TC Minutes 08-28-1990MINUTES OF THE REGULAR COUNCIL MEETING
HELD AUGUST 28, 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 7:45 P.M.
A roll call was taken with 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, Police Chief
Art Dalton, Fire Chief Charlie Moore, Town Clerk Patricia J. Doyle,
as well as, members of the press and public. Councilman Garton was absent.
The Mayor called for Citizen Input.
Mr. Herbert (Chip) Delap with Delap and Barry, Attorneys at law,
approached the Council. Mr. Delap discussed the upcoming filing of
the class action against Paramount Communications. He stated that it
would probably be appropriate for some governmental agency in Eagle
County to serve as a class representative for the effected governmental
entities. Mr. Delap then discussed and explained the purpose of class
representatives for the Eagle Mine class action. Mr. Delap was
requesting permission to use the name of the Town of Avon as a
representative as a governmental entity to proceed with the class action.
He stated that probably the class action would be filed whether or not
the Town Council gave permission to use the Town's name.
Mayor Nottingham felt Avon was impacted dramatically by this Eagle
River pollution.
Discussion followed.
Councilman Davis stated that he would support the case and support
the monies.
Mr. James stated that the Council should review the complaint before it
was filed.
After further discussion, Councilman Davis moved approval to lend Avon's
name to the class action suit as a governmental agency to proceed to
have the Eagle River cleaned up. The motion was seconded by Councilman
Stovall. The motion carried with Councilman Reynolds opposing.
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There being no one else wishing to be heard, the Mayor closed the
Citizen Input portion of the agenda.
Second 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 AGqINST EACH LOT OR
TRACT OF LAND IN THE DISTRICT; AND PROVIDING FOR THE LEVY AND COLLECTION
OF SAID ASSESSMENTS.
Councilwoman McRory moved approval of Ordinance No. 90-14, 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.
The Town Manager requested that this Ordinance be tabled until September
11, 1990.
Councilman moved to table Ordinance No. 90-14, Series of 1990 until
September 11, 1990. The motion was seconded by Councilwoman McRory
and 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, MULTIFAMILI
HOUSING REVENUE BONDS (EAGLEBEND PROJECT) SERIES 1990 IN THE AGGREGRATE
PRINCIPAL AMOUNT OF $5,000,000 TO FINANCE THE 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 FINANCING AGREEMENT, NET OPERATING LOSS AGREEMENT,
CLOSING DOCUMENTS 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.
Mr. James stated that the developers were still putting their efforts
into trying to find financing for private activity bonds. He requested
that this Ordinance be tabled until September 11, 1990, which would be
the last table date.
Councilman Reynolds moved to table Ordinance No. 90-5, Series of 1990
until September 11, 1990. The motion was seconded by Councilman Stovall
and was unanimously carried.
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First reading of Ordinance No. 90-15, Series of 1990, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF A PORTION OF THE WILDRIDGE SPA (LOTS
13, 14 and 15, BLOCK 2) ESTABLISHING A DEVELOPMENT PLAN AND ITS CONTENT
AND ESTABLISHING DETAILS RELATING THERETO.
Jim Curnutte, Avon's Planner stated that at their public hearing on
August 21, 1990, the Planning and Zoning Commission recommended approval
of KED Development's request to amend a portion of the Wildridge SPA.
The proposed amendment involved resubdividing lots 13 (fourplex lot),
14 (sixplex lot) and 15 (duplex lot), Block 2, into 12 single family
lofts and two public roads. The project was called Wildridge Acres.
The applicant had indicated that it was their intent to construct the
two roads to Town standards and requested that they be taken over for
maintenance by the Town. He stated that Ordinance NO. 90-15 had been
prepared for review and adoption by the Town Council on first reading.
There was discussion about whether or not the roads should be public
or private. The applicants were proposing to build the roads to Town
standards and requested that they be taken over for maintenance by the
Town. For this reason, combined with the fact that all common open
spaces have been removed, the applicant had indicated that a Homeowners
Association was no longer necessary.
Mr. James stated that the developer was creating an additional maintenance
item on the Town, which was not included in the original subdivision.
Mr. James was concerned of whether there should be additional compensation
for the Town of Avon to allow this subdivision to be approved by Council,
allowing these public streets.
