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TC Minutes 08-11-1992U MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 11, 1992 -'7:30 P.M. The regular meeting of the Avon 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 Zerry Davis at 7:37p.m. A roll call was taken with Councilors Charlie Gersbach, John Hazard,~Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore, Recreation Superintendent Meryl Jacobs, Public Relations Officer Teresa Albertson,,Town Clerk Patty Neyhart, as well as members of the press and public. First item,on the Agenda was Citizen Input. Mr. Joe Gunter, Director of the Eagle County Library, came before Council to inform of the upcoming Eagle County Library District Election in November. The District boundaries will not include Vail or Basalt as Vail pulled out approximately 10 years ago and Basalt already has a library district. The.District's main priorities are Avon, Eagle, and Gypsum and will cover surrounding areas such as McCoy and Redcliff. The formation of this District does not create an additional taxing authority. Taxes can only be raised with permission of the voters. A',mill levy increased is being requested. The„formation of the District has-been studied for the last five years. There are currently 32 Districts in the State. By law the mill levy maximum is°1.5_mills and:can not be increased without a vote of the electorate. Our current mill levy is 1.157. With the current and even the 'maximum mill levies this is inadequate funding. A 2.75 mills is,being_petitioned. Major issues covered wil'1 be to open•the libraries more hours,, double the book and materials budget, improve childrens' collections and programs, buy a bookmobile to serve.rural.areas of the,-County, look.into_opening facilities-where demand warr-ants,.and expanding the facilities in Eagle and Avori. *the motive is_ to increase and protect library resources from being gobbled up by the mandated departments within the County. And, theionly way to do that is to separate the library from the County with the formation of a independent library district. Councilor Nottingham questioned what percentage of the budget functions on private donations. Mr. Gunter informed less than 5% without'in-kind services being considered. Councilor Reynolds questioned how much revenue would be generated by raising the mill levy to 2.75 from 1.157. Mr. Gunter 'responded it would about double the library budget. Mr. Gunter added the average taxpayer in Eagle County now pays approximately $15.00 and would increase to $32.50. i Councilor Nottingham questioned future facilities with regards to Avon. Mr. Gunter stated the Board willlseek proposals for library needs and site analysis from professionals. Mr. Gunter added his personal preliminary studies does show Avon on the larger end. Mayor Davis noted people are confused about how the library functions in general.and added that people that use the library should have some responsibility. Mayor Davis thanked Mr. Gunter for the information. Next on the Agenda under Citizen Input was Mr. Bob Slagle, Eagle County Animal Control. Mr. Slagle came before Council to hear of any problems or concerns. Mr. Slagle noted a problem in Wildridge; 50% of property owners and residents who like to turn their dogs loose anytime and 50% who would like the protection of the current law with privacy in their own yard. There is one violation pending; a dog chasing wildlife. Councilor Hazard noted the friendliness of the dogs and his concern of a dog getting hit by a car in Wildridge. Mr. Slagle mentioned there are no complaints regarding service calls; meaning someone called and no one responded. Mr. Slagle read a letter meant as a cover to the County's Resolution concerning the control and licensing of dogs and impoundment and disposition of animals. ~Mr. Slagle noted animal control should be exercised; no longer just dog control as exotics such as pot bellied pig and boas need to,be addressed. Mr. Slagle requested Avon Council adopt the Eagle County Resolution of 1992 - #91-109. Mr. Slagle informed that 30% of the most recent impoundments have come from action within the town employees, either contacting and holding or providing accurate information where Mr. Slagle can site; team in action. Councilor Hazard questioned dogs running loose on job sites. Mr. Slagle stated a form for the contractor,',attached to the building permit, informing of responsible pet ownership is in the works. Mr. Bill James stated the Resolution has been reviewed and suggested changing the Agreement from 5 days to 6 days enforcement, which would increase the cost from $9,200 to $12,000. Mr. Slagle explained the shelter accounting reports included in Council's packets. With no further discussion or comments, Mayor Davis called for a motion. Questions were raised regarding the motion. Attorney Dunn suggested a motion to repeal the previous ordinance and adopt Resolution 91-109 by reference and motion to direct staff to have an Ordinance to that effect for Council's next meeting. Councilor Reynolds so moved Attorney Dunn's suggested motion. Councilor Pysher seconded the motion. -2- • • Mayor Davis clarified the motion by informing