TC Minutes 12-11-1984i •
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD DECEMBER 11, 1984 - 7:30 P.M.
The regular meeting of the 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 7:44
p.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Building Administrator Dan Fogland, Director of Public Works Norm
Wood, Chief of Police Joe Olson, 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 discussion.
The Town Attorney requested that Ordinance 84-15 be deferred until
later in the meeting, to give him some time to review the newly
delivered ordinance. The Mayor granted the request.
The Mayor moved to Unfinished Business.
The re-subdivision of Tract Q and R, Block #2, Benchmark at Beaver
Creek. This public hearing and discussion was continued from the
November 27, 1984, Council meeting.
Norm Wood stated that the plat was referred to the Planning and
Zoning Commission for review at their November 29, 1984 meeting.
The plat was reviewed at length and a number of unresolved problem
areas, such as parking. loading spaces, and access, were
discussed. Mr. Wood stated that, after the review, Mr. Cunningham
agreed to work with the staff on these problems and to reschedule
a meeting with the Planning and Zoning Commission on December 13,
1984, for further review. Mr. Wood stated that staff had worked
with Mr. Cunningham and felt that most of the problems had been
resolved. He felt that, after the Planning and Zoning Commission
meeting; they would come back to Council at the first meeting in
January with a firm recommendation.
The Council then reviewed and discussed the Plat.
Councilwoman Davis had a concern with drafting a Subdivision
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Agreement concerning access; would it commit future
Councilmembers?
Mr. Wood stated that this Council would not be committing a future
Council because, if the Town does not develop the access, it does
not become a right-of-way. Without the access easement, there is
nothing to prevent a building from going up in that area. He
stated that it was keeping the option open.
Jim Cunningham approached the Council, representing the owners of
the property. He stated that possibly two documents were needed;
1) would be a subdividers Agreement, and 2) under a reservation
for an easement, an Agreement showing the obligations of both
parties as to what would happen if the Town did exercise their
reservation right.
After discussion, Sheila Davis moved to continue the public
hearing until January 8, 1985. The motion was seconded by Clint
Watkins, and was unanimously carried.
The Mayor moved to Item #5, New Business
Resolution No. 84-48, Series of 1984, A RESOLUTION SUPPORTING THE
CONCEPT OF HOSTING THE WORLD CHAMPIONSHIPS AND PROVIDING
FINANCIAL SUPPORT.
Don Buick moved approval of Resolution No. 84-48. The motion was
seconded by Sheila Davis, and was unanimously carried.
Steve Miller requested that a copy of the Resolution be sent to
each of the entities named in the Resolution.
Resolution No. 84-49, Series of 1984, A RESOLUTION AMENDING
RESOLUTION NO. 84-43 TO ADOPT THE 1985 TOWN OF AVON BUDGET.
The Town Manager stated that this was the final public hearing on
the 1985 budget. This would become the final budget of the Town
until it would be amended from time to time during the year. He
stated that the Council has been involved in a number of work
shops regarding the 1985 budget and, as a result of those
meetings, there have been a couple of suggested minor changes in
the proposed budget: 1) that the Judge's salary be increased, and
2) that the Town's Pension Fund contribution be decreased from 4%
on January 1 to 2% on January 1 and 2% on July 1.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Sheila Davis moved approval of Resolution No. 84-49, changing "to"
to "so" on page 1, 7th paragraph, second line.
The motion was seconded by Steve, and was unanimously carried.
Resolution No. 84-50, Series of 1984, A RESOLUTION APPROVING A
REPLAT OF LOT #30 AND #31, BLOCK #2, BENCHMARK AT BEAVER CREEK,
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO.
