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TC Minutes 07-22-1986MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JULY 22, 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 7:33 p.m. A roll call was taken with Clint Watkins, Sheila Davis, A.J. Wells, and Al Connell present. Steve Miller and Don Buick were absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, and members of the press and public. The Mayor called for Citizen Input. There being no citizen comment, the Mayor closed the discussion. Second reading of ordinance No. 86-17, Series of 1986, AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $2,700000 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; AUTHORIZING INVESTMENTS; APPROVING COUNSEL; AUTHORIZING INCIDENTAL ACTION; CALLING A SPECIAL PUBLIC HEARING; AND REPEALING INCONSISTENT ACTION. Mr. Dunn stated he had received, reviewed, and approved the Agreement referenced in Section I of the Ordinance. He stated that Bond Counsel had requested that a part of Section 3, "TERMS OF BOND", on page 2, be amended. The seventh line should be changed to state, "maximum interest rate of 45%". Mr. Richard MacCutcheon, Treasurer for Vail Associates, stated that the 20% was originally written because it was the Usery Rate in the State of Texas. In the State of Colorado, the Usery Rate is a maximum of 45%.' It was asked to change the percentage to be consistent with Colorado statutues. The Mayor offered the ordinance for Council's consideration. -1- • Councilman Connell moved approval of Ordinance No. 86-17, Series of 1986, on second reading, with the amendment to the Usery Rate. Councilwoman Davis seconded the motion. At this point, the Mayor opened the meeting for public hearing. There being no one to be heard, the Mayor closed the public hearing. Councilman Watkins wanted to know if some of the savings that would be realized with the approval of Bond refinancing for Vail Associates would be reinvested in the valley. He suggested the possibility of Vail Associates helping with the proposed Water Park, or some other recreational amenity. Mr. MacCutcheon stated he would mention the suggestion to Mr. Shannon and Mr. Flynn. He stated it was a two-way street. Those Council members voting "aye" were Clint Watkins, Sheila Davis, A.J. Wells, and Al Connell. There were no "nay" votes. The motion carried unanimously. Resolution No. 86-14, Series of 1986, A RESOLUTION IN APPRECIATION OF A.J. WELLS' SERVICES TO THE TOWN COUNCIL. Councilwoman Davis read the resolution in its entirety. Councilman Connell moved to approve and accept Resolution No. 86-14, Series of 1986. Councilman Watkins seconded the motion, which carried with Councilman Wells abstaining. Councilman Wells thanked each of his fellow Council members for working with him, and allowing him to work with them, and stated he had enjoyed it. At this point, the Mayor presented Councilman Wells with a Certificate of Appreciation in grateful recognition of outstanding public service faithfully rendered to the Town of Avon. Resolution No. 86-15, Series of 1986, A RESOLUTION APPROVING FINAL SUBDIVISION PLATS FOR EAGLEBEND FILING NO. 1, EAGLEBEND FILING NO. 2, EAGLEBEND FILING NO. 3, AND EAGLEBEND FILING NO. 4, ALL LOCATED IN SECTION 12, T.5 SOUTH, RANGE 82 WEST OF THE 6TH P.M. AND SECTION 7, T.5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO. Norm Wood stated that Eaglebend Partnership had submitted a Final Plat for the Eaglebend Subdivision. The subdivision was split into four different filings. Staff had reviewed the plats. Filing No. 1 was the existing duplex lots; Filing No. 2 vacated the lot lines, creating one single lot; Filing No. 3 consisted of the cluster homes, with very little changes made to the filing; Filing No. 4 was the Frank Doll property and the west end of the project. This was where the major change was made. No. 4 provided for the dedication of the roadway to the end of the -2- 0 • cul-de-sac. Mr. Wood reviewed minor changes to the Subdivision Improvements Agreement with Council, as follows: Page 2, 1.6, second line, change "south", to "north"; Page 2, "3. Time for Completion", 5th line, change "later", to "earlier"; Page 3, "Letter of Credit", 21st line, delete "of the balance"; Page 4, "6.", delete the entire paragraph; Page 6, "19. Additional Fees", delete the last two sentences. After discussion, Councilwoman Davis moved approval of Resolution No. 86-15, Series of 1986, subject to: 1. Technical review and approval of the Final Plats by Town staff, prior to filing with the Clerk and Recorder of Eagle County; 2. The completion and execution of all Certificates and related documents in a manner satisfactory to the Town Attorney, prior to filing with the Clerk and Recorder of Eagle County; 3. Review and approval of related Covenents, Subdivision Agreement, and other applicable documents by the Town Attorney, prior to filing with the Clerk and Recorder of Eagle County; and subject to the above listed changes to the Subdivision Improvements Agreement. Councilman Watkins seconded the motion, and it carried unanimously. The next item for discussion was the Final Report on the Marketing Feasibility Analysis for a proposed Indoor Water Park. Mr. James recommended that Council receive the