TC Minutes 02-22-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 22, 1994 - 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 Albert J. Reynolds at
7:34PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof and Judy Yoder
present. Also present were Town Manager Bill James, Town Attorney
John Dunn, Director of Community Development Steve Amsbaugh, Town
Engineer Norm Wood, Superintendent of Recreation Meryl Jacobs,
Director of Municipal Services Larry Brooks, Transportation
Director Harry Taylor, Fire Chief Charlie Moore, Police Chief Art
Dalton, Lieutenant Gary Thomas, Town Clerk Patty Neyhart, as well
as members of the press and public.
First item Added to the Agenda under Citizen Input was a Funding
Request, from.Kent Meyers of Vail.Associates,'for American
Airlines summer flights.
Mr. Kent Meyers informed of.the American Airlines proposal for
summer flights. Flights will be scheduled'June 16 to August 7;
52 days; one daily flight. The plane, a 757, 188 passenger
aircraft, will overnight; arriving in Eagle in the afternoon and
departing the following morning, due to installation of lights
and atmospheric temperatures. Eagle County Airport will get
Stapleton's lights in the fall of 1994. Vail Associates proposes
to guarantee summer flights into the Eagle County Airport.
American Airlines established a cap of $630,000 making a
partnership between American Airlines and Vail Associates. 52
flights X 188 = 9,776 seats totally available at a 69.7% load
factor; a little over 6,800 seats to break even. There, were 740
seats sold June 16 - August 7, 1993 to passengers utilizing
Vail/Beaver Creek Reservations. That represents 29., of the total
volume within the community. That would mean there would be
37,000 out of state visitors who could potentially use these
flights. The potential impact, of Free Independent Travel (FIT)
individuals, not groups, is 20,000. 33% is needed from the FIT
individuals. In the winter FIT individuals represent 21%.
Groups and local traffic are anticipated to increase the
percentage. Marketing programs will be in place in Dallas,
Houston, San Antonio, New York, Miami, Nashville, etc. American
Airlines' cap is $630,00, plus hard dollars for marketing makes
the total program $700,000. Mr. Meyers.is asking the community
to make pledges; 10% of pledge dollars become hard. The
remaining 90% is soft, based on the performance of the aircraft.
We may loose it all. Mr. Meyers has received pledges for
approximately $350,000 to date. Mr. Meyer added that United
expressed interest in flying out of Denver, after the American
Airlines proposal was published. Mr. Meyers stated that once the
$500,000-$550,000 range is reached Vail Associates will tell
American Airlines to load the flights in the computer and begin
selling. This could happen as soon as next Tuesday. Final
payment to American Airlines would be sometime in September and
Vail Associates would be responsible for that payment. The hard
dollars are gone; American Airlines will work on the break even
and get all the upside. If we fall short they get all the
downside to a point; the cap of $630;000.
The following is transcribed out of sequence of the actual
meeting, to accommodate a continuous flow of the action taken.
• 0
Ms. Kate Collins of the Avon/Beaver Creek Resort Association
(ABCRA) expressed support for the proposal',. Ms. Collins stated
that ABCRA has pledged $10,000 from voluntary sponsorships of the
members.
Mr. Kent Meyers encouraged Council to take action by pledging
$40,000.
Councilor Yoder motioned that the Town of Avon participate at the
level of $40,000 for this program. Councilor Hazard seconded the
motion and the motion carried unanimously.
Next item Added to the Agenda under Citizen Input was an
Invitation to attend an informational meeting, from Celeste C.
Nottingham, for a Charter School.
Councilor Nottingham stepped down from her Council seat and took
the Citizen Input microphone. Councilor Nottingham invited all,
to an informational and organizational meeting of the•Charter
School opportunity. The meeting will be held at Gracious Savior
Lutheran Church at 7:06pm. The application of approval, for a
Charter School, must be submitted to the local school district.
This application is scheduled to be presented within a matter of
days. The Charter School is proposed to meet the needs that have
been identified for 6-8 grades.
Next item Added to the Agenda under Citizen Input was an Update
on the Eagle County Open Space Committee, from Rich Howard.
Mr. Rich Howard informed that although they have had several
meetings, there is not a lot to report. The Committee is moving
slowly and educating themselves. The deadline for any
recommendation to the County Commissioners is set for August, as
a ballot initiative may appear in November. Mr. Howard noted
that his specific duties are to review zoning and planning.
Second Reading of Ordinance No. 94-1, Series of 1994, AN
ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON AS IT RELATES TO ANNEXATIONS AND REQUIRING DEDICATION 01F
LAND FOR SCHOOL PURPOSES
Mayor Reynolds announced this is a public hearing.
Mr. Steve Amsbaugh stated this matter is before'Council on second
reading. There were no changes to the purposed school land
dedication ordinance as a result of the first reading. Staff
recommends approval of this Ordinance.
Councilor Nottingham motioned approval of Ordinance No. 94-1,
Series of 1994 on second reading. Councilor Hines seconded the
motion. The motion carried unanimously.
