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TC Minutes 02-25-19920 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 25, 1992 - 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 Jerry Davis at 7:30p.m. A roll call was taken with Councilors Charlie Gersbach, John Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Planner Jim Curnutte, Police Chief Art Dalton, Sergeant Gary Thomas, Fire Chief Charlie Moore, Public Relations Officer Teresa Albertson, Town Clerk Patty Neyhart, as well as members of the press and public. First item to come before Council under Citizen Input was Bungee Jumping. Ms. Lesley Davies, representing Aero Vail, questioned Council on the status of bungee issues. Mayor Davis commented that in essence, Council did nothing. Bungee jumping was brought before Council to see if there was a concern. From the regulation stand point, sometime ago Council was requested to enact an ordinance to allow balloons to take off and land in the Town of Avon. In addition, the Town does not have an ordinance that prohibits bungee jumping. At the past Council meeting, Council did inquire about insurance and safety. Ms. Davies volunteered to answer any questions Council may have with regard to safety. Councilor Gersbach questioned operation of bungee jumping; as long as the permission of the land owner is secure. Mr. Bill James responded that the Town Staff viewed bungee jumping as a commercial operation and the Swift Gulch area is zoned for commercial operation. Mr. James mentioned Eagle County viewed 4-Eagle Ranch as being zoned for recreational purposes and bungee jumping as recreational activity. Ms. Davies stated there is bungee dumping in Wolcott at 4-Eagle Ranch presently. Council agreed to further discuss pro/con of bungee jumping at a later meeting with both parties in attendance. Next under Citizen Input was a Public Hearing on the proposed Special Improvement District No. 1992-1. Mr. James announced that Staff has a presentation to explain to Council and the Public the proposed improvements, estimated costs and planning process that the Town has gone through. With that in mind, Mr. James introduced Mr. Rick Pylman. 0 Mr. Pylman informed in early 1989, the Town of Avon (Council and Staff) decided that, to focus policies/community directions/and goals, a comprehensive,plan should be written and documented. In May, 1989 the Town started the process of the Comprehensive Plan. .A Denver planning firm, EDAW, Inc., along with a local planner, Peter Jamar were hired to work on the Plan. Close to one year was spent working on the Plan with Staff, Planning Commission, and Council. Many public meetings were held to.get community input for development of goals and objectives. The Comprehensive Plan was then adopted in March, 1990. The Comprehensive Plan addressed many issues; land use, economic development, housing, community facilities, and transportation. The Plan discussed and gave policy direction on annexation issues. The Plan talked of the environment, recreation, and image and community design issues. As,soon,as the Plan was adopted, the Staff and Council started implementation of•some of the recommendations; goals, and policies of the,Plan. Presently, two housing projects are completing construction. The Zoning Code has been rewritten. The Recreation Master Plan has.recently been adopted. An Urban Design and Streetscape-Plan and a Transportation Master Plan were adopted this Fall. The issue,tonight; Street Improvements are basically the first phase implementation,of the Urban Design and Streetscape Plan and .the Transportation',Master Plan. The-Transportation Master Plan came first and based on the revised zoning code and based on some peak season traffic counts taken in December, 1990 (the traffic .consultants used were Felsburg, Holt, and Ullevig in Denver) a Trip Generation Model, for each piece of property within the Town and pieces of property assumed to be annexed into Town or influence the transportation system within Avon, was developed. Based on the Model, road and intersection improvements were designed to accommodate the traffic needs of the Town from now through the eventual buildout of the Community. The Transportation Master Plan indicates, with todays level of traffic, the Town needs to undertake the first phase of improvements. Shortly after adoption of the Transportation Master Plan, the Town adopted the Streetscape and Urban Design Plan. This is an expansion and detailing of concerns raised in the Comprehensive Plan process about community image and design. This Design Plan/image was a very strong public concern thru the Comprehensive Plan process and a reason it was one of,the first implementation plans out of the Comprehensive Plan. The, Streetscape and Urban Design Plan is a two part study. One part is the Urban Design Plan and represents new architectural guidelines. The other part is the Streetscape Plan and incudes the landscaping of streets and public properties, sidewalks, lighting; crosswalks, benches, etc. The Streetscape and Urban Design Plan was adopted this past fall. Mr. Pylman summarized, with the adoption of the Comprehensive Plan and followed by the Transportation Master Plan and Streetscape and Urban Design Plan, those adopted Plans bring the Town to the current phase of Proposed Local Improvement District No. 1992-1. Mr. Pylman then introduced Mr. Norm Wood. -2- Mr. Wood gave details of the Proposed Local Improvement District No. 1992-1 with wall maps of plans and specifications to assist