mr. James stated that this amendment reflected some changes since the last meeting. He stated that one new item was that the police department received an Equipment Grant of $1,320.00. Another item was for the TV Translator System of $13,200.00. The total budget for the TV Translator System was $25,700, which was now available. The Log Cabin Expansion funds were $20,000, and $1,800 for the Softball Program. He stated that after all the adjustments, there was a beginning fund balance of $317,648, and the excess revenues over expenditures was $125,458. The General Fund Balance was now $192,190. He stated that for the Public Works Fund, the Council authorized a stairway between City Market and Wal-Mart. He stated that $4,000 was budgeted. The ending Fund Balance was $157,445. Councilwoman Harrison moved approval to adopt Resolution No. 89-11, Series of 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. Mr. James noted that the Town would turn over the $4,000 to the developer to install the stairway, which would be approved by an Agreement. Also, the developer agreed to provide the maintenance of the stairway. He stated by doing this, the Town could deal with the funds when the improvement was completed. The Council agreed. -2- Resolution No. 89-12, Series of 1989, A RESOLUTION SUPPORTING AN ELEMENTARY SCHOOL IN AVON Mr. James stated that a couple of meetings ago the Council agreed to adopt a resolution supporting an elementary school in Avon, and that both the School District and the Task Force continue to look into an elementary school on Tract P, which was west of Nottingham Park. Mr. James then read the resolution in its entirety. He then reviewed the history of Tract P and Tract G. Councilwoman Harrison moved approval of Resolution No. 89-12, Series of 1989. The motion was seconded by Councilman Bennett. Councilman Reynolds felt it was an unsafe site for school children. He felt it was wrong that children would be playing in an area where adults play ball, and also, the railroad being so close. He stated the possibly of a derailment of a train would be devastating. There being no further discussion, the Mayor entertained a vote on the motion. The motion carried with Councilman Reynolds opposing. Resolution No. 89-13, Series of 1989, A RESOLUTION APPROVING THE DISSOLUTION OF THE AVON METROPOLITAN DISTRICT. Also, AGREEMENT AND PLAN FOR DISSOLUTION. John Dunn stated that at a Special Meeting of the Avon Metropolitan District, the Board Members authorized the Town Attorney to proceed to dissolve the District. Mr. Dunn reviewed the resolution with the Council. He stated that the resolution recites that at least 85% of the territory of the District lie within the Town. It resolves that the Council file an application with the Board of Directors in the District to dissolve the District. Discussion followed. Mr. Dunn stated that he and Mr. James had met with Bond Counsel(Dee Wisor). It was his opinion that the Town issue its Bonds to acquire the District's water system, and use the proceeds of that Bond Issue to pay the outstanding Bonds of the District. Also, to have the Town assume the obligations of the District under the Service Contract with the Regional Authority. He stated that after that was accomplished, then the District's dissolution would be complete. He stated that the Bonds may be issued by the Town without an election because they were Water Bonds, which Water Bonds were an exception in terms of an election. -3- • • He stated that the other concern was the annual installment of the Bonds, which would accelerate in 1992. The five year plan had been to refund those Bonds before 1992, to stretch them out so that those payments would be uniform, and would not resolve in an increase in the mill levy in 1992. Mr. James then reviewed the history of the proposed Dissolution of the District. Mr. Dunn then reviewed the changes in the Agreement and Plan for Dissolution with the Council. The changes took place in Articles I,II,III and VI. Mr. Dunn stated that unless the Agreement had to come back to the Council for more changes, the petition of Dissolution would be Filed immediately after the next meeting of the Metropolitan District. Mr. Dunn recommended that along with the adoption of the resolution of Dissolution, that Council move that the Agreement be authorized together with such changes favorable to the Town which would be approved by Bond Counsel and the Town Attorney. Mr. James requested that the Council adopt the resolution only, at this time. He felt if the Agreement was signed, it would be moving too fast. Mr. Dunn recommended that.Council adopt the resolution and to come back to the Council with the final revision of the Agreement and Plan for Dissolution at a later day. Councilwoman Harrison moved approval of Resolution No. 89-13, Series of 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Mr. Dunn reported on the Avon Center Mall Out-Lot. He stated that he had received a letter from the attorney for Nick Marsh. The letter stated that Out-Lot 3 was still owned by the Limited Partnership (Don Buick and Nick Dalba). It was stated that Mr. Marsh had no authority to act for the Avon Center Limited Partnership, of which, was Centennial Ventures, Inc. It was stated that Don Buick and Nick Dalba were the officers for CVI. Mr. Dunn stated that there were two issues; 1. Who owned Out-Lot 3, who should own Out-Lot 3. 2. Who should pay the taxes. He stated that the Town should own Out-Lot 3 according to the Mall Agreement, also until the conveyance occurred, Avon Center Partnership was to pay the taxes. He stated that the primary move would be to have the Title resolved. The matter of Title could be resolved by Filing an Action of Quiet Title. He stated it would be a valid Action. After some discussion, Councilman Stovall moved to authorize the Town Attorney to File a Quiet Title Action and additionally, a second claim for money damage for the taxes. The motion was seconded by Councilman Bennett and was unanimously carried. -4- 0 • Next on the agenda was an update report on the TV Translator System. Councilman Davis stated that the County Commissioners had postponed their decision until May 2, 1989 at 9:00 a.m. He stated that the committee was to hold a meeting Thursday, April 13, 1989 to discuss that action. Mr. James reported on the upcoming meetings that have been scheduled for April and May. On Monday, April 17, 1989 at 7:00 Commissioners, Avon Town Council, County Recreational Task Force to On Wednesday, May 3, 1989 at 5:00 with the Avon Town Council, Vail Committee to discuss Marketing. p.m. a meeting with the County Vail Town Council and the Eagle discuss softball fields. p.m., a meeting has been scheduled town Council and the Marketing Mr. James recommended that the Town Council receive the 1988 Audit Report as well as the Management Letter and to refer a section of the Management Letter to the Town Attorney for his review to make sure the Town was in compliance. The sections (89 and 457 of the Internal Revenue Code) were in regard to employee benefits and pension plans. Councilwoman Harrison so moved. The motion was seconded by Councilman Stovall and was unanimously carried. The Mayor stated that he had received a letter from the office of Special Advisor to the President of Consumer Affairs, Washington, D.C. He stated that they were requesting approval from the Council of a Proclamation proclaiming the week of April 23, 1989 as, "8th National Consumers Week". After some discussion, Councilwoman Harrison moved approval to proclaim the week of April 23,'1989 as, "8th National Consumers Week". The motion was seconded by Councilman Stovall and was unanimously carried. The Financial Matters were next presented to the Council. Councilwoman Harrison moved to receive items #1 through #7. The motion was seconded by Councilman Reynolds and was unanimously carried. -5- i Councilwoman Harrison moved approval of Payable for April 11, 1989. The motion Reynolds and was unanimously carried. E the General Fund of Accounts was seconded by Councilman Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for April 11, 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman Harrison moved approval of the March 28, 1989 Council Meeting Minutes with the correction on page 2,'paragraph 2, add, "Councilwoman Harrison moved to table the ordinances until the next council meeting". With that correction Councilwoman McRory seconded the motion. and was unanimously carried. Mr. James requested that the Council adjourn into executive session to discuss a personnel matter. There being no further business to come before the Council, Councilwoman Harrison moved to adjourn into executive session. The motion was seconded by Councilman Reynolds. The meeting was adjourned by Mayor Nottingham at 8:45 p.m. The Council retired into executive session. -6-