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TC Minutes 08-22-19890 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD AUGUST 22, 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, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Community Development/Engineer Norm Wood, Director of Municipal Services Larry Brooks, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as members of the press and public. The Mayor called for Citizen Input. Ted Martin with U.S. Sports and also respresenting the Mountain Man Triathlon Event, approached the Council. Mr. Martin reviewed the outcome of the 1989 event with the Town Council. Mr. Martin was before the Town Council to request a contribution of $8,000 for 1990. He stated that this requested contribution was similar to last year. He stated that they are requested to pay for the television coverage this year. He stated that they are able to offer, and include, in the contribution this year, a tRirty second commercial spot, if there was room available. If not, Mr. Martin would have his people put one together either of summer in the valley or winter scenes, whichever the Council desired. He stated that he needed a commitment as soon as possible, and the reason being, the funds were needed for television production. Councilman Davis stated that he personally supported the event and the expenditure, but suggested that the Council take all requests and make the decision at the budget sessions, which would occur in the next sixty days. Councilwoman McRory stated that it was a great event and supported the $8,000 contribution, and felt that Mr. Martin did not have to wait until budget time. Councilwoman McRory moved approval of the expenditure of $8,000 for the Mountain Man Triathlon for 1990. The motion was seconded by Councilman Reynolds. Councilman Davis stated that every year the Council has budgeted for Special Events that there was always a short-fall of who wanted funds. He stated that he would like to see it done as a one time process during the budget process, that the Council make those commitments for the year all at that time. Councilman Stovall agreed and suggested that a letter be sent to those organizations and Special Events, that were funded in the past, and that they have their proposals and budgets in by September 8, 1989. He stated that he did support the event and the funding of the $8,000. Councilman Davis stated that he also supported the event and funding, but would vote nay at this time. He stated that he would like to see more consistency in the process. The motion carried with Councilman Davis opposing. Mr. James stated that it was his understanding that all requests for Special Events were to go before the Special Event Committee which the Marketing Committee has now set up. He stated that in the future, the Town Council be cautious of how the Town deals with Special Events and their scheduling. Mr. Martin stated that being on that Committee, he did mention that matter to the Board. The thought was that since it was an already established event, and approved, it may or may not go before to the Committee for Board approval. The date for the Mountain Man Triathlon was scheduled for February 3, 1990. Resolution NO. 89-26, Series of 1989, A RESOLUTION IN APPRECIATION OF EMILIE HARRISON'S SERVICES TO THE TOWN OF AVON. The Mayor read the resolution in its entirety. The Mayor stated that with much regret he wished Councilwoman Harrison well in her future endeavors. The Council then recessed for cake and coffee at 8:10 p.m. and reconvened at 8:30 p.m. There being no further Citizen Input, the Mayor closed that portion of the agenda. First reading of Ordinance No. 89-12, Series of 1989, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE FOR AN ADDITIONAL EXEMPTION FROM THE REAL PROPERTY TRANSFER TAX. Mr. James stated that in the last several weeks Mr. Gerry Mayham presented the Council with alternatives to encourage Affordable Housing in Avon. One of the recommendations he presented to be considered by the Council was, to eliminate the 2% real transfer tax on certain property transactions. Mr. James stated that enclosed in the packet was a proposed ordinance that takes some of those factors into consideration. The residential unit would have to be occupied by the owner, that the consideration of the sales would be less than $100,000, and that the same property improvements had not previously been exempted. He stated that Tyrrell Realty had requested some additional amendments. 1. That the first $100,000 be exempt from the real estate transactions. 2. That possibly, additional restraints be placed in the ordinance that may be better to rebate the real estate transfer tax after one year as a owner occupant. -2- • Gerry Mayha,Affordable Housing Coordinator for the Housing Urban Development approached the Council. Mr. Mayham reviewed the demographics of people who would be tentatively approved for Affordable Housing in the area. The Mayor called for a motion to bring the ordinance to the floor. Councilwoman McRory moved approval of Ordinance No. 89-12, Series of 1989 on first reading. The motion was seconded by Councilwoman Harrison. Councilman Davis requested that the Council look at some of the suggestions that were made by David Tyrrell. It was stated that if the buyer was allowed the exemption, and at some point within six months, they converted the property into investment property, the Town would not have the ability to lien the property to be able to collect the 2% transfer tax at a later date. The Town Attorney stated he had no solution on how to deal with that concern. He stated that he had included language