the presentation. Mr. Wood stated a portion of the proposed improvements that was recommended by the Streetscape and Urban Design Plan as well as the Transportation Plan was implemented last year with construction of the separated grade crossing near Highway 6 on Avon Road up to Beaver Creek Blvd. and included widening of Avon Road to 5-lanes. Part of the improvements recommended in the Transportation Plan are that those improvements be extended from Beaver Creek Blvd. up to I-70 and also on Beaver Creek Blvd. east and west of Avon Road. The proposed improvements include widening Avon Road on the northbound lane from Beaver Creek Blvd. to the eastbound ramp of I-70. This would add a right turn lane through the intersection up to I-70 eastbound. In conjunction with the Sunroad Subdivision, improvements would include curb and cutter and revision of the entrance on the northeast bank property. The improvements to Beaver Creek Blvd. include widening to a 5-lane section west of Avon Road; going back to the west entrance of Avon Center past the bank; and back to the new Sunroad Subdivision as proposed to be the new Post office site. Going East; widening to a 5-lane section in front of Christie Lodge and improvements of an exclusive right turn lane onto Beaver Creek Place. Eight foot wide Sidewalks will be installed on the west side of Avon Road along the improvements and on the north side along Beaver Creek Blvd. in front of Christie Lodge. Landscaping that was not done from the previous street improvements (separated grade crossing) of $165,000 will be carried over for this Improvement District. Landscaping to implement the Urban Design and Streetscape Plan will include lighting along the walkways from Highway6 continuing up Avon Road to I-70. In addition, numerous trees, wildflower, grasses, decorative concrete, trash bins, benches, flower pots, low concrete walls, shrubbery, will be included in the landscaping plan. The Avon entrance sign on the north side of I-70 will be replaced and include a water feature. Another Avon logo will be placed on the retaining wall near Hurd Lane. one piece of right-of-way, the south end of Tract Q along Avon Road, will be acquired. Estimated cost of the improvements is $1,432,224 and includes all the streetscape improvements, street improvements, construction engineering and $275,000 for the Sidewalk Society Statues. Total projected cost is estimated at $2,052,524. Contributions total $897,500 and are as follows: the Town of Avon $663,750, the remaining funds of $165,000 from the separated grade crossing, and the Avon Arts Trust $68,750. Balance of $1,155,024 is proposed to be funded by Local Improvement District 1992-1 property assessments. The boundaries of the proposed Local Improvement District 1992-1 include; the area north of Interstate 70 including C-Mart and Pizza Hut and Wildwood Resort Lot 1. The District south of I-70 includes all property within Town boundaries east of Avon Road. The west side of Avon Road the District includes everything over to Benchmark Road, Comfort Inn and then west of Benchmark Road also includes Beaver Creek West, Falcon Point, and Lot 46 which is undeveloped. South of the railroad tracks the District includes Lot 1 Nottingham Station which is the proposed Diamond Shamrock Site. -3- 0 0 Distribution of assessments are based on vehicle trips per day. In determining trips per day, the Transportation Master Plan was used as well as the Trip Generation Manual. To summarize; projected trip volume for residential/hotel units is 6 trips per day or $137.37 total assessment and for commercial space is projected at 60 trips per day per 1,000 square feet or approximately $1,374.00. Assessments would be covered by a Bond issue. The Bonds would offer options for payment of the assessment; either in a one time/lump sum or 15 payments over 15 years with current interest rate of 7 1/2%. Assessments can be paid anytime in full. There are four adjustments to the Special Assessment District. Lot B, Avon Center at Beaver Creek, basicall a parking lot that has restrictions on the lot, is assessed at 31,893.73. That assessment has been requested to be dropped, subject to an agreement that when the lot is developed, it be assessed at that time. That $31,893.73 would be added to the Town's participation. An area that the Transportation study was inconsistent was Lot 61, Block 2, which is the lot immediately east of the Grand on Avon. That assessment has been reduced from $70,353.66 to $20,398.91. The difference of $52,954.75 would be added to the Town's participation. Another inconsistent area from the Transportation Study was Lot 1, Lodge at Avon or better known as Avon Towne Square Property. That lot is assessed at $82,419.94 and would be reduced to $50,223.90 with the Town picking up the difference of $32,195.94. The other site, the Post Office does not pay assessments and thus the Town would pay $39,668.67. Total adjustments of $157,000 would be added to the Town's participation and all other property assessments would remain the same. The Town's participation represents approximately 50%. The adjustments made are basically on undeveloped sites. Bond Counsel, Mr. Dee Wisor informed that the process this evening will be a public hearing process and once that opens it will be an opportunity for people to object both to the creation of the district, improvements to be made, and more specifically to assessment methodology as it applies to specific properties. At the conclusion of the hearing the Council can