TC Minutes 04-25-19890 0
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD APRIL 25, 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
7:43 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 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 ordinance were tabled at the last Council Meeting.
John Dunn stated that he had talked with Mike Clowdus last Friday,
April 21, 1989. It was indicated that the agreements were in final
form. The three changes were made as was noted in the minutes of
April 11, 1989. Two of which were changes the Town requested, and
one of which it required that the Town make a determination of any
deficiency within thirty days of each six month guarantee period.
If the tax was not paid, then the Owners Association would be
responsible under this guarantee.
He stated that the agreements were in the hands of Mr. Napoli
(Christie Lodge) and Larry Doll(Falcon Pointe)for signatures.
Falcon Pointe had received approval from FSLIC. He stated that
by the next meeting he would have the signed agreements and would
receive the $24,000 that was required to be paid at the time
the agreements were signed by the Town Council.
Mr. Dunn recommended that once again, Ordinances 89-2, 89-3 and
89-4, Series of 1989 be tabled until the next regular Council Meeting.
Councilman Reynolds so moved. The motion was seconded by Councilman
Stovall and was unanimously carried.
Resolution No. 89-14, Series of 1989, A RESOLUTION APPROVING
FINAL PLAT OF LOTS 17 AND 18 AND TRACT B, FILING NO. 3, EAGLEBEND
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Norm Wood stated that the Plat had been reviewed by the Town staff
and was found to be in general conformance with the subdivision
regulations and also complied with the provisions for consideration
as a minor subdivision. Filing 3 of Eaglebend generally consists of
the Stonebridge Cluster Townhomes portion of Eaglebend. The
proposed replat generally resubdivides two of the underdeveloped
cluster home sites and the general common area to allow development
of two detached single family houses with built-in garages. Tract
B portion of the replat basically was the reconfiguration of common
ground.
Mr. Wood recommended approval of Resolution No. 89-14, Series of
1989 subject to: review and approval by the Town Attorney of the
executed plat certificates for conformance with town regulations.
Councilwoman Harrison so moved. The motion was seconded by Councilman
Reynolds and was unanimously carried.
The Town Attorney reported on the Bain Case.
Mr. Dunn stated that the case would be before District Court next
week for a pre-trial conference. He stated that the draft form of
the Motion of Summary Judgement for Dismissal on the basis of
Governmental Immunity was never in a final form. The Attorney for
CIRSA informed Mr. Dunn that he would continue to work on the document.
After some discussion, Mr. Dunn recommended that Council authorize
him to appear at the pre-trial conference.
Councilman Stovall moved approval that the Town Attorney appear at
the pre-trial conference and also authorize the expenditures for Mr. Dunn
of a reasonable amount. The motion was seconded by Councilman
Reynolds and was unanimously carried.
-2-
•
The Avon Center Mall Out-Lot 3 was discussed.
Mr. Dunn stated that he had Filed a Complaint for Specific Performance
with respect to the Avon Center Mall Out-Lot 3. He had included in
the Complaint a request for reimbursement for taxes..
He stated that he was in the process of having Mr. Buick served
on behalf of the Limited Partnership which seemed to be the entity that
has control of the Out-Lot 3.. He would keep Council informed.
The Dissolution of the Avon Metropolitan District was next presented
to the Council.
Mr. Dunn stated that the Council had received a redraft of the
agreement. He then reviewed the document with the Council.
He stated that at the meeting of the Avon Metropolitan District of
April 19, 1989, a point was made that assumption of the District's
debt by the Town, as had been planned, would have an inequitable
effect on the small area of the Town located within the Eagle-Vail
Metropolitan District. In effect that area would be burdened by
the debt of both the Eagle-Vail and Avon Metropolitan Districts.
Stan Bernstein had also observed that the same effect would result
in the future in any annexed areas located in other Metropolitan
Districts. He stated that because of those concerns, it was
recommended that they return to "plan 1" whereby the District
remain in existence for the limited purpose of servicing its own
debt.
Mr. Stan Bernstein financial consultant approached the Council.
He stated that the basic assumption was that the District would be
dissolved effective January 1, 1990, and that the Avon Metropolitan
District keep its debt. The Avon Metropolitan District would levy
a mill levy over a fifteen toweny year period to pay off the existing
debt. He stated that the Town would not inherit any debt, but
would inherit the responsibility of operating and maintaining-.the-water
system. A large amount of that responsibility had been delegated
over to the Upper Eagle Regional Authority. The Town would not
receive a cash payment from-the Metropolitan District for Fire
protection. He stated, that in the past, the Town had been budgeting
for cash payment for Fire Protection. Since the Town would not
receive that revenue, the Town would have to levy a mill levy to
make up that amount($175,000 per year). It would be an additional
mill levy that the Town would levy, but would not increase anyone's
taxes, because the District had been levying those taxes.
He stated that if this occurred, the Town would create another Fund
(Water Utility Fund) which would be opposed to a General Fund. The
Fund would not have any property taxes, but would be collected in
tap fees.