Second Reading,of.Ordinance No. 94-6,,,Series of 1994, AN
ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON RELATING TO HARASSMENT
Mayor Reynolds announced this is a public hearing.
2
0 •
Town Attorney John Dunn stated this matter is before Council on
second reading; there were no changes from the time of first
reading. Attorney Dunn reminded he was asked to discuss in more
detail section 6 relating to the "inconvenient hours" and
"offensively course language". In reviewing a particular case,
the court found those not acceptable in terms of free speech or
Amendment 1.
Councilor Roof motioned adoption of
1994 on second reading. Councilor
and the motion carried unanimously.
Ordinance No. 94-6, Series of
Fawcett seconded the motion
Second Reading of Ordinance No. 94-7, Series of 1994, AN
ORDINANCE.AUTHORIZING THE ISSUANCE OF TOWN OF AVON, COLORADO,
SALES TAX REVENUE BONDS, SERIES 1994; PROVIDING THE FORM, TERMS
AND CONDITIONS OF THE BONDS, THE MANNER AND TERMS OF ISSUANCE,
THE.MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY
THEREFOR; PLEDGING SALES TAX REVENUES OF THE TOWN FOR THE PAYMENT
OF THE BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS AND
MAKING OTHER PROVISIONS CONCERNING THE BONDS AND THE SALES TAX
REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING
THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
Mayor Reynolds announced this is a public hearing.
Mr. James stated this Ordinance will allow us to issue $3.9
million in-bonds to help pay for the new recreation center. This
Ordinance will allow Council, on March 22nd, to set the interest
rate and enter into a bond purchase agreement with Coughlin &
Company. Mr. David Bell, from Coughlin & Company, informed that
he will print and mail the preliminary official statements around
March 8th, with Council's approval. Mr. Bell anticipates being
in the bond market and securing interest rates, as close to March
22nd as possible. On March 22nd Council may approve or deny the
rates. Closing would be the last part of March.
Councilor Nottingham questioned the sinking fund redemption. Mr.
Bell stated when we go out and sell bonds in the bond market, we
have maturities that, show up every year that you pay along with
interest semi-annually. With a sinking fund, we have combined
more maturities in the long end into one.that pays principal
every year and years'previous to that. It'will look like you
have maturities in your 17 through 20 years with the same
interest rate. What that does for us is we can then go out and
locate trust funds, pension funds., who can buy bonds in,blocks of
a million, but maybe can't buy blocks of 250,000 and be
competitive in their interest rate. We can say OK, you have a
block of a million bonds which are going,to begin retiring
principal in year 17, 18,'and 19, just like a serial maturity is,
but it is a block for their portfolio purposes; it is a large
block of bonds. Mr. Bell stated it is to our benefit.
'Mr. James added that on March 18th, A & P will receive bids at
2:OOPM in the afternoon. Because of the late arrival of these
bids, the interest rate will be blank in the Resolution, in
Council packets. The interest rate will be available at the
Council meeting of March 22nd. We will also have a bond purchase
agreement, from Coughlin & Company guaranteeing the purchase of
the bonds grid establishing their fees. Mr. Bell stated in terms
of cost issuance, it is his opinion we are at $60,000 including
his fee, Sherman & Howard's fee, bank fees, paying agent,
printing cost, etc. In terms of reserve funds, he is comfortable
with a six month debt service reserve fund at approximately
$164,.000 instead of 12 months. All of the difference goes into
the construction fund. Mr. Bell noted that they have essentially
made us almost $200,000 more money to spend.
3
•
Councilor Hines motioned approval of
of 1994 on second reading. Councilor
The motion carried unanimously.
•
Ordinance No. 94-7, Series
Yoder seconded the motion.
First Reading of Ordinance No. 94-8, Series of 1994, AN ORDINANCE
AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT
Mr. James informed that Staff obtained quotes to lease-purchase
capital equipment for a loader, an OshKosh, a bus, and a people
mover. Total budget was $553,450; bids came.in at $554,300 and
the annual lease payments will be $139,696. The amount over
budget for the purchase of the equipment will be made up by the
difference in the lease payments. The lease payments are less
because an interest rate of 71; was budgeted, instead of the 5.5%.
The lowest bidder at 5.43%, Koch required additional language in
regards to Amendment 1. Mr. Dee Wisor, bond counsel of Sherman
and Howard, advised against this additional language. Based upon
that recommendation, Staff recommends Coughlin & Company at 5.5%
Councilor Fawcett motioned adoption of Ordinance No. 94-8, Series
of 1994 on first reading. Councilor Roof seconded the motion.
The motion carried unanimously.
Resolution No. 94-6, Series of 1994, A RESOLUTION TO AMEND THE
1994 BUDGET.
Mr. James reminded that Council, at a previous meeting,
authorized a $50,000 contribution towards marketing and $6,000
for the preliminary design work for Lot 16. This Resolution
amends the 1994 budget to cover those expenses.
Councilor Fawcett motioned to approval Resolution No. 94-6,
Series of 1994. Councilor Yoder seconded the motion and the
motion carried unanimously.