in the ordinance that, an application was accompanied by an affidavit that the real property was being purchased for use as a primary residence and not for investment or resale. He stated that if this was falsely stated, it would be difficult to be proven. Councilman Stovall felt that the ordinance was not in the proper formate at this point. He suggested amending the ordinance so that if somebody did make a fraudulent application for use change in a few months period from date of purchase, that the subsequent purchaser may be liable for the payment of the transfer tax. He stated that if you put the bourden on the subsequent purchaser, it would seem that the person who purchased the property initially, would have difficulty selling the property. The Town Attorney suggested that the exemption could be made a conditional one, if the property was reconveyed within a year or two, the tax would be reinstated. John Dunham, realtor of the valley, approached the Council. He asked that the Town Council not put the money into an escrow account. He stated that the young people do not have enough money to close on property now. His second concern was the discussion of eliminating the trailer parks in the area. He was concerned of where those residents would live if the trailer parks were eliminated. Jim McVay, realtor of the valley approached the Council. He suggested that at closing, a promisory note be presented to the Town at no interest for one year. This note could accompany the Affidavit. Councilwoman Harrison had concern of the statement that Avon has been moving at a 17 1/2% increase, more than Vail, in growth. She did not want people to feel that Avon just tacked on the 2% transfer tax to make it hard on real estate agents. She stated that they were trying to grow a Town, and trying to make it a quality Town. -3- At that point, Councilman Bennett moved to amend Ordinance No. 89-12, Series of 1989 with the following changes: 1. That the first $100,000 be exempted from transfer tax on a property not to exceed $150,000. 2. That instead of having the same real property improvements previously being exempted, it would be the person or persons so that a person moving into Town qualifies for the exemption one time and that the property could be resold to new couples. 3. That a promisory note accompany the affidavit. The motion was seconded by Councilman Davis. Discussion followed. Councilwoman McRory would like to see some language in the ordinance that if the property was a resale that, the second buyer qualified under the same circumstances as the first buyer; and that the sale not be in the excess $100,000, limit it to the $100,000 at the present time. Further discussion followed. Councilman Bennett felt it should be passed on first reading so as to move ahead, and then revise the ordinance before second reading. Councilwoman McRory moved to table Ordinance No. 89-12 so that it could be revised and fine tuned. The motion was seconded by Councilman Stovall and was carried with Councilman Bennett opposing. Councilman Davis suggested that staff return with a date that this could be retroactive so that any purchases made as of September 1, 1989 would apply once the ordinance was adopted. Mr. James requested that a work shop be scheduled for Tuesday, August 29, 1989 at 12:00 noon to discuss the Housing Authority Ordinance, and possibly have Gerry Mayham present. The Council agreed. The Council tabled Ordinance No. 89-12, Series of 1989. Resolution NO. 89-25, Series of 1989, A RESOLUTION TO AMEND THE 1989 TOWN OF AVON BUDGET(New Computer) The Town Manager stated that there was $25,000 originally set in the budget for a new computer. He stated that there was a additional $6,968 needed to finance the new system. This resolution would approve the additional funding. Councilwoman Harrison moved approval of Resolution No. 89-25, Series of 1989. The motion was seconded by Councilwoman McRory and was unanimously carried. -4- • • Resolution No. 89-31, Series of 1989, A RESOLUTION TO AMEND THE 1989 TOWN OF AVON BUDGET(New Town Car) Mr. James stated that in June of this year, he had requested that Council consider the purchase of a Administrative vehicle to be used for town business trips. He stated that this resolution reflects the purchase in the amount of $12,925. Councilman Stovall moved approval of Resolution No. 89-31, Series of 1989. The motion was seconded by Councilman Davis and was unanimously carried. Resolution No. 89-27, Series of 1989, A RESOLUTION OF THE TOWN OF AVON, COLORADO, ADOPTING A SAFETY PROGRAM DEPARTMENT OF POLICY Mr. James stated that Agency(CIRSA) has req control policy by the resolution that CIRSA Councilwoman Harrison 1989. The motion was carried. the Colorado Intergovernmental Risk Sharing aired that the Town of Avon establish a loss Town Council. He stated that it was a standard recommended. moved approval of Resolution No. 89-27, Series of seconded by Councilwoman McRory and was unanimously Resolution NO. 89-28, Series of 1989, A RESOLUTION APPROVING FINAL PLAT AND RESUBDIVISION OF LOT 56, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Be it noted that Councilman Stovall stepped down due to a conflict of interest. Norm Wood stated that this resolution and resolution No. 89-29 were somewhat related. He stated that the Final Plat and Resubdivision of Lot 56, Block 2, in Wildridge was a plat to divide Lot 56, Block 2 into two parcels. He stated that the current plat for Lot 56, Block 2 was for Coyote Ridge Condominiums which contained two units that were part of a four unit condominium project and the west end of that lot had been designated as phase II. He stated that