Loading...
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-