Norm Wood stated that they had received a request for a
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re-subdivision of lots #30 and #31, Block #2, Benchmark at Beaver
Creek. He stated it does qualify as a minor subdivision. He
stated that the subdivision basically calls for relocating the
dividing line between lots #30 and #31 fifty feet to the west,
thus increasing the size of lot #30 and decreasing the size of lot
#31. He stated that he and Attorney Art Abplanalp had reviewed
the plat and found it to be acceptable with the exception of, 1)
the execution and completion of various certificates; 2)
modification of certificates of dedication and ownership to
clarify use and responsibilities related to access easement (those
modifications have been completed); 3) provision of documentation
from local utility companies approving relocation of utility
easements (all the letters have been received except one); 4) the
addition of note to the plat clarifying the the assignment of
Transferable Development Rights to Lots #30 and #31 [a note was
requested to clarify the Transferable Development Rights on lots
#30 and #31 since this was one of the areas where the Development
Rights for that particular Tract were assigned to lots #29 through
#32 (a note was received stating that there were no Development
Rights assigned to Lot #30)1; 5) it was recommended that the
access easement have a minimum total width of 50 feet, rather than
the 40 feet provided.
Discussion followed in regard to the reason for the 50 foot access
easement.
Terry Halverson, President of Avon 1ST Bank, approached the
Council. 1ST Bank has purchased Lot #30, Block #2. He stated
that they would like to reach an agreement with Sunroad Group,
LTD. to move the entrance on Avon Road 33 feet to the North, a
move he thought would be beneficial to both the Town and the Bank.
He stated that if the access could be moved to the north, the Bank
could then square their lot. At this time, until the Bank knows
what shape the lot would be, they were not willing to give up any
more than 7-1/2 feet for an easement. He stated that they may
need that space for parking or possibly for the building. He
stated that Sunroad was willing to give up 32-1/2 feet for an
easement and the Bank 7-1/2 feet.
Dennis Cole, representing Sunroad, stated that Sunroad's position
would be similar to that of the Bank. He stated that Sunroad
would be willing to sit down with the Bank and try to square off
the lot. He stated that there were some serious questions in
terms of whether or not the road access could be moved north and,
if it could, under what conditions could it be moved. He stated
that they have met with the Highway Department and a restricted
access has been approved with the conditions that a median be
installed, and the addition of another lane. He stated that they
would have to set up a meeting with the Federal Highway Department
to see what their thoughts were. Mr. Cole stated that once the
Federal Highway Department conveys their thoughts, Sunroad could
sit down with the Bank and negotiate. He stated that, as far as
the conditions that were recommended by Norm Wood, Sunroad has no
problems. He stated that Sunroad did question why there was even
a need for the access. Mr. Cole stated that Sunroad had agreed
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that the Bank could go with the 7-1/2 foot easement and Sunroad
would take the balance of the easement on their lot to the extent
of a 40 foot easement, which would be the absolute minimum.
Councilman Wells had concerns with the Town getting involved in
the land development planning. He felt that the Council had
doubts concerning how the Council could approve the request. He
stated the Town was being sued by Sunroad, and if the Council
approved the request, it would be increasing Sunroad's ability to
continue the suit.
The Town Attorney felt that the matters of litigation were
separate from this present matter, and that this matter might be
considered by the Council on its own merits.
Mr. Wells stated that Sunroad was being forced to note how much
density they have on those lots, and to put an easement on the
plat they they do not particularly want.
Mr. Cole stated, as far as the density, the note was being put on
the plat at the request of Sunroad pursuant to the agreement with
1ST Bank, to the effect that no hotel lodge or residential
Development Rights are assigned to lot #30. Mr. Cole stated their
position that whatever Development Rights there were under the
Town Plat were assigned, as a group, to lots 29 through 32 and,
therefore, the Development Rights were never specifically
designated to a given lot. He stated that whatever rights there
are now have been removed from lot #30, and are now only on lots
29, 31, and 32.
Councilman Wells stated he would prefer that the access easement
be taken off, or that Sunroad put it in writing that they want the
easement.
Mr. Cole stated that they had no problem with the 40 foot access
easement, and agreed to have it put in writing.
Councilman Wells felt that the Council should not dictate the
access easement requirement.