then determine to not proceed with the District or to proceed with adjustments or to proceed with the District without the adjustments. After the construction contract is levied and the bonds are issued the actual assessment process will occur and will be an additional notice of hearing and opportunity to again raise issues about assessments at that time. Mayor Davis mentioned that during this particular process, the Town has had three well attended public meetings. Tonight is the public hearing. Prior to that time the Town adopted the Streetscape Plan and Urban Design Plan with several public hearings. In addition the Town adopted the Transportation Master Plan after public hearings. All processes had public meetings and public hearings. Mayor Davis added that Council can reduce this proposed assessment district, but can not increase. Mayor Davis opened the meeting for public hearing. -4- • 0 Mr. David Yoder, with Yoder Engineering and homeowner within the proposed District, mentioned a three page letter dated February 13th that was submitted earlier. (The letter was received and is included in Council's packets). Mr. Yoder requested other letters received be entered into the record. Mr. Yoder stated the Special Assessment District is wrong. Mr. Yoder requested at least four Councilmembers vote no on this proposed Special Assessment. Mr. Yoder requested Council to delay this issue; take time to look at the funding mechanism. Mr. Yoder added the funding mechanism is not fair. Councilman Gersbach questioned Mr. Yoder on suggestions of funding. Mr. Yoder responded that payment should come from the General Revenues of the Town of Avon and phase in the project over an extended period of time. Mr. Jack Garland, owner at Beaver Creek West, stated he is very much in favor of the project; something that needs to be done. Mr. Garland stated the method of assessing is not fair and added that the neighbors of Beaver Creek West, west/Beaver Bench and east/Greenbri.ar, are not being assessed. Mr. Garland stated ideally it would be a good idea to expand the District to get more participation, however since the District can not be expanded, Beaver Creek West, being residential condominiums, should be excluded. Mr. Rick Rosen, business owner in the Town of Avon and also representing Wildwood Investments, owner of Benchmark Plaza, mentioned that as legal expert in the Town this is perhaps a flawed system that is being presented. Mr. Rosen added the Town does need a project such as this; Avon needs to provide an atmosphere that is conducive to the tourist, owners, and business community. Mr. Rosen stated a special improvement district is a two part test; the special improvement district needs to provide a general benefit to the Town at large which Mr. Rosen stated it does. However, Mr. Rosen added that he does not believe it provides special benefits to those property owners within the district. The special benefits are clearly define in the Statutes. Mr. Rosen believes that there will be some property owners come before Council, object, and possibly take the Council on. Mr. Rosen added that it is only required to have 10% of the populist that voted in the last general election to sign a petition therefore call a referendum for a vote. If that happens, not only will the Town pass something that could in fact be turned down by an election, this could be a costly election for the Town of Avon. That one reason, Mr. Rosen is requesting council to table this issue or to stop it tonight. Secondly, Mr. Rosen continued, the Statutes are specific as to what types of improvement can be included in a special improvement district. Mr. Rosen does not see where art or landscaping are part of that improvement within the perimeters provided. Mr. Rosen objected to the advertising for bidding; Mr. Rosen understands that the manufacturer and distribution of the lights have already been selected. Mr. Rosen added that clearly the Statutes require this has to go out for bid. Mr. Rosen stated he has yet to figure out where the Town got the trip survey; 6 trips per day for residential, 6 trips per day for hotel; clearly those are not identical units so there must be a difference there. Mr. Rosen questioned tabulation of the same trips per day for commercial space such as an accounting or law firm identical to that of a restaurant. Mr. Rosen informed the Town has tagged the two totally different types of businesses; maybe the Town has helped the restaurants and hindered the small corporate businesses around Town. Mr. Rosen mentioned a triple net lease that the property owner may assess the business owner. Mr. Rosen urged Council to table this; delay, and take a look at it. -5- • • Mr. Gary Stevens, accountant, stated he is not against the improvements, but does not understand why the business owners benefit any more than all the tourists and all the people that live in Avon. Mr. Stevens suggested payment from the General Obligation Fund and phase in if needed. Mr. Tom Backus, general partner of a small commercial building on Metcalf Road which is not part of this District and a realtor with Slifer, Smith, and Frampton, commented he has three listings in Avon. Mr. Backus submitted a letter from one of the listings. Mr. and Mrs. Nevison wrote objections regarding the fairness of the assessment; basically they are on the other side of the Interstate and do not see how they benefit as much as people on this side. Mr. Backus commented the plan is really very good and necessary. Mr. Backus