Resolution No. 94-7, Series of 1994, A RESOLUTION APPROVING THE
FINAL PLAT FOR THE RESUBDIVISION OF LOTS 18 AND 19, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION-, TOWN OF AVON, EAGLE
COUNTY, COLORADO "
Mr. Amsbaugh stated this final plat is,to vacate the common lot
line between Lots 18 and 19, Block 1., Benchmark at Beaver Creek
in order to create one buildable lot. Lots 18:and 19 are located
on the west side of Metcalf Road and are approximately 2.6 acres
in combined size. This lot line vacation will allow construction
of a warehouse/office building. Staff recommends approval of
Resolution No. 94-7.
Councilor Hines motioned to adopt Resolution No. 94-7, Series of
1994. Councilor Hazard seconded the motion and the motion
carried unanimously.
Next Item on the Agenda under New Business was the Easements for
Benchmark Road Relocation.
Mr. James informed two easements are needed for the construction
of our recreation center, along Benchmark'Road: The first one is
a roadway easement and will allow a more reasonable curve radius
on the relocated Benchmark Road. The second is a construction
easement, which is a temporary construction easement, that will
allow us to use Lot C for the construction of the parking lot.
4
• •
Mr. Jen Wright, owner of Lot C, has been very cooperative. Staff
requested Council to authorize acquisition of these easements.
Mr. Larrv Brooks verbally detailed the area of the easements.
Councilor Nottingham motioned to authorize acquisition of the
Roadway Easement and Temporary Construction Easement on Lot C,
Avon Center at Beaver Creek for the purpose of relocating
Benchmark Road and construction of the parking lot in conjunction
with the Recreation Center. Councilor Roof seconded the motion
and the motion carried unanimously.
Next Item on the Agenda under New Business was the Avon Town
Square Project.
Mr. James informed that the Town has received a request from
A.T.S. Joint Venture, the developer of the Avon Town Square
project, requesting that the Town consider reimbursing the
developer for the cost of the landscape and streetscape
improvements from his property line on Benchmark Road to the
public right of way that goes out to Avon Road. He has estimated
the cost of these improvements to be approximately $6,000. Mr.
James noted the improvements along Avon Road were all on the
public right of way; the Town of Avon did pay for all those
improvements. As property develops, those improvements have been
paid for by the developers. As a general guideline, the
developer is required to complete the streetscape improvements.
The Town of Avon paid for all the improvements down Avon Road.
The improvements that went in front of the Christie Lodge were
paid for by the Christie Lodge. The improvements that went in
front of First Bank were paid for by First Bank. The Town also
asked the Post office to pay for the improvements. The property
in question is 56' and runs from the edge of his property out to
Avon Road. The streetlight is estimated at $1,200, plus $600 for
installation. The electrical meter is estimated at $1,500; the
Town pays for all the streetlights, the developer installs them
and the Town pays for electrical service for the streetlights.
For the Town to be able to read the service separately it will
cost $1,500 for the developer to install the meter. Mr. Wood
stated the other option, of the $1,500,-is for the Town to set
another transformer that is estimated to cost a minimum of
$2,500, plus you still have service to run from that. Mr. Wood
stated additional power is not available and an additional power
source is needed to install a total of 9 more lights. Discussion
followed with too many people talking at one time, making this
portion of the tape difficult to transcribe. Mr: James noted
Staff is comfortable paying for one streetlight, including
installation; the rest of it' is the developer's responsible. The
developer needs to tie into public sidewalks and take care of
electrical service that will be servicing all streetlights. The
Town is going to pay for all the on-going maintenance, the
replacement, and on-going electrical use.
Councilor Hines motioned to authorize the Town to-expend $1,800
for one Town of Avon streetlight. Councilor Nottingham seconded
the motion and the motion carried unanimously.
Next Added to the Agenda under Other Business was the Promotion
of Lieutenant Gary Thomas to Chief of Police.
Mr. James announced that Lieutenant Gary Thomas has been promoted
to Police Chief effective May 1, 1994. Lieutenant Thomas gave a
brief acceptance speech.
5
0 0
Next item Added to the Agenda under other Business was First
Tracks Video, video production for the Recreation Center.
Councilor Fawcett motioned to go ahead and put it out to bid and
discuss at a later date. Councilor Nottingham seconded the
motion. The motion carried with Councilor Hines opposing.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #6 and
approve items #7 through #8. The motion was seconded by
Councilor Yoder and carried unanimously.
Councilor Roof questioned Eagle County Animal Control Services.
Council's consensus was to discuss this further at a later date.
Mr. James suggested to discuss this in April, allowing time for
Staff to review the impacts to the Town, in terms of the Town
providing these services.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the February 8, 1994 Regular
Council Meeting Minutes as presented. Councilor Yoder seconded
the motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Fawcett. The
meeting was adjourned by Mayor Reynolds at 9:30PM
RESPECTFtMLY SUBMITTED:
Patty Ney ar own Clerk
b