it is to direct Staff to present an Ordinance that repeals the present Ordinance and create a new one. Mayor Davis called for the vote and the motion passed unanimously. Next was Unfinished Business with regards to the Wildridge Building / Lot 41 Abandoned Building. Mr. Rick Pylman reminded that in March, after receiving several citizen complaints about a construction project in Wildridge showing no progress, the Town of Avon sent a letter expressing concern with the status of the project. Mr. Pylman added the building permit was declared expired and requested Mr. Allen, property owner, to present a time frame and plans for completion. With no response, in June a Declaration of Abandonment with a 60 day appeal, was sent to Mr. Allen. The sixty day period is essentially over today with the letter mailed on June 10th. In June a letter was received from Mr. Allen requesting the building permit be renewed with a two year completion. This request was denied, and a letter informing Mr. Allen that the renewal request was denied and requesting a specific building/completion schedule was mailed with a response in 30 days. Response from Mr. Allen was received yesterday. Mr. Allen is again requesting an extension, states he will enclosed the building this year, and finish next year. Mr. Pylman noted another complaint has been received in the meantime concerning children playing in the building. Mr. Pylman stated that Mr. Allen is having some financial difficulties and some time constraints preventing him from working on the building. Councilor Reynolds commented that perhaps Mr. Allen could hire someone to complete the building. Council's consensus was that Mr. Allen would need help in finishing the project. Mr. Pylman noted an inspection has not been made. Issuing a new building permit would require inspection. Perhaps work that is done would need to be torn down and rebuilt. Building permits may be issued with any stipulations or requirements that Council desires, such as time frame; progress every 60 days, etc. Council's consensus was for enclosure by December 15, 1992, completion (final C.O.) including landscaping by August, 1993 and Mr. Pylman's discretion of the reassessed building fee. Next was New Business with the first item being the Real Property Transfer Tax Exemption. Councilor Pysher reminded that currently the Town of Avon has a 2% transfer tax; money gathered for capital improvements. An exemption is in place to stimulate residential growth. This exemption is only up to $80,000; any amount over the $80,000 is subject to the 2%. Councilor Pysher is recommending an exemption increase from the $80,000 to $120,000 or eliminate the transfer tax entirely. Lost revenue would be approximately $17,500 from the exemption increase. The transfer tax generated $380,000 last year. Councilor Pysher expressed his positive ideas towards his recommendation and sited past building statistics. -3- • • Councilor Gersbach questioned the exemption figure. Councilor Pysher requested a total exemption up to $120,000. The other proposal is to eliminate the transfer tax totally for only primary residents. Councilor Nottingham questioned formula for the $17,500 loss and how to qualify primary residents. Councilor Pysher stated last year the Town of Avon exempted $35,000, based on $80,000 limit. Proposal is to raise that limit by 50%, to $120,000. 50% of the $35,000 is $17,500. Councilor Pysher stated the primary resident is addressed in the exemption now in place. Councilor Nottingham requested analysis from the Town Manager. Mr. James informed that the Town forfeited approximately $33-$35,000 with the $80,000 limit. The $80,000 limit was based at the time on an affordable level. Mr. James expressed concerns of eliminating the transfer tax which would result in a loss of $380,000 from capital improvements budget creating a crisis situation. Mr. James added that primary residents should pay something into capital improvements and is comfortable with the $80,000 figure. Increasing the exemption will not only cost the Town the proposed $17,500, but the first $80,000 being currently exempt looses $35,000; for a total of $52,500 annually. Mr. James recommended not to increase the exemption. .Mayor Davis stated he currently has a contract on his home and will not be voting. Mayor Davis informed that Avon was the first Town.in the State of Colorado to pass a real estate transfer tax (in 1079) and increased it-to 21 in 1987. Also, Avon does not have a use tax. Mayor Davis stated locals should pay some of,the tax that goes•into'the capital projects: The Town must.,protect. revenue sources now,'due to the possible'Bruce--Amendment. Councilor Nottingham suggested its not broke-so don't fix it, and mentioned the quality of_life is not getting.any cheaper., Councilor Pysher motioned to direct the Town Manager to amend Resolution number 3.12:0600 to reflect°.