After lengthy discussion, Sheila Davis moved approval of
Resolution No. 84-50 contingent upon the following: receiving a
letter from Sunroad Group, Ltd. stating that they are in agreement
with all the provisions of the Resolution and addressing the
assignment of the Transferable Development Rights in a manner that
would be acceptable to the Town Attorney; removing the
time-sharing comment; and striking item #6 from the Resolution
(Item #6 reads as follows, "The access easement width be increased
to a total width of 50 feet").
The motion was seconded by A.J. Wells.
There was some discussion of the memorandum regarding Roadcal not
paying any Real Estate Transfer Taxes when the property was sold
and no exemption forms being filed.
The town Attorney advised the Council not to go into discussion on
whether or not Real Estate Transfer Taxes were paid or exemptions
filed. The Mayor called for a vote. The Council voted
unanimously to approve Resolution No. 84-50, Series of 1984,
contingent upon the conditions.
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The Mayor then referred back to Ordinance No. 84-15.
First reading of Ordinance 84-15, Series of 1984, AN ORDINANCE
GIVING FINAL APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT
BY AVON RESORT PROPERTIES, A COLORADO GENERAL PARTNERSHIP, UNDER
THE COLORADO COUNTY AND MUNICIPALITY DEVELOPMENT REVENUE BOND ACT
AND AUTHORIZING THE ISSUANCE AND SALE OF $10,000,000 INDUSTRIAL
DEVELOPMENT BONDS (AVON RESORT PROPERTIES PROJECT), SERIES 1984,
TO HELP DEFRAY THE COST OF ACQUIRING AND CONSTRUCTING SAID
PROJECT.
The Town Attorney stated he had reviewed the revision of the
ordinance, and stated that most of the textual concerns have been
corrected. However, he did want to have a chance to reveiw the
ordinance in more detail; the biggest concern was a number of
documents referred to in the ordinance that he had not seen, such
as the Official Statement, Trust Agreement, etc. He stated that
the ordinance was before the Council for adoption on first
reading.
Be it noted that Allan Nottingham and A.J. Wells stepped down
because of conflict of interest. The Mayor Pro Tem then proceeded.
The Town Attorney noted that, along with more careful review of
the ordinance itself, the ordinance refers to several documents
that have to be reviewed. Subject to that observation, the
recommendation by the Town Attorney was that the ordinance should
be considered on first reading at this time.
Clint Watkins moved approval of Ordinance No. 84-15 on first
reading. The motion was seconded by Steve Miller. Those
Councilmembers voting "aye" were Clint Watkins, Al Connell, Don
Buick, and Steve Miller. There were no nay votes. The motion
carried with Allan Nottingham and A.J. Wells abstaining.
The Town Manager stated that, after reviewing the Resolution
Council had passed for issuing IBD's, under Section 13-e-2, if the
bonds were issued and sold the Town would be paid an amount equal
to 1/4% to 1% of the requested bond issue, but not less that
$2,500, to compensate for staff time expended for exposure to
litigation subsequent to the issuance of the bonds. He stated
that Rod Brown had submitted a check in the amount of $10,000,
with the promise of an additional $5,000, to cover expenses.
Mr. James felt that the Town Attorney's time and Boettcher 's time
should be accrued as part of the cost of the Bond Issue itself, so
that the Town would come out netting somewhere around $20,000 to
$25,000 for the issuance of the bonds.
As of record, Mr. James stated that the Town would be reimbursed
for all of the legal expenses and expenses incurred outside of the
Town staff.
Mayor Nottingham and Mr. Wells resumed their seats.
Resolution No. 84-51, Series of
ATTORNEY'S FEES AND SERVICES.
The Town Attorney stated that
resolution that was approved
1984, A RESOLUTION IN REGARD TO
this resolution was similiar to the
last year except for the added
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stipulation that, if his Firm hired an associate, they would make
that associate available for Town work at a rate of $70.00 per
hour. He felt that this should have some impact on the budget for
legal services. He stated that the resolution increases the
Attorney's rate by $5.00 per hour. He stated that he did not
include any fees in regard to the NIMLO Conference that he would
not be able to attend. He noted that if his schedule changed, he
might want to attend.