complemented Mr. James, Mr. Pylman, and Mr. Wood. However, Mr. Backus questioned the fairness of the funding. Mr. Backus suggested spending more time to look at this further. Councilman Gersbach questioned funding; Mr. Backus had no suggestions on funding. Mr. Tom Steinberg, representing a partnership with property in Vail and Avon, stated the partnership will be affected by this assessment significantly by increasing taxes 10% annually for the next 15 years. Mr. Steinberg suggested payments from the General Fund over a longer period of time. Mr. Steinberg questioned present time schedule. Mr. Steinberg commented on advantages of paying from General Fund; significant portion would come from sales tax and in that case the user pays, including tourists. Mr. Steinberg added that Avon is paying a significant amount to Bond Counsel, which through General Fund this money would stay in General Fund for improvements. Mr. Steinberg mentioned that every special Improvement District costs the County to collect the taxes. Mr. Dave Cole, owner of Lot 56; commercial lot zoned for office or retail, stated he is in favor of the improvements proposed. Mr. Cole has been a realtor in the area for over 20 years and added that he sees a benefit to the entire Town of Avon and every single property owner in Town. Mr. Cole requested this be put into a General Fund, vote down the special district assessment, to get into a fairer proportion in the future. Ms. Rhoda Schneiderman, homeowner in Wildridge that is not affected by the proposed special assessment district, commented that she would like the business owners in Town to get a break. Ms. Schneiderman feels it should be paid from the General Fund; a Town of 1,500 people with a budget of $10,000,000 should be able to find $500,000 annually to put towards it. Ms. Schneiderman agrees with the plan, but would trim the amount of concrete, such as the entrance sign to Avon. Ms. Schneiderman suggested reviewing the landscaping as far as formal plantings that will take alot of maintenance and alot of dollars. Mayor Davis added that Avon has a budget of approximately $3,000,000; it was larger because a bridge was built this past year. -6- • • Mr. Lynn Weas, managing director of the Christie Lodge representing approximately 13,000 owners, stated that the landscaping, art, and streetscape he does not like. Mr. Weas commented that with regard to the funding; when he hears of taking it-out of the General Fund, already 50% is coming from the General Fund via the Town. Mr. Weas continued that with all the things he dislikes about the project, he urges Council to vote for it. Mr. Weas added that the Christie Lodge has as much to loose, if not-more, than any other property; a considerable amount of corner property will be lost; the Christie Lodge pays upwards of $150,000 of tax that no one else in this room pays,; and the proposed assessment is for approximately $58,000. Mr. Weas added that if the $58,000 were a lump sum payment he could not do that, however it will be spent over 15 years; Mr. Weas feels Council must go forward. Mr. Weas urged Council do not delay; go forward with some reasonably pace. Mr. Pat Barron, representing the owners of the Annex Shopping Center, agreed with comments made prior regarding the method of payment and the pace at which this is proceeding. Mr. Barron commented that portions of the "Bob" project were use to acquire rights-of-way across his property and Tract Q is redundant to change"the alignment of the road now or-in the future. Mr. Barron requested Council to delay the project. Councilman Gersbach questioned Mr. --Barron for suggestions on funding this project. Mr. Barron agreed that this should'be spread over time could be paid out of the General Fund. Mr. Barron added the rights-of-way are included in this assessment and he is concern should that alignment change another assessment will be imposed. Mr. Barron continued that he has no objections to the improvements that are set forth; they are well conceived. Mr. Barron voiced a concern that at some future date another change in alignment is necessary and they will be asked to again pay for it. Mr. Mike Phillips, manager of Benchmark Shopping Center, stated that-he attended the last public meeting and wished to reiterated his concerns. Mr. Phillips stated that the changing of the northwest access into the parking lot will affect business as customers will have to go past.the business and return. The realignment of the road is a concern as it will cut into the present parking lot; 60 spaces presently and will be replaced by 47 spaces, plus some parking on the other side of the road. Mr. Phillips commented that parking on the other side of the road will hinder business. Mr. Phillips mentioned the letter he has sent to the Town requesting postponement of 60 days so that an engineer representing Benchmark Shopping Center may have time to review the alignment. Mr. Phillips does not believe that there is a single business or resident in the whole Town that will not benefit from the proposed improvements and feels the funding mechanism is unfair. Mr,. Phillips stated that it is a great plan, but the fairness issues need to be reviewed and asked Council to table to review. Mr. Phillips added that every person that goes by the Art will appreciate it and feels that because of this all should pay for it. Mr. Phillips stated General Fund or Property Taxes does not matter as long as it is something across the board to everybody., Councilor Nottingham questioned