TC Minutes 09-12-19890
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MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD SEPTEMBER 12, 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, 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, Police Chief Art Dalton,
Deputy Town Clerk Dorothy Gallegos, as well as members of the press
and public.
The Mayor stated that the Council had an appointment of a new
Council Member to replace Emilie Harrison who had recently stepped
down and moved out of state. He further stated that Dave Garton
was successful of his efforts and had retained the seat.
Councilman Stovall moved to appoint Dave Garton as the new Town
Council Member. The motion was seconded by Councilman Davis and
was unanimously carried.
Mr. Garton was sworn in by Town Attorney John Dunn.
The Mayor called for Citizen Input.
Jo Brown, President of the Vail Board of Realtors, approached the
Council. She stated that Nova Dostall, who was killed in an
automobile accident in South Dakota this spring, was an Executive
Officer for the Vail Board of Realtors in 1979. She said that
some of Nova's friends thought it would be nice to plant a tree
in Avon Park in memorial to her. She stated that the Board of
Directors asked her to come before the Council to ask the Parks
and Recreation Department to plant a tree. She said that $300
would be given to the Town of Avon and asked that they notify her
of when this would take place so Nova's friends and family could
attend.
The Mayor stated that her request had been accepted and said that
he was sure it would be put in an appropriate place.
The Mayor thanked Ms. Brown for her request.
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Rick Marcus, director of Northwest Colorado Council of
Governments, approached the Council. Mr Marcus handed out a 5-page
report with NWCOG financial questions and answers to the Council.
He stated that they have had several tough times at their Council
of Governments and said they had a deficit which they have carried
for the last 4-5 years which this last year they have made several
strides to reduce it by $62,000. He also stated that they still
needed approximately $82,000 to reduce the deficit. He stated
that the handout had information regarding financial structure
conditions, how the deficit happened, how they took care of it
and how it was in active to keep it from happening again. He
further stated that they were looking at a one time deficit
reduction assessment in 1990 based upon the amount of dues that
each community in the regional council paid. The second handout
explained 8 different programs they had which included grant
funds, nutrient programs, weatherization programs, community
development, a legal division, a revolving loan fund, televideo
productions and a marketing plan. He stated that the Town of Avon
currently paid $312,000 into the regional business and the water
dues were $5,250 which the deficit assessment for 1990 was $800
for a grand total of $7,363. He stated that in 1991 they had
done restructing of the dues which were published in the news-
letter that some of the people have already received. He stated
that there would be some due increases in the community but some
dues would be decreasesd. He stated that he had already sent
to the Town of Avon Finance Department, a document with this
information on it for budget purposes.
Councilman Davis asked when they could expect to see the final
product on the business plan for the TeleWest Program.
Mr. Marcus stated that the final plan should be refined and out
within the next 30 days as the Board had given TeleWest Program
until December lst to try and get a marketing program going so
they could evaluate it for 1990. Mr. Marcus thanked the Council
for their time as well as the Mayor for his attendance in the
past years and for his support.
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 (this ordinance was tabled at the August 22nd Council
Meeting-a copy of the original ordinance and the second draft
was included in packets).
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Mr. James stated that in the original ordinance it had outlining
of some recommendations that were given to the Council by Gerry
Mayham from Housing Urban Development which was based on a
recommendation from Bolduc Realtors as well as from some developers.
He stated that after the ordinance was presented to the Council
they had a work shop on it & Town Attorney had sent another
ordinance which was enclosed for their consideration. He stated
that they were still in the discussion stage and that Gerry Mayham
was there to discuss the ordinance with the Council and answer
any questions they had.
Gerry Mayham from Housing Urban Development approached the Council.
He stated that at the last work session he was asked to check with
Title Companies to see if they would pick up the $2,000 amount.
He stated that in the title business he had checked with Colorado
Wealth and they had said no, American Title of Eagle said no,
Eagle County Title said no and Land Title said no as they would
not pick it up on the Town's insurance. He stated that the title
companies would not just pick up the Town's ordinance because of
restrictions on their title policies. He stated that if they sold
a house within one year the 20 transfer tax would be due to the
Town of Avon.
