TC Minutes 06-05-19790 9
MINUTES OF THE SPECIAL MEETING
OF THE TOWN COUNCILMEMBERS
OF THE TOWN OF AVON
HELD JUNE 5, 1979
The Special Meeting of the Town Councilmembers of the Town of Avon, Colorado was
held in the Town Office, second floor, Benchmark Center, Avon, Colorado.
The meeting was called to order by Mayor Angelo Alpi at 7:40 P.M. A roll call
was taken will all Councilmembers present. Also present were Eagle County
Engineer Melton Atwell and Benchmark Planner Mike Blair.
In recognition of Mel Atwell's attendance at the Special Meeting the Council
first reviewed a document he had previously prepared for Eagle County a
Eagle County Traffic Survey.
Councilmember Carol Richards pointed out the number of traffic trips per unit,
counted on the subdivision roads surveyed. Further discussion regarding the
survey was held. Mr. Atwell stated that if the Town needed future help with
a traffic count survey, he would be available for,:.assistance.
A continuation of the second reading of Ordinance 79-12, Zoning Code for the
-then held. The Council discussed the Ordinance from page 16 through page 31
Some of the changes which were made, again, consisted of correcting grammatical,
typographical and spelling errors. Some of the definitions were also rewritten.
A lengthy discussion regarding Section 3.7 "Specially Planned Areas," was held.
Amendments and deletions to this section were agreed upon by the Council.
Another lengthy discussion regarding Section 3 in reference to the definition for
Building Area Ratio (BAR) was held. Changes, amendments and deletions to all
pertinent sections of this definition were also made.
Prior to approval of the Ordinance, Mike Blair asked the Council to designate
Sections 35 & 36 of the Proposed Zoning District Map, which is included in the
Ordinance title, as "Specially Planned Areas." The Council so designated.
Carol Richards moved that Ordinance No. 79-12, "AN ORDINANCE ADOPTING A ZONING
CODE FOR THE TOWN OF AVON; PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP;
PROVIDING DEFINITIONS AND REGULATIONS; OUTLINING THE FUNCTION OF THE DESIGN
REVIEW BOARD IN RELATION THERETO; REGULATING AND REQUIRING OFF-STREET PARKING;
PROVIDING FOR AMENDMENTS TO THE ZONING CODE AND THE DISTRICT MAP; PROVIDING FOR
NONCONFORMING USES AND STRUCTURES; WITH PROVISIONS FOR INTERPRETATION, REVOCA-
TION AND INVALIDITY OF PERMITS; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND
SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO," be approved as amended
with changes, contingent upon copies of the Ordinance, after the final draft is
typed, being supplied to each Councilmember for review within a reasonable period
of time prior to the Mayor signing the Ordinance. Bill Doyle seconded the
motion and a roll call vote was taken with all Councilmembers voting yes.
The second reading of Ordinance No. 79-9, Subdivision Regulations was tabled
by Councilmembers to a Special Meeting to be held on June 7, 1979 at 7:30 P.M.
In final business, the Council read two letters pursuant to release of colla-
teral for the Benchmark at Beaver Creek Subdivision. (Copies of said letters
are attached to these minutes.) Carol Richards moved that the Council give
Mayor Alpi permission to sign one of the letters from Benchmark Companies.
Steve Erickson seconded the motion and it was unanimously carried with
Jim Wells abstaining.
PAGE 2
There being no other business, Carol Richards moved that the meeting be
adjourned; seconded by Steve Erickson and adjourned by the Mayor at 11:30 P.M.
Respectfully submitted,
MINUTES APPROVED, NOTICE OF MEETING WAIVED:
June 5, 1979
Town of Avon
Drawer "D"
Avon, Colorado 81620
RE: Beaver Creek Boulevard Bridge
Dear Council Members:
Please consider the following as an agreement between
Benchmark at Beaver Creek, a limited partnership, and the
Town of Avon.
