TC Minutes 07-08-19860
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD JULY 8, 1986 - 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.
Mayor Nottingham called the meeting to order at 7:45 p.m. A roll
call was taken with Clint Watkins, Steve Miller, Sheila Davis, and
Al Connell present. Councilmen Buick and Wells were absent. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering/Community Development Norm Wood, Director
of Public Works, Parks and Recreation Larry Brooks, and members of
the press and public.
The Mayor called for Citizen Input. There being no citizen
comment, the Mayor closed the discussion.
First reading of Ordinance No. 86-16, Series of 1986, AN ORDINANCE
RATIFYING ACTION HERETOFORE TAKEN; DECLARING THE NECESSITY OF
MAKING PUBLIC IMPROVEMENTS IN THE TOWN; AUTHORIZING THE OBLIGATION
OF THE TOWN IN THE PRINCIPAL AMOUNT OF $1,600,000; AND PRESCRIBING
DETAILS IN CONNECTION WITH SUCH MATTERS.
The Town Attorney presented a new edition of Ordinance No. 86-16
that contained two correction. The first correction was on page
3, in regard to the maximum amount of indebtedness, subject to the
limitations of the Charter. The maximum was not $5,000,000, but
25% of the assessed valuation of the taxable property within the
Town, or the sum of $15,000,000, whichever was greater. The
assessed valuation of the Town, as of January 1, 1986, was
$23,138,510. The amount was corrected to $15,000,000. The second
change was on page 3. Section 2 wording was changed to read, "It
is hereby declared that the acquisition of the improvements
project will serve a public use."
Mr. Dunn stated the ordinance would substitute for the ordinance
adopted at the previous meeting that authorized the execution of
the Shopping Center Agreement. He stated he followed the language
used by Bond Counsel. It was for the purpose of defraying the
cost and expense of said improvements project, including all
proper incidental expenses, the Town shall obligate itself to
payment of the principal amount of $1,600,000. The interest rate
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was not included in the ordinance because the Town does not know,
at this point, the specifics of the obligation that would be
entered into next year if the Shopping Center project comes on
line. Mr. Dunn wanted to leave all the Town's options open for
when the time comes to pay the $1,600,000. There was some concern
about Section 14.8(a), "The ordinance shall state the maximum
interest rate."
After discussion, Mr. Dunn stated he would look into that
subsection between first and second reading of the ordinance.
After discussion, Councilman Miller moved approval of Ordinance
No. 86-16, Series of 1986, on first reading. Councilwoman Davis
seconded the motion.
Councilman Watkins felt that the previous ordinance was a better
one, in that it specified a maximum interest rate. Mr. Dunn
differed, stating that no maximum interest rate was given in
either the ordinance or the agreement.
A roll call vote was taken. Councilmembers voting "aye" were Al
Connell, Sheila Davis, and Steve Miller. Councilman Watkins voted
"nay". Councilman Watkins stated it would take a two-thirds vote
of the entire Council to approve this ordinance, since it was
dealing with bond issues. Mr. Dunn agreed. The motion to approve
the ordinance was denied.
First reading of Ordinance No. 86-17, Series of 1986, AN ORDINANCE
AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $2,700,000
AGGREGATE PRINCIPAL AMOUNT OF THE TOWN'S SPORTS FACILITIES REVENUE
REFUNDING BONDS, EXECUTION AND DELIVERY OF A SPORTS FACILITIES
REFINANCING AGREEMENT WITH BEAVER CREEK ASSOCIATES, INC., AND
RELATED DOCUMENTS; AUTHORIZING AND DIRECTING THE EXECUTION AND
DELIVERY OF SUCH BONDS; PROVIDING FOR THE PRINCIPAL AMOUNT,
NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF
INTEREST ON, THE BONDS, AND AUTHORIZING CERTAIN TERMS TO BE
DETERMINED BY SUBSEQUENT RESOLUTION; DETERMINING REVENUES TO BE
PAID FOR SUCH PROJECT; AUTHORIZING INVESTMENTS; APPROVING COUNSEL;
AUTHORIZING INCIDENTAL ACTION; CALLING A SPECIAL PUBLIC HEARING;
AND REPEALING INCONSISTENT ACTIONS.
Mr. Dunn reviewed the history of the Beaver Creek Sports and
Recreational Facilities project with Council. He stated that, in
1981, Council approved Sports Facilities Revenue Bonds in the
amount of $2,700,000. Mr. Dunn stated that the purpose of this
ordinance was to call in those bonds and to issue new bonds to pay
the old bonds off, thereby affecting a re-financing of the
project. He stated that the ordinance was submitted by Bond
Counsel, but he had reviewed it and it met with his approval. He
stated there was a special public hearing, required under Tiffra,
that was scheduled for August 12, 1986, at 7:30 p.m. Mr. Dunn
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stated there were additional documents to be reviewed, and he
would review them by second reading. He stated he would be
reimbursed by Vail Associates for his time.