Mr. Dunn stated that the only thing they could ask a title company
to do was to pull the promisory note but said that they would
pick up the initial obligations. He also stated that they would
have self interest to assure themselves that the requirements for
exemption were being met.
Council Stovall moved to bring Ordinance 89-12 draft I & 89-12
draft II to the table for approval. Councilman Davis seconded
the motion and was unanimously carried.
Ordinance 89-12, Series of 1989 was opened for discussion.
Councilman Stovall stated that in the past, the Council had discussed
the possibility of rolling back the transfer tax from 20 to 1%. He
also stated that it occured to him essentially that they may be
doing that if the first $100,000 would be exempted from the purchase
price. He asked if that was what they were trying to accomplish.
Mr. James stated that in order to help a first time buyer to be able
to get into.these units would be with the Town considering exempting
a real estate transfer tax and stated that it was proposed to help
out the first time buyers through a Housing Urban Development.
Councilman Davis stated that if they were going to exempt one type
of buyer why not consider exempting everyone up to a certain level.
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Councilman Stovall asked Mr. James if they had any concept of how
this would affect the revenues.
Mr. James stated that it would have a minimal affect on some of the
revenues and that it all depended on the commercial and residential
sales. He also stated that in the original ordinance it had to
be a primary residency and could not be an investment.
Councilwoman McRory stated that she was under the impression that
the original $100,000 amount was to try and shoot for buyers
earning $30,000 a year. She also stated that if it was going to
be raised to $150,000 it would be for someone in the earning range
of $60,000-$65,000 a year. She thought that the Town would be
loosing alot of revenue if they would raise it to $150,000 as
she felt that alot of real estate on the market for $160,000 would
come on the market for $149,900. She felt they would be loosing
alot more revenue boosting it up to $150,000 than keeping it
under $100,000. She stated that she wanted to send the message
that they wanted to supply affordable housing to a certain income
group and felt that they were not doing that. She also stated
that the reason they had went with $150,000 was because they
were asked to do so by a realtor which she felt was not fair and
asked what was.
Councilman Stovall stated that the intent of the changes that he
proposed would allow more families, individuals, and local people
to be able to qualify for this and could relocate to the Town of
Avon which he said would benefit the community. He felt that
$150,000 was a good compromise that a great number of locals
would take advantage of and hopefully would chose to relocate
in Avon.
K.T. Gazunis, Director of Economic Development approached the
Council. She stated that housing was the number one priority
in her organization and said she had done quite a bit of research
in affordable housing. She further stated that these figures
were not very arbitrary and that they had some logical defense
for any of these figures. She said that $30,000 was just about
the median average working class in the County. She stated that
the average income was just over $27,000 and the median income
was around $30,000. She stated that $100,000 made alot of sense
and that the $30,000 range that they were marketing, at this
point made albt of sense. She further stated that there was.
alot of growth in the County and felt they needed affordable
housing. She also said that she encouraged the Town to keep as
much real estate transfer tax intact as possible as a savings
account against any negative side affects of development but yet
be very generous to the middle income wage earners.
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Mr. James stated that maybe they should use Ms. Gazunis' guide-
lines. He further stated that they should use the average median
income guideline in Eagle County for the exemption.
Councilman Davis stated that their original concern was to get
people interested in Avon and catering to people with an average
income was not what they wanted to do and said that it should
be 4 times above the average wage earner but yet still have a
place in that price range for people to buy.
Council Davis moved to amend Ordinance No. 89-12, Section 1,
Paragraph "0" to read "The first $120,000 of any sale or conveyance
of real property and completed improvements for occupancy as a
primary residents provided the following conditions are met".
The motion was seconded by Councilman Stovall and was unanimously
carried.
First reading of Ordinance No. 89-13, Series of 1989, AN ORDINANCE
AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON,
EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS SUCCESSORS AND ASSIGNS.
Gerald Bonser, District Manager in the Mounta:in.Division for Public
Service Company of Colorado, approached the Council. He stated
that this was an amendment to add transportation fuel to the
franchise tax collection which stated at the time they did not
collect but could be a possibility in the future. He also stated
that the second major portion of the amendment was adding the
nations clause to the franchise giving the option to review the
franchise for its monitary benefits annually.
