TC Minutes 06-12-1990MINUTES OF THE REGULAR COUNCIL MEETING
HELD JUNE 12, 1990 - 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 Allan Nottingham at 7:45 p.m.
A roll call was taken with David Garton, 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 Municipal Services Larry Brooks, Director of Engineering Norm
'Wood, Police Chief Art Dalton, Fire Chief Charlie Moore, Town Clerk
Patricia J. Doyle, as well as, members of the press and public.
The Mayor called for Citizen Input.
Jo-An Barnett, Executive Director of Avon/Beaver Creek Resort
Association approached the Council.
Ms. Barnett reviewed the upcoming Special Events for Avon. She stated
that Summer Solstice would be held June 23, 1990 with three rock and
roll bands. The Salute of U.S.A would be held July 3, and the
Balloons, Bluegrass and Barbecue would he held July 13-15 with six
Bluegrass Fusion bands. She stated that they would present their new
full color poster(Summer in Avon)which would be distributed to*fifty of
Colorado's highest paid executives, as well as, 2,000'business owners
and executives at the Tech Center and downtown Denver Zip Codes..
She stated that the Resort Association recently issued a Mission Statement
Goals and Objectives for the organization. It gave some indication
of the direction the organization was headed. Ms. Barnett then
presented the Town of Avon's Banner for the Council's review. She
stated that it would b6,-hung in front of the First Bank of Avon so as
to advertise Summer Solstice Event. She stated that each event
would be advertised using the same banner. Posters would be posted
and distributed through-out the Town and the surrounding areas. She
stated that as far as Salute to U.S.A Event was concerned, the Resort
was bringing in a National Television Network(USA Network) to come
in and film the event. It would be aired on July 27th and 28th at
9:00 p.m. Ms. Barnett also mentioned that Jay Parker was working on
a concert for the area in August as a Fund Raiser to end the season.
She stated that at the end of the season, they were working on a Horse
Show. There would-be a lot of Social Events scheduled around this
show, such as, a Ball, a Musical, a Hunt Breakfast and polo.
She stated that also, somewhere in the area, they would be holding
a Fiesta. She was again requesting that Council underwrite a loss
of $8,000 through the event of Balloons, Bluegrass, and Barbecue at
this time. She stated that looking ,'at these events they found
that it was a high risk, because of,the outdoor stage:-.The high cost
of insurance and the Chamber's Board was requesting that they not
only have liquor insurance, but also the staging has increased in
price as well. She stated that the insurance requirements-have also
changed. Because of the unpredicable nature and competition-of
other events, she asked that the Council honor the underwriting request.
The total amount of the underwriting loss, was $24,000 for all three
events. She stated that she did not anticipate this kind of loss and
that it would be extremely remote.
Councilman Garton suggested that if the Town took a $5,000 loss
on one of the events, could the Town be covered that amount if the
next event showed a profit.
Ms. Barnett stated that it could be done.
Councilman Stovall was hesitant for the Town to enter into an agreement
to where they would underwrite each event for $8,000. He stated
he would support underwriting one of the events for $8,000, but not
for all of them.
Councilman Davis stated that he would like to look at the Associations
budget so that he could make a good decision of this request.
Ms. Barnett stated that she would pull more information together and
that she understood the Council's position.
The Mayor thanked Ms. Barnett for her presentation.
There being no one else wishing to be heard, the Mayor closed the
Citizen Input portion of the agenda.
First reading of Ordinance NO. 90-5, Series of 1990, AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF AVON, COLORADO,
MULTIFAMILY HOUSING REVENUE BONDS (EAGLE BEND PROJECT).SERIES OF 1990
IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,0.00,000 TO FINANCE THE
CONSTRUCTION OF A MULTIFAMILY RENTAL HOUSING PROJECT TO PROVIDE MORE
ADEQUATE RESIDENTIAL HOUSING FACILITYES.FOR LOFT AND MIDDLE INCOME
FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN;
AUTHORIZING THE EXECUTION AND DELIVERY BY THE TOWN OF A.FINANCING
AGREEMENT, INDENTURE OF TRUST, REGULATORY AGREEMENT, NET OPERATING
LOSS AGREEMENT, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION
THEREWITH; APPROVING THE FORMS OF A DEED OF TRUST AND COMPLETION
GUARANTY; ACKNOWLEDGING THE USE OF A PRIVATE PLACEMENT MEMORANDUM,
MAKING CERTAIN DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND
AS TO OTHER MATAERS RELATING TO SUCH BONDS; REPEALING ACTION HERETOFORE
TAKEN IN CONFLICT HEREWITH.
-2-
•
•
This Ordinance was in regard to the Private Activity Bonds allocation
that the Town of Avon received from the State of Colorado for five
million dollars.
Calvin Hanson with Sherman & Howard, the Town's Bond Counsel, approached
the Council.
Mr. Hanson stated that Ordinance No. 90-5, Series of 1990 would approve
the issuance of the Town's Bonds for the purpose of funding this project
for Eagle Bend. These Bonds were Conduit Bonds and the only
revenue budgeted to the payment of the bonds would be project revenues.