the plat has been reviewed and found that they were in general conformance with the Town of Avon's subdivision regulations and would recommend approval subject to: 1. Review and approval by the Town Attorney of executed plat certificates for conformance with Town Regulations. Councilman Reynolds moved approval of Resolution No. 89-28, Series of 1989. The motion was seconded by Councilman Davis and was carried with Councilman Stovall abstaining. -5- • C~ Resolution No. 89-29, Series of 1989, A RESOLUTION APPROVING FINAL PLAT AND RESUBDIVISION OF LOT 56-W, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that this subdivision would divide the west portion, or Lot 56, Block 2, Wildridge Subdivision. He stated that this site did contain a duplex and the purpose of the plat was to divide the duplex into two buildings. He recommended approval subject to: 1. Review and approval by the Town Attorney of executed Plat Certificates for conformance with Town Regulations. Councilwoman Harrison moved approval of Resolution No. 89-29, Series of 1989. The motion was seconded by Councilwoman McRory and was carried with Councilman Stovall abstaining. Councilman Stovall then took his seat on the adais. Resolution No. 89-30, Series of 1989, A RESOLUTION APPROVING FINAL PLAT AND RESUBDIVISION OF LOT 1, BLOCK 1, EAGLEBEND SUBDIVISION FILING NO.2, TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that this site was located north of Eaglebend Drive, between Eaglebend Drive and the railroad tracks directly across from the duplex properties. The purpose of the subdivision was to divide their two single family units. This would divide the western portion of that property into an open space tract, which was tract A. It would place the dividing line between the two units that were constructed, and would designate the remainder of the tract of Filing 2 as tract B, which was planned for future subdivision or resubdivision as additional units were constructed. He stated that the plat was reviewed and was found to be in general conformance with the Town's subdivision regulations and would recommend approval subject to: 1. Review and approval by the Town Attorney of executed Plat Certificates for conformance-with Town Regulations. Councilman Reynolds moved approval of Resolution No. 89-30, Series of 1989. The motion was seconded by Councilman Davis was unanimously carried. Resolution No. 89-32, Series of 1989, A RESOLUTION WITH FILED PETITION SHOWING THE NEED FOR A HOUSING AUTHORITY. John Dunn stated that a petition had been filed by the Clerk with twenty five signatures of residents of Avon which would now authorize the Council to schedule a hearing on the issue of whether there was a lack of safe or sanitary Accommodation Housing in the Town of Avon. The public hearing was scheduled for September 12, 1989. Councilman Davis moved approval of Resolution No. 89-32, Series of 1989. The motion was seconded by Councllwoman Harrison and was unanimously carried. -6- The Town Attorney reported on the Avon Center, Out-Lot U. He stated that the partnership of which Don Buick was the representative, had not File an Answer in connection with the law suit Filed by the Town in respect to the Out-Lot #3. He stated that the Motion for Default Judgement and the Answer had crossed in the mail. He stated that the Motion for Default Judgement was denied. He had talked with Mr. Marsh's attorney and based on the conversation and the review of the Answer, there was dispute between Mr. Buick and Mr. Marsh as .to who has the responsibility of paying the property tax on Out-Lot U. He stated that he would set the matter down for Trial in hope to get the parties together to try and resolve the dispute. Mr. James reported on the proposed Annual Business License Fees. He stated that the Avon Marketing Committee met last Friday. They had drafted a letter to which it will be sent to all the businesses on Monday, August 28, 1989. This letter reflected the intent and purpose of the Annual Business License Fees, and what impact it would have on the local businesses. There will be a public meeting on September 6, 1989 at 7:00 p.m. in the Council Chambers for the business owners and the Avon Marketing Committee. That input would then be brought back to the Town Council on September 12, 1989. He stated that also listed in the letter was the list of the Committee members and their phone numbers if any of the business owners had questions. Next on the agenda was the Avon Openspace in Wildridge discussion, and the Benchmark proposal of the Doyle & Associates Warehouse discussions. Be it noted that Mayor Nottingham and Councilman Stovall stepped down due to conflict of interest. Norm Wood stated that in taking inventory of the open space tract which were located within the Town of Avon, he found that Wildridge Development Company, and Wildridge Investment Company has held title to the open space tracts in Wildridge. Based upon the information that he had, the property taxes have not been paid on those open space tracts for the years 1986, 1987, and 1988. He stated that under that situation, it was possible for the Town to take ownership of those tracts, and could be transferred to other owners through a tax sale. He stated that the taxes of those properties for those three years totaled $18,626. He stated that plus the accrued interest would be approximately $20,000 to $25,000. He stated that tracts "J""M" and "0" were especially critical. The Avon Metropolitan District's water tanks and pump station were housed on those tracts. Also on tract "Cl! the Wildridge Fire Station was located. He stated that AMD has paid taxes for the tracts and were in the process of acquiring title. He stated that Wildridge Development and Wildridge Investment Company would be willing to transfer title to tracts "B" and "V". Discussion followed. -7- Councilwoman Harrison moved to authorize staff to make a written request to Benchmark Companies; Wildridge Development Company and Wildridge Investment Company to transfer title of the Wildridge Open space tracts, and tracts "B" and "V", Benchmark at Beaver Creek, to the Town of Avon. 2. Authorize the expenditure of funds to pay taxes and accrued interest on Wildridge Open space tracts with the exception of tracts "J""M" and "0". Maximum expenditure should not exceed $25,000. Taxes for tracts "J""M" and "0" should be paid by Avon Metropolitan District. 