It is Benchmark's understanding the Town of Avon has
deemed it necessary for the public health, welfare and safety
to have a bridge, estimated to cost $250,000, span the Eagle
River at a point within the Town of Avon where Beaver Creek
Boulevard crosses the Eagle River; said bridge is necessary
to serve and protect the public. The Town has also determined
that such a bridge should be completed during the 1979 con-
struction season. In this regard the Town is pursuing a bond
issue, the proceeds of which would be used for the design and
construction of said bridge. With the time necessary for
pursuing and completing a bond issue and the shortness of the
construction season in the Avon valley, the Town is somewhat
concerned as to the timely completion of the proposed bridge.
Benchmark at Beaver Creek is desirous of obtaining from
the County of Eagle its release of a deed of trust against
certain of Benchmark real property commonly referred to as
Section 35. The County of Eagle in turn has requested the
approval of the Town of Avon prior to releasing said collateral.
Said collateral was given to the County by Benchmark to secure
Benchmark's performance under a Subdivision Improvements
Agreement relating to what are now streets within the Town of
Avon.
Benchmark is willing to advance the costs of and be
responsible for the design and construction of said bridge
in accordance with the desires of the Town.
It is the understanding of the parties hereto, that in
return for Benchmark advancing the costs of the above referenced
BENChMARI(
Box S. Avon. Colorado aia2n Phnna (nnni gfiq.c7dq
June 5, 1979
RE: Beaver Creek Boulevard Bridge
bridge, the Town will inform the.County of Eagle it has no
objection to the County releasing Section.35. Further, the
Town of Avon agrees hereby with Benchmark to reimburse Bench-
mark for all costs which Benchmark will have expended in
connection with the design and construction of the above
referenced bridge out.of the funds of a proposed bond issue.
for,the construction of said bridge and/or from at least 75%
of the funds in the Public Works Fund of the Town 'of Avon.
In the event Benchmark is fully reimbursed by the Town
prior to completion of the street improvements by Benchmark
(pursuant to the original commitment to the County of Eagle
at the time of the subdivision platting for the Benchmark
at Beaver Creek Subdivision) then Benchmark shall provide
collateral satisfactory to the Town to insure said performance.
If the Town agrees with the above understanding, please
indicate the Town's acknowledgment and acceptance where in-
dicated on the copy of this letter and return to Benchmark.
Thank you for your prompt attention to and consideration
of these matters.
Very truly yours,
A. J We is
a man g' g partner
GR/sd
Acknowledged and accepted by the Town of Avon, Colorado
this 0 'day of June, 1979.
A. V Al i, Mayo
Tian of (Ijlan
Post (offirr ~ox P
(Mori, Tolorabo 81620
(303) 949-4280
June 1, 1979
Honorable Board of County Commissioners
County of Eagle
State of Colorado
P.O. Box 850
Eagle, Colorado 81631
RE: Release of Collateral - Benchmark at
Beaver Creek Subdivision.
Gentlemen:
Thank you for your letter of May 14, 1979, advising us of certain
activities by Benchmark at Beaver Creek which could effect the Town
of Avon.
The Avon Town Council has been apprised by Benchmark of the history
regarding the Subdivision Improvements Agreement with the County prior
to the incorporation of the Town of Avon.
After reviewing this matter thoroughly and receiving assurances from
Benchmark as to their satisfactory performance pursuant to said
Agreement, please be advised that the Town of Avon has no objection to
the County of Eagle releasing Benchmark at Beaver Creek from any further
liabilities pursuant to the Subdivision Improvements Agreement dated
February 26, 1974; and, further, releasing the collateral (i.e. Section
35, T 4 S, R 82 W, of the 6th P.M.) which Benchmark posted to guarantee
its performance pursuant to said Agreement.
Further, please consider this letter as a release and hold harmless
agreement, whereby the Town of Avon shall hold the County harmless from
any claims or liability which may arise by reason of the streets within
the Benchmark Subdivision which were the subject of the above referenced
Subdivision Improvements Agreement.
Thank you for your continuing cooperation with and assistance to the
Town of Avon.
S1 cerel,
~J,e'l~V. Al pi
cc: Benchmark at Beaver Creek Mayor
AVA;pjd