Mr. Phillips on the amount of parking spaces; at a public meeting it was presented to Council that Cassidy's site plan had 50 spaces. Mr. Phillips responded that Morter Architects noted 50 spaces last spring on a site plan and does not know if that was temporary or final plans. Mr. Phillips added that Mr. Terry Ray (President of Cassidy's) and himself physically counted the cars in the lot one evening and counted 60 cars. -7- 0 • Mr. Terry Ray, with Cassidy's, stated that they are very pleased with the plan overall. Mr. Ray stated he has been involved with several special assessment districts before and the funding for this plan is as fair and equitable as any other plan. Mr. Ray does object to straightening the road. Mr. Ray added that when they looked at the area one of the things they liked about the location was the reception of how the building sat with the road and the new road that had just been put in. Mr. Ray commented that if the road is moved closer to the building, it will be closer to their outdoor deck, which is a vital part of business during the summer and will affect the atmosphere. Mr. Ray stated that straightening the road will move the cars faster in and out of Town and faster is not always better. Mr. Ray stated that alignment of the road and changing parking spaces will loose green space and the perception of the building will change. Mr. Ray added that they would have had serious doubts about locating there had they known the road was going to be straightened. Mr. Ray requested Council to move forward with the project and refrain from straightening the road. Ms. Gloria McRory, business owner in Town, stated that she wished there were 60 trips per day to her business. Ms. McRory added that the assessment is fair and feels that all will benefit from the finished product. Even though it will cost her business, she is in favor of it. Mr. Mike Bennett, general manager of Beaver Creek West, and as an individual Mr. Bennett owns 3 units at Beaver Creek West and 1 in Wildridge, came before Council to express concerns. Mr. Bennett stated there are 124 units at Beaver Creek West that are affected by this and their main concern is that they are the only strictly residential units included in the district. Mr. Bennett stated they have no problem with the amount of assessment and no problem with progress. They feel they may have been arbitrarily carved into the project and have been told that this could be due to short term rental efforts. Those short term rental efforts have generated hundreds of thousands of dollars for the Town in sales and accommodations revenues that long term year-round units do not generate. The units are only occupied about half the year and as far as trips generated, it is difficult to realize that many trips as a unit that is occupied year-round. Mr. Bennett added, on a personal note, he does have concerns for Mr. Ray's concerns on the moving of the road; it does move traffic a litter slower through that area and added we do not have to make a highway out of every thorough fair. Beaver Creek West is not opposed to the project or the level of assessment and the project is needed for the community. Mayor Davis requested the Town Clerk to enter into the public record letters received with regards to the proposed Special Assessment District. Those people writing letters were; 2 letters from Patrick Barron, 2 letters from Michael Phillips, Ken Shapiro, Terry Ray, Benchmark Shopping Center Petition with 11 names, David Yoder, Oscar Tang, Wayne Ireland, Helmut Lilischkies, Tom and Marilyn Nevison, and Edward McShane. Mr. James informed that Council and Staff needs to respond to issues that have been mentioned tonight; let the public rebut Council and Staff statements; then close the public hearing. -8- 0 • Mr. Jeff Spanel addressed the road alignment issue. Mr. Spanel stated that the Transportation Master Plan recommends a second arterial street be brought through the area between Christie Sports Building, the Annex, and the Benchmark Building. The reason for recommendation to straighten the street is to improve traffic flow making it easier to get to those businesses (no recommendation to raise the speed limit) and in addition, there are safety concerns. Mr. Spanel stated that the present street does not meet the Town's standards for centerline crossing/radius. By expanding the radius and shortening it, it will make it easier for trucks, busses, firetrucks to get through without any crossing of the center line in the street. The inside radius on the curve now is less than 35 feet and a bus or large vehicle simply can not turn that sharp. The improvements are in Phase I and Phase II of the Traffic Study and could last up to ten years on an assumed rate of growth. Mr. Spanel addressed the parking issue; 50/60 spaces. With regards to the conceptual plan (not final), Mr. Spanel stated, in an attempt to maximize or at least maintain the number of spaces, it actually increased spaces. Whether there are 50/60 spaces now is partly a function of land and how the cars are parked in there. This plan shows regulation parking spaces which are 9' wide and 18' deep. Mr. Wisor responded to Mr. Rosen's comments regarding the special benefits versus general benefits with regards to State Statutes. Mr. Wisor noted the Town exists under article 20 of the Colorado Constitution as a Home Rule Municipality. As such, Local Improvement Districts are a matter of local concern which with the Charter delegates to the Council the power to adopt