Final Report, and make final payment of $15,000.45 to Haralson & Associates, Inc. Councilman Wells moved to receive the Final Report of Haralson & Associates, Inc., for the Indoor Water Park. Councilman Connell seconded the motion, and it carried unanimously. The 1986-1987 bus system was next presented for discussion. Norm Wood stated that last season's total ridership was down slightly from 1984-85's total ridership of 159,821. This was probably attributable to an early Easter, a shorter ski season, and the completion of the Christie Lodge time-sharing marketing program. Mr. Wood stated that demand could increase by approximately 100 riders per hour with the completion of the Wynfield Inn on December 1st. Re-routing the buses was discussed. The alternate route proposed would have stops at Christie Lodge, Wynfield Inn, Falcon Pointe Lodge, Avon Center, and Village Hall. The rest of the current service area would be served by an in-town shuttle, and would require a transfer at Avon Center to go to Beaver Creek or Vail. Sunridge service would be unchanged. If substantially the same level of bus service as in the past was to be maintained, it would be necessary to add an additional bus. Tentative cost for a 30 -3- • 0 foot Orion bus was $118,000; $125,000 for a 35 foot bus. Mr. Wood recommended either changing the bus route to accommodate the projected increase in demand, or purchasing a new Orion bus. The Mayor felt that, although the majority of riders come from the lodging community, the lodging community should be paying their fair share of the money it takes to provide that kind of service instead of leaving it up to the locals of the area. Councilwoman Davis stated that, with the new projects coming aboard, a new bus should be purchased. Councilman Connell stated that, even though there would be additional riders, and the inconvenience of waiting a few extra minutes for a bus, he could not support a new bus at this time. Councilman Wells moved to authorize staff to order a new bus. Councilwoman Davis seconded the motion. Those Council members voting "aye" were Sheila Davis and A.J. Wells. Those Council members voting "nay" were Al Connell and Clint Watkins. As there was a tie, the Mayor cast his vote in favor of ordering a new bus. It was stated that the ski racks would be transferred to the back of the buses. Electric service for the water treatment plant was the next agenda item discussed. Norm Wood stated that Holy Cross Electric Association, through Upper Eagle Valley Sanitation District, had requested a 10 foot wide easement for installation of an underground electric line from the existing electric line to the water treatment plant. He stated the request did conform with the approved building plans, and recommended that Council approve the request and authorize the Mayor to execute the easement for the electric service line. After some discussion, Councilman Watkins moved to authorize the Mayor to execute the easement agreement for the water treatment plant. Councilman Connell seconded the motion. Councilman wells asked if it was an exclusive easement; could the Town use the surface for landscaping, parking, etc.? He felt this point should be clarified. At this point, Councilman Watkins amended his motion to include some additional language to clarify the above. Councilman Connell amended his second. Further discussion ensued. It was suggested using the southerly side of the property, then turning into the treatment plant for hook-up. After discussion, Councilman Watkins withdrew his motion, and Councilman Connell withdrew his second, until further study could be made of the easement for the electric line. -4- 0 0 The Financial Matters were next presented to Council. Councilwoman Davis moved to receive items #1 through #10. Councilman Watkins seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the General Fund Accounts Payable for July 22, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the Transit Fund Accounts Payable for July 22, 1986. Councilman Connell seconded the motion, and it carried unanimously. Councilwoman Davis moved approval of the Reconciliation Sheet of Accounts Payable for July 22, 1986. Councilman Watkins seconded the motion, and it carried unanimously. The minutes of the July 8, 1986, Council meeting were next presented to Council. Councilwoman Davis moved approval of the July 8th meeting minutes, as presented.- Councilman Watkins seconded the motion, which carried with Councilman Wells abstaining. Council agreed to have the Town Manager send letters to all the consultants and all the banks involved with the Peregrine Project, to see if Mr. James could get some response as to where they are with the project at this point. Council agreed to pursue the matter. Councilwoman Davis stated that, once again, a letter should be written in regard to the complaints of visitors and time-share owners at the Christie Lodge. Council agreed that the letter should be addressed to the Management Agent. -5- There being no further business to come before the Council, Councilman Watkins moved to adjourn. Councilman Connell seconded the motion. Mayor Nottingham adjourned the meeting at 8:50 p.m. APPROVED: Aespect ully Submi ted: Pa ricia J. Do e, Town ler - -6-