The project was sponsored by Eagle Bend Partnership, which was a
Limited Partnership and would have Vail Associates as a partner and
Eagle Bend Partnership, a private entity, as its other partner. Mr.
Hanson stated that the ordinance was presented to the Council for
first reading and that a public hearing would be scheduled for second
reading on June 26, 1990.
The Mayor entertained a motion.
Councilman Davis moved approval of Ordinance No. 90-5, Series of 1990
on first reading, which was authorizing the issuance and the sale
of Town of Avon, Colorado multifamily housing revenue bonds for the
Eagle Bend project. The motion was seconded by Councilwoman McRory.
There being no further discussion, the Mayor called for roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were
no nay votes. The motion was unanimously carried.
Resolution No. 90-17, Series of 1990, A RESOLUTION CONCERNING A
PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS
"TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1";
DECLARING THE NECESSITY OF THE UTILITY LINE PROJECTS; DETERMINING
THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION
OF THE UTILITY LINE PROJECTS TO BE MADE: PRESCRIBING THE DISTRICT
TO BE ASSESSED AND THE SEPARATE ASSESSMENT UNITS; APPROVING AND
ADOPTING THEREFOR THE PRELIMINARY PLANS AND SPECIFICATIONS, THE
PRELIMINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND MAP,
AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A
NUMBER OF DETAILS CONCERNING THE DISTRICT, THE UTILTY LINE PROJECTS
THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY
ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE
FOR THE HEARING ON THE IMPROVEMENTS; AND PRESCRIBING NOTICE OF THE
HEARING.
Mr. James stated that there were representatives from Heritage
Communications, Inc., and also from Public Service Company here to
give the Council a brief presentation. He stated that the establishment
of a Special Improvement District would take a lot of time to
complete. He requested that Council approve Resolution No. 90-17
which would authorize staff to mail out notices to potential assessments
against the owners property with an estimated amount.
-3-
i. •
He stated that from that point, there would be a public hearing on
June 26, 1990, and an ordinance presented for first reading of the
creation of the Special Improvement District, and authorization to
issue the bonds; a second public hearing was scheduled for July
10,1990, which the Council would receive additional input and would
take final action on the creation of the Special Improvement District.
He stated that there was a challenge period until August 17, 1990.
At'that point, they would proceed to construct the improvements in
Wildridge, which would take approximately six weeks. The Council
would then go through a final assessment process.
He stated that the process would be completed February 2, 1991. He
stated it would take a joint effort for the utility companies and
the residents of Wildridge to make it work:
Discussion followed.
Mr. James then reviewed the process and the figures with the Council.
(See Notice attached to these minutes).
Jeff Hughes, District Engineer for Heritage Communications, Inc.,
approached the Council. Mr. Hughes discussed Heritages's plan for
the Wildridge Subdivision. Mr. Hughes stated that the cost to
construct the rest of the system to Wildridge was $125,000. He
reviewed the proposed plans with the Council. He stated that with
the fifty to sixty homes in Wildridge for the past four or five
years, it did not :make sense for Heritage to extend their cable to
Wildridge. He stated that with this Special Improvement District
it would give them the-potential to serve every lot in Wildridge.
He stated that as of date, the Franchise Agreement stated that there
was required forty homes per mile of plan construction to make it
possible for service.
Jerry Bonsor, District Manager for Public Service Company for Eagle
County, approached the Council.
Mr. Bonsor stated that they had gone ahead and done the engineering
study for the Wildridge Subdivision. He stated that their gas line
presently ends at the Benchmark Cleaners on Metcalf Road. He stated
that they had put this project out to bid, and out of seven contractors,
on contractor bid the job, which came in at a cost of $1,198,213, which
the company was not impressed. He stated that with Public Service
Company's orignial estimate, using their general contractor, which was
located in Eagle County, and based on his contract with Public Service,
they could do the job for $1:4 million-.--and which would include
Block 5 of Wildridge.
Mr. Bonsor reviewed the risks and the refundable monies for Public
Service Company. He-stated that they would allow $240.00 per meter as
free construction cost. The individual still would have the cost of
the service from the Main in the road to the individual unit, which
would probably exceed $240.00.
-4-
•
Mr. Bonsor stated that
proposed that they make
the cost from the-Main
would take the $240.00
Discussion followed.
i
after discussion with Mr. James, it was
that $240.00 allowance toward the homeowners,
to the home would be $400.00, and they
off when the homeowners paid the difference.
Gary Hall, District representative for Public Service Company approached
the Council. Mr. Hall provided the Council with some energy
profiles and basic examples of some utility conversions.
John Dunn then reviewed the revised resolution-.with the Council.
Councilman Garton suggested that Council proceed with a public
relation-.:effort to inform the residents and the owners of the vacant
lots, of this Local Improvement District issue.