an ordinance to implement Local Improvement District processes. The Council has done that. In the Town Code there is not a specific listing of how benefits are determined as there is in the State Statutes. The improvements are listed in the Town Code and include landscaping and art work as part of what is permitted. In other words, the Town's ordinance under case law interpreting the constitutional issue supersedes the State Statutes. Mr. Wisor responded to bidding concerns. Mr. Wisor stated that Town code does require public bidding on the improvements to be constructed. That bidding can occur even prior to this hearing. The construction contract itself according to the Code can not be entered into until after this hearing is completed. Mr. Wisor added that section 15.1.C of the Town Charter says, "except as otherwise provided by Charter or by ordinance, the Statutes of the State of Colorado shall govern". The Town of Avon has "except as otherwise provided" by adoption of 12.08 of the Town Code; the Town has superseded, as permitted to do, the State Statute in this regard. -9- 0 • Mr. Wood responded to the trip analysis concerns. Mr. Wood stated that residential and hotel units were treated the same. The Trip Generation Manual, which differentiates types of development, rated residential units at 10 trips per day, condominiums are rated at 6 trips per day and hotel units are rated at 10 trips per occupied room. The Town looked at 60% occupancy and arrived at 6 trips per day per hotel room. The Trip Generation Manual is a standard manual prepared by the National Institute of Traffic Engineers based upon studies with specific land uses in various locations and then develops analysis of the trips that are generated for different types of uses. To arrive at a commercial trips per day, the Town looked at an average usage for various businesses which equaled 60 trips per day. Projections ranged from 25 trips per day to 125 trips per day. With regards to the vacant lots, a transportation study which had an analysis of projected development on those sites was used. 25% of the total lot area was considered to be commercial development and based upon zoning; residential units could be in addition. Mr. James commented on the payment with General Funds. Mr. James stated that with regards to the "best case/worse case" scenario, the Town's contribution could run anywhere from $684,000 upwards to $815,000 depending upon present information and numbers. Staff has approached this as General funds from the Town are being used. Revenues are coming from Public Works Fund which is comprised of Real Estate Transfer Tax, as well as transfers from the General Fund; money not needed for general operations. Special Assessments town wide is an available approach, with concerns of immediate benefit to the properties that are within the proposed special assessment district. Mr. James mentioned Wildridge Special Assessment District in that only Wildridge property owners paid for improvements of gas and cable. Mr. Rosen stated he has a disagreement with Bond Counsel and urged Council to take a look at this disagreement as an interpretation of the Statute and the Avon Municipal Code. Mr. Rosen requested Council to reconsider, delay, and table this issue. Mr. Wisor commented that Special Assessment Districts are a fairly typical process used more in growing areas. Mr. Wisor commented that Special Benefit someways is in the eyes of the beholder; judgement call by this Council. General measure of the courts; has the market value of the property increased by at least the amount of the assessment. Mr. Weas stated that if this was an all special assessment district funding, he would oppose it. Mr. Ray questioned, with regard to the road taking 6 to 8 years to be straightened, the Town warehousing land. Mr. Ray added that one way to decrease these assessments is to eliminate the road realignment. Mr. Yoder, as one of the benefactors of the Wildridge Special Assessment District, stated that was a direct benefit and there was no argument by who was receiving the benefit. Mr. Yoder requested public record of bonding costs for this project. Mr. James stated bonding costs are approximately $131,000. -10- Mr. Yoder questioned costs of maintenance of landscaping and annual electrical usage of new lighting. Mr.Yoder stated he has not changed his mind, still requests 4 no votes from Council. Ms. Patti Dixon questioned the distinction between Phase I and Phase II. Mayor Davis answered that Phase I was originally Avon Road from the south side of the interstate interchange to Highway 6, and did not include widening of the intersections nor anything north from the off/on ramp on the south side of the interstate. Phase II included those as well as the widening of Beaver Creek Blvd. intersections and the acquisition of the property for straightening of the road, as well as Benchmark Place. When discussing in different phases and after receiving the Traffic Study both Phases were considered to be implemented together. The concern was that if road improvements were not done along with landscaping, the landscaping would have to be torn out to do the road improvements at a later date. Mr. James responded to Mr. Ray's question about land banking, by stating the Town is land banking to preserve the right-of-way for the future road development. Mr. Larry Brooks responded to the concerns of on-going maintenance. Mr. Brooks stated no figures have been finalized and research is continuing. Mr. Brooks stated