Councilman Miller asked, if the Firm could not find an associate,
whether they would consider billing routine related work at
$70.00 per hour through the month of March or until an associate
was found. Mr. Dunn stated that he did not have the authority to
determine that request. The Town Attorney suggested that, if
Council wanted to consider that request, the resolution be tabled
until the first meeting in January. He stated that whatever was
determined, it would be retro-active.
Sheila Davis moved to table Resolution No. 84-51. The motion was
seconded by Steve Miller, and was unanimously carried.
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The Town Attooey stated that the Too had been served with an
additional law suit, brought by officer Lee Wilson and former
officer Keith McAdams, in respect to their suspensions of a year
ago. A copy of the complaint had been forwarded to the insurance
carrier. Mr. Dunn stated that the defendents in the case include
Bob Willcox and Dick Blodgett. Mr. Blodgett was concerned about
whether the Town intended to provide him with legal representation
or to pay his Attorney's fees in this matter.
Mr. Dunn stated that it would be a conflict of interest for him to
defend Mr. Blodgett, because of the other law suit filed by Mr.
Blodgett. Mr. Dunn was requesting input from the Council on this
matter. He stated that it was the obligation of the Council to
retain counsel to represent the Town in these cases. He stated
that if Mr. Blodgett was not represented and he was in fault, and
the Judgement were entered against him, that would compromise the
Town's position. Mr. Dunn stated that it was not definite whether
or not the insurance company was going to pick up the Attorneys'
fees. The Town Attorney stated it was his recommendation that it
was the obligation of Council to provide a defense, since Mr.
Blodgett was working for the Town at that time.
Councilman Buick was not in favor of supplying counsel for Mr.
Blodgett.
After discussion, it was agreed that the Town retain counsel for
Mr. Blodgett other than Mr. Dunn or Mr. Damas.
Mr. Dunn was to proceed on that basis.
The Tract P Agreements were next on the agenda. The Council
discussed the memorandum and resolution, presented to the Council
earlier that day, in regard to conflicts of interest regarding
Tract P.
Councilman Wells stated that he felt the Council should discuss
the resolution on conflict of interest before discussing the Tract
P Agreements. The town Attorney stated it was requested that the
resolution be done because of a concern, under the Charter,
whether the Council was in a position to approve the Tract P
Agreements with two members abstaining and two members opposing.
Mr. Wells stated that if the memorandum and resolution were not
done, he was not going to step down. He felt he did not have a
direct or indirect financial conflict. He requested that those
Councilmembers who did not have a conflict go forward and act on
the resolution, so that he knew where he stood in regard to the
transaction as far as it concerned them.
Councilwoman Davis was concerned about establishing that Mr.
Nottingham and Mr. Wells do not have a conflict of interest. She
stated that she was very uncomfortable putting a resolution before
the Council to approve that would give them the right to vote or
not to vote.
Mr. Wells stated that he did not want to deal with Tract P, step
down, and then have the resolution passed, especially if Tract P
Agreements were defeated. He felt the Agreements were very
important and needed. If the Council's consensus was not to act
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on the resolution, then he felt very comortable with stating that
he didn't have a conflict of interest, and was prepared to act on
the transactions without stepping down. Councilwoman Davis stated
shS,f t ltdecirpsolution was not needed, and felt it was an
in vi ua The Town Attorney stated that the purpose of the resolution was to
give Bond counsel comfort, as well as the attorneys. They want to
protect the Tract P arrangements against claims that any action
taken by the Council was invalid or avoidable by reason of the
conflict of interest of some participant. He felt that if it was
determined by Council that there was no conflict of interest, that
determination would be respected by a Court. He stated that,
following that reasoning, if the resolution was not adopted, it
would be the prerogative of the Council to determine the
qualifications of its members. He stated that if Mr. Wells or Mr.