3. Authorize staff to contact owner of remaining open space tracts in Benchmark at Beaver Creek to negotiate transfer of title for these tracts to the Town of Avon. The motion was seconded by Councilman Davis and was carried with Mayor Nottingham and Councilman Stovall abstaining. Mr. James reported on the Benchmark proposal to the Town of Avon in respect to the Doyle & Associates Warehouse. He stated that the proposal was for the Town to purchase the entire complex of the Doyle & Associates Warehouse. He stated that it would be studied to see if it would be feasible for the Town to acquire this complex, and it would be brought back to Council for their recommendation to see if it was in the best interest of the Town. Mr. James requested authorization to proceed with negotiations with the Benchmark Companies. He stated that at this point, the Town has no land at all to consider for a public works site. He stated that it was a necessity to acquire some facility for public works, as well as, for cinder storage. Mr. James stated that this would be for short term until the Town could acquire a permanent location. Mr. James recommended the purchase of the facility which would help resolve the situation for the short term needs. Councilman Bennett moved to authorize staff return with their recommendation in three weeks so that Council could act accordingly. The motion was seconded by Councilwoman Harrison and was carried with Mayor Nottingham and Councilman Stovall abstaining. Mayor Nottingham and Councilman Stovall then resumed their seat on the adais. The Mayor declared that there was a vacancy on the Avon Town Council, and that a public notice would be placed in the papers. According to the Town Charter the vacancy has to be filled within thirty days. The Mayor then presented Emilie Harrison with a Certificate of Appreciation for her services to the Town and wished her well. Councilwoman Harrison thanked the Council and the staff for their help and support. -8- 0 0 Norm Wood reported on the Centennial Engineering update study. He stated that he had received the update report on the separated grade crossing. The costs were based upon the previous cost estimate that they prepared, taking Avon Road under the railroad tracks. The previous cost estimate in 1985 was 5.7 million dollars. Most of the update was for changes and construction with an exception that it did include some additional retaining walls on the south side of the tracks on the east side of Avon Road along Nottingham Station. The revised cost estimate was increased by 6.8 million dollars. He stated that in addition to that, they also looked at the cost of a pedestrian bridge at West Beaver Creek Boulevard. This cost estimate was based on the use of a bridge span that the railroad indicated they would provide to the Town at no cost. This did not mean that the structure would be free of costs. There would be $26,000 to improve the span and in addition to that, a ramp would be constructed for handicap access, bicycle path access over the tracks. The cost would be $485,000. $156,000 if a stairway on each side of the railroad tracks were constructed. Mr. Wood stated he had asked for a cost estimate for an underpass instead of an overpass at West Beaver Creek Boulevard. A meeting of the Avon Railroad Committee has been scheduled for August 29, 1989 at 10:00 a.m. The Mayor stated that the Town Council was invited to participate in the City of Manitou Springs Mayor Cup 5K run. The Mayor reported on the meeting for the 1990 Census. It was stated that the 1990 census needed to be an accurate count for the entire county because of the grants that were given according to population of cities and towns. The Mayor reported on the CAST meeting which was held in Dillon. He stated that CAST had met with the State Highway Commission and met the new Commissioner who was appointed from the area. He would be in Eagle County to discuss and talk about the Eagle County needs. Proclamation "Walkin Willie's 600 mile walk. The Mayor read the Proclamation in its entirety. A copy of the adopted Proclamation would be sent to the Governor's Office so it could be presented to Walkin Willie Croker. -9- 0 s The Financial Matters were next presented to the Council. Councilwoman McRory moved approval of the General Fund of Accounts Payable for August 22, 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for August 22, 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman McRory moved approval of the August 8, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. Mr. James requested that Council retire into executive session to discuss land appraisals. Councilman Stovall moved approval to adjourn into executive session. The motion was seconded by Councilwoman McRory. The meeting was adjourned by Mayor Nottingham at 9:55 p.m. The Council then retired into executive session. SP CTFULLY SUBMIT E J atricia J Doyl , To Cler -10-