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TC Minutes 08-14-1990• 0 MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 14, 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 8:05 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 Engineering Norm Wood, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed the Citizen Input portion of the agenda. The Mayor introduced Linda Johnson to the Council and the public. Ms. Johnson was running for Eagle County Commissioner in November. First reading of Ordinance No. 90-14, Series of 1990, AN ORDINANCE CONCERNING A LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS "THE TOWN OF AVON, LOCAL IMPROVEMENT DISTRICT NO. 1990-1"; APPROVING THE COST OF THE IMPROVEMENTS TO BE MADE IN LOCAL IMPROVEMENT DISTRICT NO. 1990-1; APPROVING AND CONFIRMING THE ASSESSMENT ROLL, AS MODIFIED, IF MODIFIED, AND ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PROVIDING FOR THE LEVY AND COLLECTION OF SAID ASSESSMENTS. Bill James introduced Elaine Lowery from the firm of Sherman and Howard, to the Council. Mr. James gave a brief history of the introduction of the Special Improvement District for Wildridge Subdivision. Ms. Lowery then approached the Council. She stated that Ordinance No. 90-14 would finalize the establishment of the assessment amounts on each particular piece of property. This could be done because of the fixed price contract. She stated that this ordinance would approve the cost of the improvements and it assessed the amount on the individual parcel property. The final reading would then actually be the final levy. It would also provide for the collection those assessments. • • Councilman Garton moved approval•of Ordinance No. 90-14, Series of 1990 on first reading. The motion was seconded by Councilman Davis. There being no further discussions, the Mayor entertained a 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. Ms. Lowery then introduced Resolution No. 90-28, Series of 1990, A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE""TOWN OF AVON, COLORADO, LOCAL.IMPROVEMENT DISTRICT NO. 1990-111.; RATIFYING ACTION HERETOFORE TAKEN; CONFIRMING THE.ASSESSMENT ROLL AS MODIFIED, IF MODIFIED, PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. She stated that this resolution would confirm the assessment roll as it was viewed. Councilman Stovall moved approval of Resolution No.-90-28,:Series of 1990. The motion was seconded by Councilman Reynolds and was unanimously carried. At that point the Mayor opened the meeting for public hearing on the assessments for Wildridge. The Notice was sent to all property owners on July 25, 1990, and published in the Vail Trail for their information and input. William-McCoy, property owner of Lot 53, Block 4, Wildridge Subdivision, approached the Council. He stated that he would prefer if the build out was 85=15 instead of the opposite. He stated that the vacant lot owners were paymng for the improvements. He-,understood it would probably improve the Subdivision, but felt he had better use of the $3,000 now, rather than putting it into a piece ,of property. He stated that he did not expect to get-his money out of the lot of what he had put into it. He-stated that-the second part of his objection was basically he felt that it was a give away. It was giving a million dollars to Public Service. Public Service was a profit making private company, and felt they should'be able to pay for their assests and their finances. He felt Public_Service shoul& pay their way. Ne"al'Spinks property owner of Lot 31, Block 3, Wildridge Subdivision approached the Council. He stated that he spent most of last year designing a single family home, which would set on a duplex-lot. He felt that,he-_-should not-be assessed-twice the amount for putting up_a single family home: He stated that his plans consisted of-passive solar heat, and that he had already purchased a Satellite dish. He stated he may as well throw those away and pay the $3,000 to hook up. He felt the Council should consider single family residences as single family residences. -2- • 0 The Town Attorney stated that this public hearing was in respect to the amounts of the assessments, and not the concern of the procedures of the project, which had been held in the past hearings. There being no one else wishing to be heard, the Mayor closed the public hearing on the assessment amounts for Wildridge. Second reading of Ordinance No. 90-13, Series of 1990, AN ORDINANCE CONCERNING GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF THE TOWN OF AVON, COLORADO (THE TOWN); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN'S GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,020,000 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 AND REFUNDING A PORTION OF THE TOWN'S EXISTING GENERAL OBLIGATION DEBT; 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. Elaine Lowery reviewed some of the changes in the ordinance with the Council Page 2, there was a correction in the dollar figure. Page 3, there was some "B" Coupons deleted and the reason being that some had already been paid. Page 5, the Bond details were inserted. The Maturity dates and interest rate on the Bonds. Ms. Lowery stated that this ordinance sets details on the Bonds; it levies the tax to pay back the Bonds; and the ordinance gave the Bond Form; and it authorized officers to take other action if necessary with this Bond Issue. Rick Price with Caughlin and Company approached the Council. This Company had purchased the Bonds from the Town. Mr. Price stated that the overall interest cost was 7.88%. They felt that was an excellent rate at the time, and still do today. He stated that these Bonds were a non-rate issue, and the "B" Coupons were also marked at a favorable rate. Mr. Price then presented the Mayor with a Good Faith Check, which further affirmed the commitment to the issue. Discussion followed on the review and expl, Interest Certificates. Mr. Price introduced Dennis Coughlin, Vice Company, to the Council. Stan Bernstein approached the Council. He Balance of the Town, with the Council. He finances looked very good for the future. 3nation of Registered "B" President of Caughlin and reviewed the General Fund stated that the Town's -3- • • Councilman Stovall moved approval of Ordinance No. 90-13, Series of 1990 on second reading. The motion was seconded by Councilman Davis. The Mayor opened-the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor called for a'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. Second reading of Ordinance No. 90-12, Series of 1990, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN LEASE AGREEMENT. Bill James stated that this ordinance was in respect to the purchase of the Checkmate Statue, which was to be purchased through the Driscol Galleries. Councilwoman McRory moved approval of Ordinance No. 90-12, 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. The Mayor entertained a roll call. Those Councilmembers-voting-aye were: David Garton, Albert Reynolds, Gloria McRory and Jerry Davis. Councilman Stovall voted in opposition. The motion carried by a 5 to 1 vote. 