the lighting has been anticipated partially as the project is scheduled to be done this year and money is included in this year's budget. Mr. James mentioned the largest concern is snow removal from 2 lanes to 5 lanes. Staff is accustomed to maintaining Avon Road in the summer and will continue to work on the winter plans. Councilor Reynolds added that landscaping was design to keep maintenance at a minimum. Councilor Gersbach questioned the Grand on Avon assessment; will this be a lien. Mr. Wisor responded yes. Mr. Wisor added that this is a super priority lien in a way because it comes ahead of all other liens except for general property taxes. With no one else wishing to be heard, Mayor Davis closed the public hearing. Council then took a ten minute break. Council reconvened at 9:50pm. Mr. James informed that the Resolution basically states that Council has determined that each and every protest has been addressed and objection filed or otherwise made is without sufficient merit and the same is overruled and finally passed by Council. That the Council has determined, and does hereby determine, that it is advisable to acquire the Project, as provided by Resolution No 92-8 and does hereby order that assessments be levied therefor. The Town Engineer is requested and directed to prepare, in the manner required by the Code, and to present to the Council a revised and detailed estimate of the total cost of the District, including each of the incidental costs, if necessary; full and detailed final plans and specifications for the Project; and, a revised map and a revised assessment plat, if necessary. ordinance 92-2 would then create the special district and would specifically state the improvements that are planned, as well as the assessment amount, as well as the Town's contribution. -11- • • Mr. Wisor informed that should Council decide to act on any of the.objections presented or any adjustments, when Council is approving the Resolution those adjustments need to be specified at that point. Council needs to adjust the dollar amounts in the Ordinance if assessments are reduced. Councilor Nottingham commented that her interaction with several business owners have all been positive. Councilor Nottingham noted that out of the 426 owners that will be affected by this special assessment,, there are a handful here representing a percentage and that appears to be a small percentage of people against the special assessment. Councilor Nottingham questioned. the Ordinance relating to payment of assessments landlord/tenant situation; can a landlord demand a tennant to pay this year in lump sum. Mr. Wisor responded yes; the assessment is the obligation of the owner of the real property and the question is between that owner and the tenant and-is really a question of what each individual lease provides in terms of rights and obligations. Mr. Wisor added that most leases are triple net leases and could, pass along the obligation of taxes and-assessments; how they address the question of who makes the selection is questionable. Councilor Hines questioned amendments to be factored in, what costs would be added to the Town's contributions. Mr. Wood responde'd'the four amendments discussed earlier total $156,713.90. Councilor Hazard questioned Post Office payment. Mr. James responded that the Post Office can not be assessed legally, without their permission. Councilor Pysher stated this is an important part of the Town.and the project needs to move forward. Councilor Pysher disagreed with-pulling all funds from the General Fund as that could severely handicap the Town with proceeding with the Master- Plan. Councilor Pysher commented that art is the final touch, however, art should not be'included in the assessment and suggested art on consignment. Councilor Pysher added that the district should be increased to encompass the entire Town; everyone will have an advantage and help the whole Town. Councilor Hazard stated art should not be included; should be paid separately. Councilor Hines stated art in public places should not be burdened on the businesses even though it ties into the theme. Councilor Hines commented the assessment is very fair and equitable. Councilor Hines noted costs will-go up proportionately if the Town delays and overall favored moving ahead with the District. Councilor Gersbach commented the district should be increased; improvements will impact all. Councilor Gersbach stated, as a member of the Arts Council, it is unfortunate that the Town can not proceed with the purchase of.Glenna Goodacre's 7 pieces. Councilor Gersbach added that with the input heard, art should be put aside for the time being. Councilor Gersbach stated that with Tract Q so far down the road, that should be taken out of the assessment. Councilor Gersbach summarized; increase the District to the whole Town, take out the art and the road, and do not delay. Councilor Gersbach added that if Wildwood is to be successful, the Town of Avon is to be successful and again stated the assessments should take in the entire Town. -12- Councilor Reynolds stated that art should be dropped from the assessment and hoped that art could be paid for by other means to be included in the project. Councilor Reynolds suggested not to delay as it will cost less money now. Councilor Nottingham commented not to delay project. Councilor Nottingham questioned number/percentage of negative comments and the negative comments does not out way the positive. Councilor Nottingham stated art should be kept in the