$120,000 as our limit to the.real estate property tax transfer,exemption. Councilor Hines 'seconded the motion. Motion failed with'Councilors'Gersbach, Hazard, Hines, Nottingham, and Reynolds opposed. Next under New Business was the Town Center Mall. Mr. James informed in 1980 the Town issued $910,000 in Special Assessment Bonds to make improvements to the Town Center Mall. The Town Center Mall was basically from Avon Road to Benchmark Road and West Beaver Creek Blvd. to Benchmark Road to the Railroad Tracks. This includes Avon Center, Peregrine, Lot 55, 56, and 61. The improvements made were very limited, for $910,000 alot of the interest was capitalized at that time to be able to carry the projects for improvement out to three years. Once done, approximately $600,060 was left to actually make the mall improvements. An agreement was drawn up whereby the property owners agreed to pay 75% of the improvements costing $910,000 and the Town to pay 25% of the improvements. The property owners were assessed and payments were spread out over ten years. Problems collecting assessments occurred. At one point the-bonds looked like they.may default. Back in 1990 when the bonds had to be called, the Town had to kick in an additional $80,000 in order to call the bonds. -4- • • There is an agreement in place for maintaining the mall. The mall area is the bus stop, sidewalks around Avon center, the landscaped area, the bike path along the Grand on Avon, and the detention pond on the West end. Annually budgeted in the General Fund is Mall Maintenance. The-Mall Maintenance is averaging approximately $40,000 annually which 75% is charged to the property owners and 25%'to the Town of Avon. The Town is only allowed to charge the property owners 5% of their assessed valuation. Most years the property owners are unable to pay their mall maintenance settlement. Most often the property owners pay for special improvements (special assessments) and the Town pays for maintenance. The Avon Center Mall property owners are not real happy with their ci-rcumstances.^ Over the last ten years the property ownerd~.have had to pay alot,of money for special assessments and still some properties are undeveloped. The sidewalk around-Avon Center needs to be replaced and is recommended to be replaced next year. For•an expenditure; that exceeds the 5% of the assessed valuation, it takes unanimous agreement of all property owners. There are two property owners not. in agreement of an additional.assessmentto replace the sidewalk. $63,000 was budgeted for replacement of..sidewalks. To get the sidewalk replaced it will probably take the Avon Center and the Town of Avon to agree to split the cost. Avon Center believes they can get it done for around $40,000; Avon Center to pay $20,000 and Town of Avon to pay $20,000 or an additional 53,250; take $63,000 to replace the sidewalk, our 25% of that is $15,750 and split with Avon Center we would have to come up with another $3,250. If Council decides to do this, it is recommended that Avon Center take back the ownership of the sidewalk and redefine the mall. In 1993, it is proposed the Town take over the maintenance of the mall. Example of how much property owners have paid; Lot 56, in the,last 10-years has pay just in special assessments over $50,000 and hasn't been able to develop the lot. Mr. Larry Lybarger and Mr. Rex Gamble, representing Avon Center Mall, displayed map and explained such to Council. Mr. Lybarger reiterated proposal to replace sidewalks, Avon Center to take back ownership of the sidewalk, redefine the mall, and the Town take over the maintenance of the mall. Mayor Davis questioned the maintenance of the mall; why not give all the land back to Avon Center Mall and have Avon Center Mall accept responsibility. Too many conversations to transcribe. Mayor Davis explained $40,000 yearly is for mall maintenance by contract. Additional money needed to replace the sidewalks need unanimous approval of all property owners. Of the $40,000 the Town pays 25% annually. Mr. Lybarger commented he is one of several mall property owners requesting the mall to be dissolved. Currently, with regards to the sidewalk, liability is a concern. Too-many conversations to transcribe. -5- Mayor Davis explained there are 5 property owners, plus the Town. The Town pays presently 25% for the maintenance on an annual basis in conjunction with the owners; total approximately $40,000; that is mandatory. To get any kind of capital improvement, you have to have agreement of all 5 property owners, plus the Town to be assessed. If they are not all in agreement, the people that are. in agreement have to pay for it, which is what we are discussing tonight. The original owners agreed to this maintenance contract and the present owners are being forced to accept this situation. The present owners are now asking the Town to split the cost of replacement of the sidewalk, take back the -land from the Town, and have the Town still maintain the property. Mayor Davis requested a better offer. Mayor Davis suggested to continue negotiations and discussions of the future of the mall. Council's consensus was to discuss during budget sessions. Next was the Mayor's Report. Mayor Davis mentioned a.letter from the Lighting Agency requesting over $3,000 regarding the custom sample product including freight. Council's consensus was for Mr., James to.negotiate payment of the freight bill only (approximately $1,100), as the sample product has been shipped