Nottingham did not step down in connection with Tract P, then it
would be resolved, unless another member of Council choose to
question their qualifications.
Councilman Watkins stated that, at this point, after the number of
times that Mr. Nottingham and Mr. Wells have stepped down for
supposed conflicts of interest, he didn't see what was to be
gained by voting on the Agreements at this time. He stated he
couldn't see any reason to jeopardize this matter at this time.
Mr. Watkins felt that when the Lease Agreement or the Water
District Agreements come before the Council, there would not be a
conflict. He felt that the matter of conflicts should be taken up
at a later date.
It was preferred by Mr. Watkins and Mr. Connell that Mr.
Nottingham and Mr. Wells step down until the County and Water
Authority Agreements were approved.
Be it noted that A.J. Wells and Allan Nottingham stepped down
because of an apparent conflict of interest.
The Mayor Pro-Tem then proceeded.
The Town Manager stated that the first agreement the Council
needed to address was the agreement between the Board of County
Commissioners, the Town of Avon, the School District, Benchmark
Companies, and Vail Associates. He stated, for the public's
information, that the 'agreements consisted of taking the three
acres on Tract P, exchanging and hopefully getting title, so that
the Town and the Water Authority could build facilities they need.
The Water Authority would be building an approximate 26,000 sq.ft.
building within those three acres. The Town would be building
facilities on top of the Water Authority Plant, as well as some
extra buildings, which would include a swimming pool, community
center, skating rink, etc., also sharing 3/4 of an acre with the
School District. In exchange for those three acres, the Council
was looking at joint use of three acres on Tract G.
Mr. James stated that there were a couple of issues, brought up at
the work session earlier, that were concerns of Chuck Schwahn.
The first was that Council consider giving the School District an
additional one acre, bringing the total exchange up to four acres.
He stated the only place to put the additional acre would be in
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the Northeast corner of Tract G. The second concern was on page
three, section 2, last sentence, which read, "In no event shall
any portion of either facility or of any other improvements ever to
be constructed to the east of the berm, now located in a north-
south direction on Tract P unless otherwise agreed to in writing
by the parties hereto".
Mr. James stated that Mr. Schwahn preferred that the sentence be
deleted from the agreement, since it was not addressed in the
April 15, 1975, Agreement. The third concern was in section 3. It
was recommended that the wording in the second to last paragraph
be clarified as to whether it was addressing Tract P or Tract G.
Mr James stated that the other item the School District would like
to see added to the Agreement was that it would take 60 days
to reach an agreement with the Water Authority in terms of how
additional costs may be shared, whether the Water Authority could
absorb the additional costs or what arrangements could be made
with the Town.
Discussion followed.
Al Connell moved approval of the Tract P Agreement with the County,
authorizing the Mayor Pro-Tem to sign the Agreement with the corrections.
The motion was seconded by Clint Watkins.
Discussion followed.
Clint Watkins clarified the corrections, as the deleting of the
last sentence in regard to permanent improvement on the licensed
portion of Tract G, and the addition of a paragraph 6 that states
it would be contingent upon the Town and the Water Authority
coming to an agreement within 60 days of the execution of the
Agreement by all the parties. Al Connell amended his motion to include
the clarifications. Clint Watkins amended his second to the motion
and was carried with Allan Nottingham and A.J. Wells abstaining. Section
6 reads as follows, "This Agreement is expressly contingent upon the
execution of an Agreement between the Town and the Upper Eagle
Regional Water Authority for construction of a water treatment
facility within 60 days of the execution of this Agreement by all the
parties thereto". The Town Manager stated that the Agreement with
the Water Authority should be taken back and worked on and reviewed
with the Water Authority to see what kind of ideas could be
determined in terms of reaching a settlement of how the costs would
be shared. It was agreed that a section Should be added in
regard to the railroad crossing as it is stated in the County Agreement.
