TC Minutes 07-09-1996MINUTES OF' THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 9, 1996 - 5:30 P.M-
A 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 Albert J. Reynolds at
5:32PM. A roll call was taken with Councilors Jim Benson,
'Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham,
and Judy Yoder present. Also present were Acting Town Manager
Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn,
Police Chief Gary Thomas, Fire Chief Charlie Moore, Town Engineer
Norm Wood, Administrative Assistant Jacquie Halburnt, and
Community Development Director Mike Matzko, as well as members of
the press and public.
Citizen Input: Appeal of Transfer Tax Exemption (Steve Alters,
property owner / Arn Menconi, transactional agent)
Citizen Input: Appeal of Transfer Tax Exemption (Don Mac Ray,
property owner / Matt Harmon, mortgage broker)
Town Attorney John Dunn stated these appeals appear to arise out
of a miscommunication. It appears both persons qualify for an
exemption. It appears they were unaware of the process for
receiving the exemption, until they went to the closing. At that
point, there was miscommunication and timing errors as to the
filing of the application for exemption. Eventually, the title
company actually paid the tax. Town Attorney Dunn stated his
recommendation to staff was the matter be treated at Council
level. There is no actual procedure in the transfer tax
ordinance for refunding any tax that is paid erroneously,
therefore it requires an action of the Council. Town Attorney
Dunn recommended the appeals be allowed and the refunds granted.
Discussion followed on how to amend, so this miscommunication
doesn't happen again.
Town Attorney Dunn thought there needs to be interpretation as to
"prior to sale" and if Council prefers, an amendment to the
Ordinance can be prepared.
Ms. Christie Banowitz, from First American Heritage Title,
preferred clarification of "prior to delivery of deed". Holding
of escrow was not a problem with Ms. Banowitz.
Councilor Hines motioned to approve both appeals in the amount of
$1,600 each contingent upon all applications made. Councilor
Benson seconded the motion and the motion carried unanimously.
Councilor Hines stated it was also Council's direction to do this
under amendment form - amend the Ordinance. Town Attorney Dunn
confirmed he will present an amendment.
Mr. Matt Harmon informed his client will be very pleased and
thanked Council.
Mr. Steve Alters thanked Council.
Resolutions:
Resolution No. 96-28, Series of 1996, A RESOLUTION SETTING FORTH
FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CHATEAU ST.
CLAIRE ANNEXATION
.N.:4.a
Mayor Reynolds announced this is a public hearing.
Town Attorney Dunn stated this ordinance is before Council for a
determination that the property described as the Chateau St.
Claire project is eligible for annexation to the Town. Town
Attorney Dunn emphasized that nothing that occurs this evening
will actually cause the annexation to happen. Actual annexation
will be done by Ordinance, in the future. Town Attorney Dunn
recommended approval of Resolution No. 96-28 to make a finding of
compliance with the requirements for annexation - that not less
than one sixth of the perimeter proposed to be annexed is
contiguous with the Town - that there is a community of interest_
between the area proposed to be annexed and the Town - that the
area is urbanized or will be urbanized in the near future - that
the area is integrated with or capable of being integrated with
the Town. The Resolution also makes a finding that no election
is necessary because, all of the property owners have signed the
annexation petition.
Councilor Fawcett motioned to approve Resolution No. 96-28,
Series of 1996. Councilor Yoder seconded the motion and the
motion carried unanimously.
Unfinished Business:
Swift Gulch Facility / RNL's Contract
Cancellation policy, in coordination with election results, was
discussed.
Councilor Hines motioned to approve the contract for the Swift
Gulch facility for RNL with the following amendment - section 8.6
strike everything after "then due" and strike all of section 8.7.
Councilor Nottingham seconded the motion and the motion carried
unanimously.
Unfinished Business:
Swift Gulch Facility / Maintenance Design Group Contract
Councilor Hines motioned to approve the contract for the Swift
Gulch facility to Maintenance Design Group conditional upon final
review and wording by Chris Squadra and Larry Brooks. Councilor
Benson seconded the motion and the motion carried unanimously.
Unfinished Business:
Recreation Center / Zehren Contract
Councilor Hines motioned to approve the contract for the
recreation center to Zehren with the following amendment - strike
after "then due" in section 8.6 and strike all of section 8.7.
Councilor Nottingham seconded the motion and the motion carried
unanimously.
Mayor Report:
Mayor Reynolds complimented the Staff for the wonderful job they
did for the Salute to the U.S.A.
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Other Business:
Councilor Fawcett announced Mrs. Pearl Taylor, an Avon citizen,
won the Alpine Garden's Award for her garden in Wildridge.
Councilor Nottingham announced the next Eagle River Assembly
Tour, to the Climax Mine site and tailings, is set for August
13th.
Consent Agenda:
a.) Vail Valley Foundation - 1996 Vail Dance Festival Silver
Sponsorship Agreement
b.) Approval of the June 25, 1996 Council Meeting.Minutes
c.) Approval of the June 27, 1996 Council Meeting Minutes
d.) Financial Matters
Councilor Hines motioned to approve the Consent Agenda.
Councilor Benson seconded the motion and the motion carried
unanimously.
Adj ourn
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Nottingham
moved to adjourn. The motion was seconded by Councilor Henson.
The meeting was adjourned by Mayor Reynolds at 5:59PM.
PECTFULLY SUBMITTED:
Patty LamN~ t , CMC
Town Clerk
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