Councilman McRory moved approval of Ordinance No. 89-13, Series
of 1989. Councilman Bennett seconded the motion and was unanimously
carried.
Mr. James gave an update on the proposed Annual Business License
Fees. He stated that on September 6, 1989, a public hearing was
held. He further stated that he had not met with the -Marketing
Committee since the hearing but a meeting was scheduled for
Thursday, September 21st at noon. He said that the Committee would
come up with a recommendation, mail a notice out to all the businesses
and then report back to Council with their recommendation.
Charlie Gersbach from Vail Associates Real Estate, approached
the Council. He stated that he had received a phone call from
Mr. Kendall who was supposed to attend the meeting but was not
able to be there. He stated that Fueller & Company and Vail
Associates Real Estate had entered into a contract with Peregrine
to market the property.
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Charlie stated that Hank Vanderus, his partner in Fuller and
Company, had been working for the Committee Members of the Peregrine
Project out of Denver and had their permission to speak to the
Council with where they were at with the building.
Mr. James stated that the purpose the Council asked to put
this issue on the agenda was because Peregrine Project was given
a 60-day notice to cleanup the building, paint it and landscape
it which it had not been done yet.
Mr. Vanderus approached the Council. He stated that in regard to
his phone conversation with Mr. Kendall, he wanted to know what
intern was the message he was to convey to the Council. He further
stated that in the phone conversation it was his understanding
that Mr. Kendall wished to cooperate and would respectfully request
that they form a work session immediately to discuss the issue.
He stated that he recognized the fustrations that the building had
caused with the Town and being the broker involved, it was his
wish to sell the property. He said that they would like to do
something with the exterior of the property and they recognized
it needed painting. He further stated that within the next 10
days they had a committment to remove all the garbage, drywall
and material on the north side of the building. He suggested that
they have a work shop, appoint some of the Council Members along
with himself, Mr. Gersbach and the owners to resolve this matter
and to work towards getting this accomplished. Mr. Vanderus
introduced Mr. Rod Unger who was interested in possibly purchasing
the building and stated that the has had experience in affordable
housing.
Mr. Unger introduced himself to the Council and stated that he
hoped to meet with some of the members as well as well as some of
the staff members within the next two weeks. He stated that he
was half way done with his dudiligence analysis on the project
and hoped to turn in an offer in real soon. He stated that he had
only been working with this project for 2 weeks and said he wasn't
very familiar with it but hoped to work with the Town in getting
their feedback and some of their insites of the project.
Councilman Reynolds stated that he was concerned about the building
needing to be painted before winter came. He said that the painting
would not take a whole lot of time but said that there had not
been alot of progress towards this. He also stated that this
building had been sitting there two-toned and asked the gentlemen
if they went before-Council to ask the Town to paint it.
Mr. Kendall from Denver was able to attend the meeting. He approached
the Council next.
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Mr. Kendall stated that it was not what they wanted to do. He
said they wanted to eliminate the two-tone and paint it. He
further stated that the reason for a work session was to decide
amongst everyone what color to paint it so they would not choose
different colors. He also said that the building needed more
than just painting.
Mr. Unger stated that technically his problem was what to do with
the exterior and had problems with choosing the best kind of paint
or coating to put over the exterior. He stated that basically he
just wanted to coordinate something that he could live with and
perhaps some other alternatives such as putting colored banners in
the mean time was something they could do so it did not look like
a battleship.
Mr. Gersbach stated that their involvement with the project was to
come and join the present owners to sell the property. He stated
that something else should be considered besides just painting
the building. He also stated that they could enclose a canvus-
type covering around the building and possibly go with some type of
landscaping techniques to make the building look a little better
than it did now. He said that they just wanted to sit and discuss
this with the Council and see what could be done.
The Mayor asked that if the Council agreed on sitting down and
discussing this with them and they gave them an extension, how
long it would take to get it painted and put a closing on it.
Mr. Unger stated that he understood the delays and fustrations of
the Town but was requesting they give them a couple of days or
a couple of weeks more so they could clean up the building and
get it sold.
Mr. Kendall stated that they were aware of the fact that the building
needed to be cleaned up and they were doing their best to get it
done. He further stated that in order for people to look at the
commercial space they had to go through the building and therefore
they knew something had to be done soon.