The Water Authority would have better access from the water plant if they
could come across West Beaver Creek Boulevard rather than go around
on Highway #6. It was suggested that the Water Authority help with the
funds for a railroad access. No action was taken.
Norm Wood stated that staff had drafted a request for proposals for
an engineering study for a separated grade crossing at Avon Road. The
intent of the study would be to investigate two basic methods of
making a crossing; 1) would be lowering the tracks and maintaining the
road grade as it essentially exists; 2) to maintain the tracks at the
present location and look at going under the
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tracks with the roadway. The proposal request was for preliminary
information such as engineering design, what work would be
required as structures, retaining walls, and also costs. Also in
the study would be the upgrading of Avon Road from Beaver Creek
Boulevard to Highway #6 for five lanes with 60 foot pavement
width. He stated that if Council agrees to the proposal, the
proposals would go out to various engineering firms to see what
the estimated costs would be, then staff would approach other
entities to see if they would be interested in sharing the costs,
possibly come up with some of the funding to do the study. Mr.
Wood stated that the estimated study costs would be from $5,000 to
$15,000. Councilman Wells requested that possibly include in the
study, the on-grade crossing at the end of West Beaver Creek
Boulevard as an interim step. Mr. Wood stated that he saw
that as two separate matters, but was somewhat related. He stated that
the crossing at West Beaver Creek Boulevard was more of a
justification rather than cost. It was agreed that Mr. Wood
pursue the study.
The Town Manaaer reported on the Development Goals, Policies and
Programs. He stated that the Planning and Zoning Commission
were meeting Thursday evening to discuss those Community Goals,
Policies and Programs. He stated that the Council was invited to
come to those discussions. The meeting was scheduled from^3:001-,~p.M.
to 6:00 p.m. Mr. James stated that the Planning and Zoning
commission would be receiving the first draft of the District #1
Goals, which would include everything east of Avon Road.
The Town Manager reported on updating the Master Plan Model.
After discussion Steve Miller moved approval to update the Avon
Master Plan Model which would include resetting it back into the
corner and not to exceed a cost of $3,500. The motion was
seconded by Sheila Davis and was unanimously carried.
The Financial Matters were next presented to the Council.
Steve Miller moved to receive items #1 through #12. The motion
was seconded by Don Buick and was unanimously carried.
The Council agreed to eliminate item #2 of the financial matters.
Clint Watkins moved approval of the General Fund Accounts Payable
of December 11, 1984. The motion was seconded by Steve Miller and
was unanimously carried.
Al Connell moved approval of the Capital Projects Fund, Transit
Fund and the Mall Fund of Accounts Payable of December 11, 1984.
The motion was seconded by A.J. Wells and was unanimously carried.
Sheila Davis moved approval of the Reconciliation Sheet of
Accounts Payable of December 11, 1984. The motion was seconded by
A.J. Wells and was unanimously carried.
The minutes of the November 27, 1984 Council Meeting was next
presented to the Council. Clint Watkins moved approval of the
minutes of the November 27th meeting. The motion was seconded by
Steve Miller and was unanimously carried.
The lighting on the west side of the Avon Sign would be repaired
in a few days.
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Sheila Davis moved approval to. donate $500 to the Memorial
Fund that had been established for Chuck Anderson of which the proceeds
would go to the symposium. The motion was seconded by Steve Miller
and was unanimously carried.
Councilman Wells stated that the upcoming Avon Town Cup would be
the Second Annual Town Cup, not the first. Councilman Wells won
the First Annual Avon Town Cup.
At that point, Clint Watkins moved that Council retire into executive
session to discuss the evaluation of Bill James, Town Manager. The
motion was seconded by A.J. Wells and was unanimously carried.
Steve Miller moved to adjourn into executive session. The motion was
seconded by Clint Watkins. The meeting was adjourned into executive
session by Mayor Nottingham at 10:20 p.m.
Respecfully Submitted-:
icia J. Db)~le, Town (Cler
Approved:
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