Jerry Flynn, Vice President of Finance for Vail Associates,
approached the Council. He stated this was the first opportunity
they had to redeem the bonds with the bond holders. September 1,
1986, would be the 5th anniversary date. He stated the bonds were
in the process of being redeemed at this time. The new bond
holder would be the Republic Bank of Dallas. The bond holder had
committed to a floating rate of 73% prime plus 1/2. It would be
between 6-1/2% and 7%.
Councilman Watkins moved approval of Ordinance No. 86-17, Series
of 1986, on first reading. Councilman Miller seconded the motion.
Those Councilmembers voting "aye" were Clint Watkins, Steve
Miller, Sheila Davis, and Al Connell. There were no "nay" votes.
The motion carried unanimously.
Mr. Dunn reported on the new lease for Avon jail space between the
Town of Avon and Colorado West Recovery Center. Mr. Dunn stated a
letter was received from Keddie Brooks, Director of the Center,
indicating that Mountain Rivers Addictions Rehabilitation Unit
would close and, on July 1, 1986, Colorado West Recovery Center
would open, providing the same services as were provided by
Mountain Rivers. The Avon program's insurance had been carried by
Colorado West since its inception, so there would be no change or
break in insurance coverage.
Councilwoman Davis moved to authorize the Mayor to sign the
Agreement between the Town of Avon and Colorado West Recovery
Center. Councilman Miller seconded the motion, and it carried
unanimously.
Mr. James reported on the study of full-time, in-house legal
counsel. He stated he had surveyed a number of municipalities,
based on general services the Town receives and not on litigation.
He stated that most municipalities employ independent firms and do
not have an in-house attorney. Avon's Charter requires that
Avon's attorney have five years experience. Mr. James felt that
Avon's billings were in line, and recommended continuing with the
present system.
Councilman Watkins requested that the bills continue to be
monitored, and that other alternatives be explored from time to
time. He stated he never suggested looking into a full-time
in-house attorney, only a part-time attorney.
After discussion, Council agreed to explore other alternatives
from time to time.
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Mr. James requested that Council schedule a work session, on July
15, 1986, at 5:30 p.m., to meet with the Planning and Zoning
Commission. The purpose of the meeting would be to review the new
school proposed for Tract P, and to discuss how the Town could
cooperate with the school district as regards putting in community
facilities. Mr. James stated he would contact the school district
verbally to inform them of the meeting on that Tuesday.
Councilman Watkins so moved. Councilman Connell seconded the
motion, and it carried unanimously.
The Financial Matters were next presented to Council.
Councilman Watkins moved to receive items #1 through #11.
Councilman Miller seconded the motion, and it carried unanimously.
There was some discussion of a Real Estate Transfer Tax payment in
the amount of $10.00. It was concluded that the amount for this
transaction was correct.
Councilman Miller moved approval of the General Fund Accounts
Payable for July 8, 1986. Councilman Watkins seconded the motion,
and it carried unanimously.
There was some discussion on Planning Consultant Jim Lamont's
billings. Mr. James stated he had reviewed the billings with Mr.
Lamont, and has rearranged Mr. Lamont's time with staff to
eliminate some of the charges. He had also reorganized some of
Mr. Lamont's work.
Councilman Miller moved approval of the Transit Fund Accounts
Payable for July 8, 1986. Councilman Watkins seconded the motion,
and it carried unanimously.
Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable for July 8, 1986. Councilman Connell seconded
the motion, and it carried unanimously.
The minutes of the June 24, 1986, Council meeting were next
presented to Council.
Councilman Miller moved approval of the June 24th meeting minutes,
as presented. Councilman Connell seconded the motion.
Councilman Watkins pointed out an apparent omission in the
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minutes. On page 4, third line, add, "Councilman Watkins moved
approval of Ordinance No. 86-14, Series of 1986, on second
reading. The motion was seconded by Councilman Miller."
At this point, Councilman Miller amended his motion to include the
correction. Councilman Connell amended his second, and the motion
to approve the June 24th minutes carried unanimously.
Councilman Connell reported on the feasibility of a Television
District. He stated that the cost for such a facility, based on
assessed valuation of various properties, was 1/25 of a mill,
which would cover expenses.
Councilman Connell stated he would keep Council abreast of the
issue.
Councilman Connell moved to authorize staff to pursue the return
of funds contributed by the Town to the Police Department's FPPA
Insurance, and to approve a maximum amount of $5,000 for legal
services. Councilman Miller seconded the motion, and it carried
unanimously.
Council agreed to extend the advertisement for a replacement for
Councilman Wells until the end of July, to interview those
applicants at the August 12th work session, and to appoint a
replacement at that time.
There being no further business to come before the Council,
Councilwoman Davis moved to adjourn. Councilman Miller seconded
the motion. Mayor Nottingham adjourned the meeting at 8:29 p.m.
spec Cully Submitte .
tricia J. Q e, Town C r
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