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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. • • 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. -2- 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. -3- • • 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. -4- \J C 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. -5- 0 0 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. -6- 0 0 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