-3-
0 •
Further discussion and review continued in respect to the cash
flow report(see attached to these minutes).
Mr. Bernstein stated that the final decision would come from the
Town Council of what to approve and what to disapprove.
Mr. Bernstein stated that the issue was,'--should the Town
recommend to the District that the debt be refunded as a condition
to dissolving the District, or should the Town just leave as is.
He stated that if the debt was not refunded it would be retired
in the year 2003, but if the debt was refunded, it would retire
in the year 2008. Mr. Dunn stated that they were told by Bond Counsel
that once the Dissolution occurred, the District no longer could
issue Bonds to refund its debt. He questioned that opinion.
Mr. James stated that this was not a condition that would exist
because of the Dissolution. He stated it was a condition that
existed regardless. It would have to be approved on the basis that
eventhough Bond Counsel would not give a clean opinion, there were
other Bond Counsels that would possibly give a different.opinion.
He felt it would be a good idea to refund the Bonds before the
Dissolution.
Councilman Bennett suggested to refund the Bonds and to have the
flexibility to call them early if funds were available.
Mr. Bernstein stated that the flexibility could be built in, but
the Town may have to pay a "Call Premium".
The Mayor asked if this was a method to keep the Metropolitan District
in place and was confused of why it had to be dissolved, why couldn't
the District be in place just to pay the Bonds and the Town take
over the operation of the District with some kind of an agreement
which would not be labled "Dissolution".
Mr. James stated that this process was at the request of the Avon
Metropolitan District. He stated that with the current structure,
there was no reason for them to function. They would meet once a year
to set the mill levy to retire the debt, and the ongoing operations,
including capital and future obligations, would be the responsibility
of the town.
The Mayor questioned the fact.
The Town Manager stated that there would be no reason for the Town
to enter into this program if the Metropolitan District would still
function.
After further discussion, Mr. James requested that this be tabled
and that further review be done on this item.
Councilwoman Harrison moved to table this item until the first meeting
in June, 1989. The motion was seconded by Councilman Stovall and
was unanimously carried.
-4-
lJ
E
Councilwoman Harrison moved to continue the terms of the four
Planning and Zoning Commission Members until May 16, 1989. The
motion was seconded by Councilman Bennett and was unanimously carried.
Councilwoman Harrison moved approval to proclaim the month of June,
1989, as, "Recycle Month". The motion was seconded by Councilman
Reynolds and was unanimously carried.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved approval of items #1 and #2. The motion
was seconded by Councilman Bennett and was unanimously carried.
Councilwoman Harrison moved approval of the General Fund of Accounts
Payable for April 25, 1989. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Shset of
Accounts Payable for April 25, 1989. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilman Bennett moved approval of the April 11, 1989 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilman Bennett had concern of the newly erected signs that were
placed on Avon Road. These signs were placed there by Eagle County
Crime Stoppers and the Eagle County Sheriff's office which they
had adopted on that stretch of road. He stated that he did not think
it appropriate to have that stretch of road adopted since it was
under the care of the Public Works Department.
Councilwoman Harrison directed staff to remove
erected on Avon Road by the County. The motion
Councilman Stovall and was unanimously carried.
those signs that were
was seconded by
-5-
• •
The shopping center parking lot was discussed.
Norm Wood stated that they have had a problem with a street sign
truck parked in the parking lot at the Wal-Mart Shopping Center.
He stated that staff suggested parking regulations for Tract A,
which would be two hour parking from 6:00 a.m. to 11:00 p.m., and
no parking from 11:00 p.m. to 6:00 a.m. On Tract A, on the
westerly side of Wal-Mart, no parking from 11:00 p.m. to 6:00 p.m.
After some discussion, it was the consensus of the Council to
proceed with the process and to put these hours of no parking into
motion.
Councilwoman Harrison moved that Council retire into executive
session at the request of the Town Manager. The motion was seconded
by Councilman Stovall and was unanimously carried.
There being no further business to come before the Council,
the meeting was adjourned by Mayor Nottingham at 9:43 p.m.
The Council then retired into executive session.
-6-
APPROVED:
i
DISSOLUTION OF AVON METROPOLITAN DISTRICT
THE CURRENT PLAN
AMD increases monthly water surcharge $3.25 per SFE effective July 1, 1989.
AMD dissolved effective 1/1/90.
Town of Avon assumes the responsibility for funding all water' operations (except
debt) as of 1/1/90 - Exhibit I (no mill levy required). Excess cash transferred
to General Fund to offset fire department operations mill levy.
Town of Avon assumes responsibility for funding Avon fire operations as of 1/1/90
- Exhibit II (mill levy increases from 0.00 mills to 5.61 mills).
Existing AMD debt not refunded - Exhibit III (debt remains responsibility of AMD
- mill levy ranging from 7.50 to 12.00 required).
OR
Existing AMD debt is refunded - Exhibit IV (debt remains responsibility of AMD -
- mill levy ranging from 7.50 to 9.00 required).
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