project as planned and commented the cost to the community is minimal considering the Town's portion, the Art Trust's portion, and community portion over 15 years. Mayor Davis commented that art should be taken out if Council seeks a compromise in reducing the cost. Mayor Davis suggested the money that the Town of Avon was to contribute (1/4 of $275,000) be set aside to go towards the Avon Art Trust for this piece or another piece with public input. Mayor Davis summarized; supporting art, just not in the special assessment. Mayor Davis stated the people benefitting is the entire community. The business community is benefitting more than just the residential people. Mayor Davis added that in the long term prospect of the community; include money in the special assessment so that some day a road can be put through to increase radius of turn for safety. Mayor Davis supported looking at other alignments which may solve problems of where best to locate the road. Mayor Davis called for a motion. To facilate matters, Town Attorney Dunn suggested Council to motion to adopt Resolution No. 92-11 and then run through the amendments that have been discussed one by one. Councilor Hines motioned adoption of Resolution No. 92-11. The motion was seconded by Councilor Nottingham. Councilor Hines motioned removal of Sidewalk Society from the Assessment District. Councilor Reynolds seconded the motion. Motion carried with Councilor Nottingham opposed. Councilor Hines motioned adjustments of assessments by reducing Lot B, Avon Center by $31, 893.73; Lot 61 b $52,954.75; Lodge at Avon by $32,195.94; and the Post Office by 39,668.67 for a total of $156,713.09 and increase the Town's contribution by the same amount. Councilor Pysher seconded the motion and was carried unanimously. Councilor Gersbach motioned to amend by instructing Staff to attempt to increase the district and to do whatever is possible to spread the cost over a larger portion. Mr. Wisor suggested, if this is the will of Council, not passing the Resolution. The process would need to be started over. Mayor Davis noted that if Council wants to expand the District, Council needs to defeat the Resolution. Councilor Gersbach motioned to remove the purchase of Tract Q from the District. Councilor Hines seconded the motion. Mayor Davis entertained a roll call vote. Those Councilmembers voting nay were Albert Reynolds, Derek Pysher, Celeste Nottingham, Tom Hines, John Hazard. Motion failed. -13- Mayor Davis sought further discussion on the motion and second to adopt Resolution No. 92-11. There being no further discussion, Mayor Davis entertained a roll call. The motion carried with Councilor Gersbach opposed. First Reading of Ordinance No. 92-2, Series of 1992, AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-1,91 CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKEN, FINDING SATISFACTORY THE ESTIMATE OF COST, FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE MAP AND ASSESSMENT PLAT, ALL HERETOFORE PRESENTED IN CONNECTION WITH THE DISTRICT; PRESCRIBING THE EXTEND OF THE DISTRICT, THE KIND AND LOCATION OF THE IMPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESSMENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIMES IN WHICH THE COSTS ASSESSED WILL BE PAYABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. Mr. James noted the new figures, on page 5 should be; Total Cost of $1,777,524; Estimated Amount of Special Assessments of $860,811; and Amount Available from Other Sources of $916,713. Mayor Davis called for a motion prior to discussion. Councilor Hines moved adoption of Ordinance No. 92-2 with the following chances; Total Coast is to be $1,777,524; Estimated Amount of Special Assessments is $860,811; and Amount Available from Other Sources is $916,713. Councilor Reynolds seconded the motion. Mayor Davis opened meeting for further discussion. Councilor Gersbach reiterated that the District should be increased to the entire Town. With no further discussion, Mayor Davis entertained a roll call. Those councilors voting aye were Albert Reynolds, Celeste Nottingham, Tom Hines, and John Hazard. Those councilors voting nay were Derek Pysher and Charlie Gersbach. Motion carried. Mayor Davis announced second reading on this Ordinance will be March 10th with a public hearing. Next was Mayor's Report with regards to council appointments to Committees. Council agreed on the following appointments: John Hazard on Avon/Beaver Creek Resort Association Board, Berry Creek 5th Filing has been terminated, Derek Pysher will attend NWCCOG, Special Events Commission Task Force with John Hazard representing is now known as Special Events Commission with Kent Gubler attending; and John Hazard stepped down from Channel #23 with Celeste Nottingham to attend. Town Clerk will issue new Committee List and alert NWCCOG and Channel #23 of new appointments. -14- 0 i The Financial Matters were next presented to Council. Councilor Reynolds moved to receive item #1 and approve items #2 through #3. The motion was seconded by Councilor Hines and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Hines moved approval of the February 11th Regular Council Meeting minutes as presented. The motion was seconded by Councilor Gersbach and was unanimously carried. There being no further business to come before Council, Mayor Davis called for a motion to adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Reynolds. The meeting was adjourned by Mayor Davis at 10:57pm. RESPECTFULLY SUBMITTED: Patty Ne art, Town Clerk -15-