Councilman Davis stated that this was an ongoing situation and
someone soon was going to have to pay for something to get done.
He said that they needed to get the message to the people in charge
of this building that something needed to get done in order to
get this building issue moving along and stated that he realized
you could not force people to buy the building. He also said that
maybe if it was cleaned up and painted,they may get more people
wanting to buy it. He stated that something needed to get done
now and not 30 or 60 days from now. He also stated that the
Council had given them enough direction already and the next
step was to take it to the Planning & Zoning Commission.
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The Mayor stated that they wanted to hear from them in one week
as to what there plans were going to be.
The next item on the agenda was an update report on the Abondoned
Foundation/Lot 18, Block 1, Wildridge Subdivision. Mr. Wood stated
that in response to a handwritten complaint regarding an abondoned
foundation in Wildridge, a notice of violation was issued. He
further stated that in response to that notice, Mr. Greg Kraft,
a representative of Lilian Kraft, owners of the property, had
appealed a declaration to the Town Council and that the appeal
stated the lot was being prepared for construction.
Mr. Kraft approached the. Council. He stated that back in 1986
shortly after they passed fractionalization, they realized there
was a need for affordable housing. He stated that they had designed
an 8 unit project which included two buildings. He said they had
found a lender to do the permanent loans for the purchasers which
was Alpine Federal Savings & Loan but intern they lost all four
purchasers. He stated that over the last four months he had
started an F.H.A. approval process. He further stated that he:
had been working with another individual who had had several
contractors bidding the project and had hired Mark Donaldson, an
architect, to oversee the project and to assist him in coordinating
the bids. He said that generally the project was moving ahead to
the point where he could begin marketing the project within 30 days
and have F.H.A. approval by approximately early November. He stated
since the project was on the ground already, they were able to
begin construction at any time. Mr. Kraft said that he had kept
in touch with Mr. Wood with the progress he had been making and
keeping him informed with what had been done througout the summer.
When he received the notice he said he filed for an appeal which
was required and stated that he wanted the Council to know they
were progressing and he hoped to have this built within the next
6 months.
Mr. Wood stated that the initial permit had expired and all that
was required to begin construction was to reapply for a permit.
Councilman Stovall recommended they give Mr. Kraft a 60-day
extension, put him on a docket and have him give.the Council an
update at a later date as to where he was with the construction.
Mr. Kraft requested that the Council give him 60-days to report
back to them as to how his progress with the project was.
Councilman Davis moved they give Mr. Kraft a 60-day time period
which he would need to report back to the Council with the status
of the project. Councilman Bennett seconded the motion and was
unanimously carried.
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The purchase of the Warehouse Space was next on the agenda.
Mr. James stated that they did not have time to discuss this
issue and requested that they go into executive session at the
end of the Council meeting.
Jerry Bender from Upper Eagle Valley Water & Sanitation District
approached the Council. He stated that they operated the regional
water authority plant just west of Nottingham Park. He stated
that they have had problems with breaking in of vehicles and
noticed a great deal of traffic next to the building because of
the bike path which presented a safety problem at times. He
further stated that he came before the Council to request their
permission to put up a fence. He handed out a diagram of where
they proposed constructing the fence and stated that the Planning
& Zoning Commission did not have a problem with the fence concept
although they had not decided what type of fence to put up.
He also stated that in order for him to proceed with the fence
he needed the Council's permission to build around the park area
as this property belonged to the Town of Avon.
Mr. Mayor stated that he had a problem with the location as it
was the Town's property and said he thought the fence would
look obnoxious there.
Councilwoman McRory asked what type of fence he wanted to put up.
Mr. Bender stated that it would be a 6 foot chain linked fence
and with the recommendation of the staff, a stockayde fence
similar to the one currently being constructed along the bike
path would be built. He said he would prefer a chain linked
fence for security purposes.
Councilman Davis asked if his main concern were vehicles being
broken into.
Mr. Bender stated that some of the employees on call would leave
their vehicles at work and take the company truck home. He
further stated that on one occasion a private vehicle was broken
into and damage was done. He also said that he was concerned
with the amount of activity with children around the area on skate
boards.