back to the Company. Next was Other Business. Councilor'Nottingham informed the NWCCOG has scheduled a-seminar for August 26 and 27 at Copper Mountain. Councilor Nottingham will attend on Thursday, August 27 and Councilor Pysher will attend both days and each will present Council with report. Councilor Hines motioned to allocate $8,000 out of the General Fund for the Mountain Man Triathalon. Councilor Reynolds seconded the.motion. Councilor Hines requested a portion of and a commitment. Mayor Davis noted the process of applying for donations is at budget time. The motion passed unanimously. Councilor Hazard motioned, "regarding a joint meeting every two months during the summertime between / with the P & Z and the Council for the purpose of keeping the Council-appraised of what is going on with development in this Valley and I would like to have the motion carry". Councilor Nottingham seconded the motion. Councilor Pysher requested a repeat of the motion. Councilor Hazard motioned, "to meet every two months during the summer months with the P & Z in order to be informed and appraised of housing development and P & Z work between Council and P & Z". Councilor. -Reynolds questioned if this would be during Council's Workshops. Councilor Hazard stated, "it could be. In other words, this is something that would have to be amenable to both P & Z'and Council and we would take a tour- basically I think would be the best, visually to see what is going on and at the same time they could appraise us of what they're doing. The reason I suggested this only during the summertime because winter there is very little going on and it is more important to do it during the summer and it is a question of continuing this particular relationship which we have already established and to continue this basically for point of view of information and education". The motion carried unanimously. -6- 0 • Councilor Nottingham presented a copy of the minutes of Drug Free Eagle Valley. Councilor Nottingham noted funding. Councilor. Nottingham mentioned channel #23 director Jeanie Noe is resigning, getting married, and moving to Boulder. Channel #23 representative was requested to come before Council annually. Channel #23 received $500 grant from Vail Valley Foundation. Councilor Gersbach noted a strong group of advocates looking at the Berry Creek 5th as a possible school site. Council's consensus was this land was purchased for recreation.and open space. Councilor Hines questioned status of Thanksgiving train. Mr. James mentioned his conservation with the train officials and they stated it is highly unlikely that we will get a train by Thanksgiving. They do not see the conditions changing and recommended working on one for next year. Mayor Davis announced that the House Appropriations Committee and the Senate Appropriations Committee have marked the $1.2 million for busses, which actually is for 7 busses. The task force is preparinga proposal for next year which will continue the service for another year. Mr. James reminded the Volleyball Tournament is this weekend. An exhibition match is set for Thursday with a special party. Saturday and Sunday is the Tournament, with free admission. Mr. James mentioned the $10,000 property lien on Mr. Kraft's property. Due to this property going to'tax sale (back taxes have been paid three years), Mr. James suggested offering Mr. Kraft with a specified date to pay the lien or the Town will foreclose. Attorney Dunn stated with the property going to treasurers deed (to be issued November 7th) it wipes the Town's lien out. Should Mr. Kraft pay taxes, the lien would still be valid. Attorney Dunn offered, that the Town could pay the taxes due to the lien, the back tax payer of three years would be reimbursed and no treasurers deed would be issued. The Town would then have $18,000 invested-($10,000 lien and $8,000 taxes). There is no reason for the Town to pay the taxes unless the intent is to foreclose. Suggestion is to offer Mr. Kraft 30 days, at the end of 30 days if he hasn't paid, then foreclose, by the end of another 30.days you are going to know if you will be successful in the foreclosure even though the sale has not occurred. If it gets to November 7th, you pay the taxes to protect the foreclosure and then you get a deed which gives you title to the property. This would be'a court foreclosure. Mr. James read the letter to be sent to Mr. Kraft with Council recommending foreclosure. The Financial Matters were next presented to Council. Councilor Hines moved to receive items #1 thru #12 and approve items #13 thru #17. The motion was seconded by Councilor Nottingham and was unanimously carried. -7- 0 • Next presented to Council were the Council Meeting Minutes. Councilor Reynolds moved approval of the July 14th and July 28th Regular Council Meeting minutes as presented. The motion was seconded by-Councilor Gersbach and the motion carried unanimously. There being no further business to come before Council, Mayor Davis called for a motion to adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Reynolds. The meeting was adjourned by Mayor Davis at 10:39pm. RESPECTFULLY SUBMITTED: APPROVED: Patty Ne hart Town Clerk -8-