TC Minutes 07-24-1990MINUTES OF THE REGULAR COUNCIL
MEETING HELD JULY 24, 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 7:35 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Gloria McRory,_
Jim Stovall and-Jerry Davis present. Councilman Garton was absent.
Also present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering Norm Wood, Director of Municipal Services
Larry Brooks, Police Chief Art Dalton, Director of Planning Rick
Pylman, Town Clerk Patricia J. Doyle, as well as, members of the press
and public.
The Mayor called for Citizen Input.
Ed Everett, resident of the Benchmark Mobile Home Park, approached the
Council. He,discussed the Park an& the concerns the residents had of
loosing their park. He asked ;mat it would take to initiate another
Bond Election.
Councilman Stovall stated that the Council needed to see support from
those residents.
It was stated that the Bond Election was held with the trailer park
residents best interest in mind.
Councilwoman McRory stated that the residents should have'--come forth
and had the issue explained to them. There was no communication between
the residents of the park and the Council.
After some discussion, the Council agreed that Mr. Everett needed to
circulate a petition so as to initiate another Bond Election.
There being no one else wanting to be heard, the Mayor closed the Citizen
Input portion of the agenda.
Second reading of Ordinance No. 90-10, Series of 1990, AN ORDINANCE
FOR THE TOWN OF AVON, COLORADO, AMENDING CHAPTER 12.08 OF THE AVON
MUNICIPAL CODE RELATING TO LOCAL IMPROVEMENTS TO PERMIT SPECIAL
ASSESSMENTS TO BE COLLECTED BY THE COUNTY TREASURER.
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Dee Wisor, representing Sherman & Howard, Bond Counsel, approached the
Council. He stated that the second reading of this ordinance would
permit the County Treasurer to collect these special assessments for the
Town.
Mr. Wisor then reviewed the other ordinances and resolutions relating
to the Special Improvement District and the Railroad Crossing on Avon Road.
Second reading of Ordinance No. 90-11 would establish a utility Capital
Facilities fee; so when and if any, of those developed properties do
connect to the utilities of either gas or cable, the Town would be
covered to be able to collect those fees.
He stated that Resolution No. 90-26 would determine the costs of the
improvements, and would direct the Town Engineer to file an Assessment
Roll with the Town Clerk's office.
Resolution No. 90-27 would fix a time and place for a hearing on the
Assessment Roll.
First reading of Ordinance No. 90-13, would authorize obligation
bonds in the principle amount of $1,400,000 for the Railroad Crossing
on Avon Road. He suggested that Council adopt this ordinance on first
reading and schedule second reading for August 24th.
The Mayor then entertained action on Ordinance No. 90-10, Series of
1990 to bring it to the table.
Councilwoman McRory moved approval of Ordinance No. 90-10, Series of
1990 on second reading. The motion was seconded by Councilman Stovall.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard,the Mayor closed the public hearing.
There being no discussion from the Council, the Mayor called for a roll
call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
Second reading of Ordinance No. 90-11, Series of 1990, AN ORDINANCE
CONCERNING THE ESTABLISHMENT OF A UTILITY CAPITAL FACILITIES FEE; AND
PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS.
Councilwoman McRory moved approval of Ordinance No. 90-11, Series of
1990 on second reading. The motion was seconded by Councilman Reynolds.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
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There being no discussion from the Council, the Mayor called for a
roll call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
Resolution No. 90-26, Series of 1990, A RESOLUTION CONCERNING THE LOCAL
IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON,
COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1," RATIFYING ACTION
HERETOFORE TAKEN; DECLARING THE NECESSITY OF THE UTILITY LINE IMPROVEMENTS;
DETERMINING THE COST OF THE UTILITY LINE IMPROVEMENTS; AND DIRECTING
THE TOWN ENGINEER TO TAKE CERTAIN FURTHER ACTION IN CONNECTION WITH
THE DISTRICT.
Councilman Reynolds moved approval of Resolution No. 90-26, Series of
1990. The motion was seconded by Councilman Davis and was unanimously
carried.
At that point, Norm Wood, Town Engineer stated that he had filed the
Assessment Roll with the Town Clerk.
Resolution No. 90-27, Series of 1990, A RESOLUTION CONCERNING THE LOCAL
IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO,
LOCAL IMPROVEMENT DISTRICT NO. 1990-1," RATIFYING ACTION HERETOFORE TAKEN;
FINDING SATISFACTORY THE REVISED AND DETAILED ESTIMATE OF COST, THE
FULL AND DETAILED PLANS AND SPECIFICATIONS, THE REVISED MAP AND
ASSESSMENT PLAT AND THE REVISED ASSESSMENT ROLL, FIXING TIME AND PLACE
FOR A HEARING ON THE ASSESSMENT ROLL; AND PRESCRIBING THE NOTICE OF
HEARING.
Councilwoman McRory moved approval of Resolution No. 90-27, Series of
1990. The motion was seconded by Councilman Reynolds and was unanimously
carried.
First reading of Ordinance No. 90-13, Series of 1990, AN ORDINANCE
CONCERNING GENERAL OBLIGATION BONDS OF THE TOWN OF AVON, COLORADO
(THE "TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN'S GENERAL
OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,400,000 FOR
THE PURPOSES OF DEFRAYING THE TOWN'S SHARE OF THE COSTS OF CONSTRUCTING;
OTHERWISE ACQUIRING, EQUIPPING, EXTENDING, IMPROVING AND DEVELOPING
A RAILROAD UNDERPASS IN THE TOWN; PROVIDING DETAILS CONCERNING THE BONDS;
THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE
LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRINCIPAL OF AND INTEREST
ON THE BONDS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH
BONDS; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
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Councilwoman McRory moved approval of Ordinance No. 90-13, Series of
1990 on first reading. The motion was seconded by Councilman Reynolds.