The Mayor asked Police Chief Art Dalton for his comments on this
problem.
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Mr. Dalton stated that they have had two calls since the first
of the year at that location. One call he said was of a suspicious
vehicle in the parking lot and the other was of the breaking in.
The Councilmembers objected to Mr. Bender putting up a fence
around the Upper Eagle Valley Water & Sanitation District building
as they felt there was not a need for it and would not make the
area look very nice.
The Mayor told Mr. Bender that his request was not accepted but
thanked him for coming before the Council.
The appointing of a Councilmember to represent the Colorado West
Professional Counseling Center was next on the agenda. Mr. James
stated that Mr. Tom Steinberg represented the Vail area and that
a Councilmember from Avon should represent the Avon area. He
further stated that a staff member would not be able to handle it.
Councilman Davis moved to appoint Dave Garton to serve on this
Committee. Councilman Stovall seconded the motion and was
unanimously carried.
Councilman Garton stated that he would volunteer his time to
be a member and would represent the Avon.Town Council.
Mr. James approached the Council. He stated that Mr. Larry Brooks
had been serving on the Transportation Committee which was to
solve long term transportation needs in the Eagle County. He
felt there was a need to get the Council's involvement at this
level and requested that a Councilmember volunteer their time to
sit in on these meetings with Mr. Brooks.
Councilman Davis stated that transportation was a big issue and
felt that it needed to be a joint effort. He further stated
that the problem was they needed a person to represent the Avon
Town Council in case there were disagreements or they would
possibly be able to lead the Committee in a different direction.
Councilman Bennett volunteered his time to serve on this Committee.
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The Town Attorney reported on the Avon Center. He stated that
he was told that the developers were prepared to stipulate to
pay for the property and see what efforts could be made to get
taxes paid. He also stated that in regards to last weeks T.V.
Translator meeting the determination made was not to pursue
in any direction of the determination of the district court
objecting the petition for the district. He furhter stated that
other alternatives such as having a hearing or that the efforts
committee come up with a different approach would be a possibility.
Councilman Davis stated that he was advised by Mr. Wood
that they
had new permits on the 5 licenses for another 18 months.
Proclamation "National Family Week".
The Mayor read the Proclamation in its entirety.
A copy of the adopted Proclamation would be sent to the
Colorado
Family Association in Denver.
Proclamation "Red Ribbon Week - Drug Free".
They 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 Drug Free Colorado.
Proclamation "Emergency Medical Services Week".
The Mayor read the Proclamation in its entirety.
A copy of the adopted Proclamation would be sent to the
Vail
Valley Medical Center.
The Mayor stated that he was going to Greeley, Colorado on
October 6, 1989 to present the award for the lottery fund. He
also stated that there would be a followup meeting on September 20,
1989 at 10:00 a.m. in Glenwood Springs regarding the CAST Census.
He further stated they would ta:ilk about it more next week but
it was important to have more people participate in this group
as he felt it was important because they needed an accurate
count for the community.
The Financial Matters were next presented to the Council.
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Councilwoman McRory moved approval of the General Fund of
Accounts Payable for August 31, 1989. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet
of Accounts Payable for August 31, 1989. The motion was seconded
by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the August 22, 1989 Council
Meeting Minutes as presented. The motion was seconded by Council-
man Reynolds and was unanimously carried.
The Town Attorney stated that early in the day he had passed out
a Resolution Creating Housing. Authority. Mr. Dunn read the
resolution in its entirety. He stated that there was no time
limit on filing a certificate of appointment for each commissioner
but recommended it be done within a reasonable amount of time.
Councilman Davis moved approval of Resolution 89-33, Series of
1989. The motion was seconded by Councilman Stovall and was
unanimously carried.
Mr. James requested that Council retire into executive session
to discuss the Doyle & Associates Warehouse.
Councilwoman McRory moved approval to adjourn into executive
session. The motion was seconded by Councilman Stovall. The
meeting was adjourned by Mayor Nottingham at 9:50 p.m.
The Council then retired into executive session.
AP V LD"~/
RESPECTFULLY SUBMITTED:
Z~dhu
Dorothy allegos Deputy Town Clerk
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