Councilman Garton moved approval of Resolution No. 90-17, Series of
1990. The motion was seconded by Councilman Davis and was unanimously
carried.
Next on the agenda was the discussion on the TV Translator System.
Norm Wood stated that the Eagle County TV Translator Committee met
on the 31st to review the action of the Eagle County Commissioners
and to discuss further actions needed to present the TV Translator
System as a Ballot Issue in the November general election.
He stated that the Committee decided that the previously proposed
service area should be expanded to include the remainder of the
",Gypsum area and the area-along the Colorado River from Bond/McCoy
to Doterso. The Committee also decided the previous financial plan
should be updated to include possible cost increases as well as the
additional cost to include service to the added areas. It was
requested that Stan Bernstein and Neil Gaalen review the previously
committed funds which had not been expended._
The estimated cost was $500 to $700 to review the additional sites
required to service the added area and update costs from the previous
service plan.
Councilman Reynolds moved to authorize the expenditure of $700 to,-,
review the additional sites. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Next on the agenda was a Proclamation proclaiming the month of June
as Recycling Month. The Mayor read the proclamation into the record.
It was the consensus of the Council to proclaim the'month of June
as Recycling Month.
-5-
~J
Next on the agenda was discussion
Design. The proposed play ground
end of the park. There were two
with the Council.
•
and revaiew of the Play Ground
would be placed at the south
designs. Mr. Brooks reviewed both
After discussion the Council agreed that the free flowing design would
be the appropriate one.
Next on the agenda was discussion of the access in regard to the
proposed Hardee's Restaurant.
Mr. James stated that Pat Barron and Mark Donaldson were present to
discuss and request a change in regard to the road work and access
to their lot for potential of construction of a restaurant for the
pad that they developed for a fast food restaurant at the Annex
site.
Pat Barron representing Otis Development, and himself as part owner
of the restaurant, approached the Council. He was requesting direction
of the Council to proceed with the engineering plans necessary
to re-locate the easement which they granted to the Town, at the
request of the Town Council. He stated that they would revert to the
plan much like the one that was approved by the Town staff earlier.
He stated that the re-location of the easement would not adversely
effect any adjacent property owners, and the consent of the re-location
would allow them to complete their engineering study and finalize
the development of the Annex Shopping Center with the addition of
the Hardee's Restaurant. He stated that they were referred to the Town
Council by the Planning and Zoning Commission in which they recommended
by a vote of 4 to 2 that they were to proceed to the Town Council
for direction.
Mr. Barron gave a brief history of the proceedings that led to this
current request. Mr. Barron reviewed the proposed site plan with the
Council. The building was designed for a different restaurant(Kentucky
Fried Chicken) which required 2300 square feet. Hardee's Restaurant
required 3300 square feet of space. He stated that this plan was
much more efficient in that seven more parking spaces were added, and
2, that the building would be where it belonged in terms of visiability
to Avon Road.
Discussion followed.
Councilman Davis stated that the staff has been
Circulation Plan. That plan would be presented
next meeting. Councilman Davis stated that the
was not as good as it could be. He stated that
reviewed the Circulation Plan that was being pr,
support this request.
working on the
to the Council at the
circulation of traffic
until the Council
Dposed, he could not
Mr. Barron stated that they were just asking to re-locate an
easement that the developer gave to the Town, at the Town's request.
-6-
They were increasing parking which was more efficient from a
planning standpoint.
Mr. Barron was not sure what the circulation study would show, but,
it should not stand in the way for discussing this request.
Councilman Davis stated that the study was a much larger issue than
the'presently discussed lot of Otis Development. He stated that
it was the circulation and access of that entire area. It was
critical to the success of that whole area including Mr. Barron's
project. Again, he stated he could not come to a decision until
he could review the study.
Mark Donaldson stated that probably this issue whou-ld go back before
the Planning and Zonung Commission for discussion.- He stated that the
proposed separated Grade Crossing was creating a lot of traffic
problems. Tract Q was not being considered for re-development at
this time. -The 182 Building was in need of access to their property
one way or another. He stated that Option ."E" Plan that they were
proposing allowed either point to work as well as it could at this
point. He stated that in all probability there would not'be any
suprises in the traffic report as to what needed to be,done.
Discussion followed.
At that point, Councilman Davis stated that Council should look at
the.traffic.study before a decision could be made.
The Town Council agreed.
The Town Attorney reported on the Avon Metropolitan District's
litigation. Mr. Dunn stated that Judge Jones took the Case under
advisement and would provide a decision within 30 days.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #8. The motion
was seconded-by Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for June 12,'1990. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the Reconcilation Sheet of
Accounts Payable for June 12, 1990. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the May 25
Council meeting minutes as presented. The motion
Councilman Garton and was unanimously carried.
and the June 1, 1990
was seconded by
-8-
0., 1 1 0
There-being no further business to come before the Council, Councilman
Reynolds moved to adjourn. The motion was seconded by Councilman:,-,
Garton. The meeting was adjourned by Mayor Nottingham at 10:00 p.m.
-9-