The Mayor entertained a roll call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
First reading of Ordinance No. 90-12, Series of 1990, AN ORDINANCE
APPROVING CERTAIN LEASE AGREEMENT.
Mr. James stated that at the last meeting, the Council directed the
Town Attorney to draft a Lease Agreement for the purchase of the
Checkmate Statue. The payments would be over a three-year period at
an approximate figure of $53,000 a year with a minimal interest rate.
The Mayor entertained a motion.
Councilwoman McRory moved approval of Ordinance No. 90-12, Series of
1990 on first reading. The motion was seconded by Councilman Reynolds.
There being no further discussion, the Mayor called for a roll call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
Second 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(EAGLEBEND PROJECT) SERIES 1990 IN
THE AGGREGATE PRINCIPAL AMOUNT OF $5,000,000 TO FINANCE AND CONSTRUCTION
OF A MULTIFAMILY RENTAL HOUSING PROJECT TO PROVIDE MORE ADEQUATE
RESIDENTIAL HOUSING FACILITIES FOR LOW, AND MIDDLE-INCOME FAMILIES AND
PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE
EXECUTION AND DELIVERY BY THE TOWN OF A FINANCING AGREEMENT, INDENTURE
OF TRUST, REGULARTORY AGREEMENT, NET OPERATING LOSS AGREEMENT, CLOSING
DOCUMENT$'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 MATTERS RELATING TO SUCH BONDS;
REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH.
Councilwoman McRory moved approval of Ordwnance No. 90-5, Series of
1990 on second reading. The motion was seconded by Councilman Reynolds.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
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Mr. James requested that Council continue the public hearings until
August 14, 1990. The fact that Eaglebend developers did not have their
final financing rate as yet.
Councilman Davis moved to table Ordinance No. 90-5, Series of 1990
until the August 14th meeting. The motion was seconded by Councilman
Stovall and was unanimously carried.
Next on the agenda was the discussion of the Berry Creek 5th Filing.
Councilman Stovall gave an update report on this matter. He stated
that the Committee came up with a proposal as a possible means of
funding the property. It was based on Assessed Valuation. Avon's
portion was $21,461.00 per year for ten years. He stated that the
problem was that this concept was a means of acquiring the property,
but there was no money to start any construction. He stated that the
Committee wanted to go back to George Gillett to see if they could
get the contract signed over to Vail, or, into the new group, without
any limitations.
Discussion followed.
It was the consensus of the Council to participate with the purchase
of the property(See attached memorandum to these minutes).
Larry Brooks reported on the Christmas lighting for Avon Road.
He stated that Council wanted to see a plan for more "French Pastry"
for the holiday lighting along Avon Road.
The Council then reviewed the renderings of the proposed plan. The plan
showed large snowflakes, large christmas bulbs and designer christmag
trees. The total project amount would be $50,000. Mr. Brooks stated that
Avon could be put on the trading block which meant, that cities and
towns trade christmas decoration or designs.
Councilman Reynolds suggested that a large tree be placed in the park
during the holidays. Mr. Brooks stated that he was looking into that
project.
Councilman Davis suggested that some large Snowmen or Reindeer designs
be put into the park for the children.
After some discussion, Councilman Davis moved approval of the expenditure
of $50,000 for the Christmas decorations as per the designs shown
in the proposed plan.' The motion was seconded by Councilwoman McRory
and was unanimously carried.
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The Town Attorney reported on the decision of Judge Jones in respect
to the Avon Metropolitan District's Litigation.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved approval of the Cosgriff, Dunn and Abplanalp
invoice. The motion was seconded by Councilman Stovall and was
unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for July 24, 1990. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for July 24, 1990. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the June 26th, the continued
meeting of July 3rd, the regular meeting minutes of July 12th, and
the special meeting of July 17th, Council meeting minutes as presented.
The motion was seconded by Councilman Stovall and was unanimously
carried.
Councilwoman McRory stated that she was appointed to a committee in
respect to taking pledges for the Cancer Foundation.
No Action was taken.
There being no further business to come before the Council, Councilman
Stovall moved to adjourn. The motion was seconded by Councilwoman
McRory. The meeting was adjourned by Mayor Nottingham at 8:55 p.m.
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OSPACE
PROPOSED INTERGOVERNMENTAL PURCHASE OF
BERRY CREEK FIFTH FILING
Y
-ALLOCATION OF ANNUAL COSTS
BASED UPON ASSESSED VALUATION
ASSESSED
PERCENT
ANNUAL
VALUATION
OF TOTAL
PAYMENTS
Vail
283,235,320
62.31%
171,980-
. ~
Beaver Creek Metro L
72,325,870
15:91%
43,916
Avon
35,344,450
7.78%
21,461
Eagle-Vail Metro
30,203,650
6.64%
18,340
Berry Creek Metro
12,413,130
2.73%
7,537
Arrowhead Metro
10,948,600
2.41%
6,648
Edwards Metro
7,543,570
1.66%
4,580
Lake Creek Meadows Mater
2,532,420
0-:56%
=
1,538
TOTAL
454,547,010
100.00%
276,000
Based upon $1,890,000,total costs.
8.00 percent for 10 years.
Financing calculated at