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',060.'TO'FINANCE THE CONSTRUCTION OF A MULTIFAMILY RENTAL HOUSING PROJECT TO.PROVIDE MORE ADEQUATE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME FAMILIES AND PERSONSRATIFYING CEP.TAIN',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,DOCVMENTS AND SUCH BONDS-IN CONNECTION THEREWITH; APPROVING THE FORMS OF A DEED OF TRUST AND,COMPL_ETION'GtARANTY; ACKNOWLEDGING THE USE OF-A PRIVATE-PLACEMENT MEMORANDUM MAKING CERTAIN.DETERM.INATION AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER`MATTERS.RELATIN, TO SUCH BONDS; REPEALING.ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. Bill James stated that the developers of this project had requested that Council table this ordinance for two weeks.. Councilwoman.:-.McRory moved to table Ordinance No. 90-5, Series of 1990 for two weeks. The motion was seconded by Councilman Stovall and was unanimously carried. -4- U Fire Chief Charlie Moore presented the Council with the Fire Protection Contract. He asked that Council review the contract and come back with their comments. Next on the agenda was the Town Attorney Report. Mr. Dunn reported on the Charter Amendments. He stated that it came to his attention that Section 31-2-214, C.R.S. provided that no proposal for a Charter amendment shall be initiated within tweleve months after rejection of a substantially similar proposal. He stated that it would preclude the Council from having another vote in November on an amendment to the Charter to allow housing bonds without an election. So the petition that was--c=zctiated--would haverno impact to bring the Charter amendments back to an election. (See memorandum attached to these minutes). Mr. Dunn reported on the Case of the Avon Metropolitan Water Authority. He stated that he had reviewed the District Court Decision. The Metro Water Authority gave him the direction to pursue a resolution of the remaining issues with the Water Authority. He stated that he had contacted Jim Collins, attorney for the Water Authority, and he had the same direction to resolve the remaining issues. He stated that the remaining issues would be easily resolved with the exception of the Lake Maintenance. The Mayor Report was next on the agenda. He stated that the Colorado Municipal League had sent their request for the Council to appoint a Policy Committee Member for 1990-1991. The Mayor reported on the Northwest Colorado Council of Governments. He stated that COG was looking at three different options to assess various communities for their membership. He stated that this would be discussed at their next meeting. He would vote for the option for the least assessment for the Town. The Council agreed. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 through #16. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the General Fund of Accounts Payable for August 14, 1990. The motion was seconded by Councilman Stovall and was unanimously carried. -5- n 0 Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for August 14, 1990. The motion was seconded by Councilman Stovall and was unanimously carried. Councilwoman McRory moved approval of the July 24, 1990 Council Meeting Minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. Mr. James stated that on Thursday, he and Mr. Dunn would file the application for a temporary sepatated grade crossing on West Beaver Creek Boulevard with the PUC. Mr. James discussed the meeting they had with the County Commissioners in respect to their contract with the Town for the Separated Grade Crossing on Avon Road. Mr. James presented the Council with a Bus Budget. It was a break down on the cost between Avon and Beaver Creek Resort Company. It gave a comparison from 1989, and what would be estimated for next year. A contract would be prepared and ready for the next meeting. They discussed the cost of refurbishing two of the Town buses. Mr. Brooks stated that it would cost approximately $50,000 to refurbish two of the buses. Councilman Davis moved approval of the expenditure of $50,000 to refurbish two of the Town's buses. The motion was seconded by Councilman Bennett and was unanimously carried. Mr. James stated that they also had a meeting in respect to the Transportation System today, and that they had discussed the election in November. The Council had requested that each of the Council's; Avon, Vail and Minturn, pass a resolution in support of the sales tax increase to help fund the Transportation System. They were going back to see what the actual dollar amount owuld be for operating the System. He stated that Ron Phillips, Town Manager of Vail, indicated that Vail may not support the 1/2b increase in sales tax, but may support something less than that. He stated that this consideration should be back to them by the 27th of August. He stated that the County said if they do not get support from each of the Council's, they probably would not put this on the ballot in November. -6- There being no further business come come before the Council, Councilman McRory moved to adjourn. The motion was seconded by Councilman Garton. The meeting was adjourned by Mayor Nottingham at 9:26 p.m. -7- APPROVED: 0 0 Law OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSMIP INCLYOINO A PROPUSIONAL CORPORATION PETER COSORIFF JQKN w. DUNN ARTMUR A.ABPLANALP, JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LAWRENCE R HARTLAUS VAIL NATIONAL BANK Bwii.wNG SLATE 300 106 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81857 TELEPHONE! (303) 476-7552 TELECOPIER. (303) 476-4765 M E M O R A N D U M IN LEAOVILLGS COSORIFF, DUNN 6 BERRY PI o. Box 11 LEADVILLE,COLOR,ADO 60401 *11W 440.10a•S TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: CHARTER AMENDMENTS DATE: 8/9/90 w..w__www---wwwwmw----w--wwwwrwwwwww-w-ww----r.~www It has come to my attention that section 31-2-214, C.R.S., provides that "no proposal for a charter . . . amendment . . . shall be initiated within twelve months after rejection of a substantially similar proposal." Obviously that section precludes you from having another vote in November on an amendment to the charter to allow housing bonds without an election. T know that Ed Everett went to considerable trouble to circulate a petition believing that there was no such limitation. That was my fault and I regret that it happened. THE PROFESSIONAL CORPORATION IS DUNN 4 AiPLANALP, P. C. IN VAIL.