Councilman Davis asked who was paying for the maintenance of these roads.
He stated that he was in favor of developing Wildridge, but in changing
the way its being developed, it was different than what was originally
preceived. This issue needed to be discussed. He stated that by the
developer adding public streets, they were receiving some benefits,
and the Town was also receiving some benefits by the development of the
area, but what was the compromise, the Town has additional cost over and
above the original lot design, there was a road in front of the lot
previously,-but now there was a new design of a road, which would
be an added expense, and if four or five more of these new designs were
proposed, there would be considerable more expense. The road system,
in Wildridge, presently was the most expensive_part of the Town's whole
system. He stated the Town should consider a policy, should the Town
maintain the roads at no additional costs, or should the Town consider
extracting money from the developer for maintenance of those roads. He
stated that a decision should be made now.
Rick Pylman reviewed the history of the project and the additional roads.
Discussion followed.
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Councilman Davis suggested that the staff and the developer discuss this
concern between first and second reading of the ordinance.
The Mayor stated that possibly the only solution was to have the
roads remain private roads.
Councilman Bennett moved approval of Ordinance No. 90-15, Series of
1990. The motion was seconded by Councilman Reynolds.
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. 90-29, 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 THE TIME AND
PLACE FOR A HEARING ON THE ASSESSMENT ROLL; AND PRESCRIBING THE NOTICE
OF HEARING.
Mr. James stated that there was a publication error on the last public
notice. This resolution would resolve that problem and delay the
process by two weeks.
Councilwoman McRory moved approval of Resolution No. 90-29, Series of
1990. The motion was seconded by Councilman Stovall and was unanimously
carried.
Next on the agenda was the discussion of the Open Space Lots in the
Wildridge Subdivision.
Be it noted that Councilman Stovall stepped down due to conflict of
interest.
Mr. James stated that these open space lots have doubled in price in
regard to back taxes, which were approximately $48,000. After some dis-
cussion it was the consensus of the Council to look at all alternatives
and to return to the Council with a decision.
Councilman Stovall then resumed his seat.
Next on the agenda was the discussion of the Master Plan Proposals.
It was agreed by the Council to review the proposals and to interview
the applicants in two weeks.
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Next on the agenda was discussion of the Preliminary Alignment for
Benchmark Road East.
Mr. Jeff Spanel reviewed the map of the Benchmark Road East Alignment.
After some discussion, there were three proposed changes.
Mr. Spanel stated that he would make those changes and return with a
final design. (See letter attached to these minutes).
Councilman Stovall then retired from the meeting at 9:39 p.m.
Next on the agenda was the Forest Service Agreement.
This Agreement was in repsect to the new Forest Service Office Building
at Dowd Junction. This Agreement was between the White River National
Forest, Avon/Beaver Creek Resort Association, Vail Resort Association,
Town of Minturn, Town of Avon, Town of Vail and Eagle County.
Councilwoman McRory moved approval of the one-time donation expenditure of
$15,000 toward the new Forest Service Office Building at Dowd Junction.
The motion was seconded by Councilman Davis and was unanimously
carried. (See Agreement attached to these minutes).
The Financial Matters were next presented to the Council.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for August 28, 1990. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for August 28, 1990. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the August 14, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
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Under Other Business, the Council discussed the proposed construction
of the 649 foot high radio tower at Dowd Junction. The Town Council
felt that it would help the potential of the Town's Communication
system. The Council directed the Town Manager to send a letter to the
County Commissioners stating that the Avon Town Council was in favor
of the 649 foot high radio tower at Dowd Junction, but they would
prefer the red lights on the tower rather than the strobe lights.
It was aareed that the Council would tour the Wildridge Subdivision
on Tuesday, September 11th at 2:00 p.m.
Councilwoman McRory moved to adjourn into executive session to discuss
the Eagle Mine Clean-up. The motion was seconded by Councilman Bennett.
The meeting was adjourned by Mayor Nottingham at 10:05p:m.
The Council then retired into executive session.
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Inter-M®unt~un
E~gineerin$Ltd.
August 17, 1990
Bill- James
Town of Avon
Box 975
Avon, CO 81620
Re: Preliminary alignment
Benchmark-Road East
Project, No. - 90135E
Dear Bill,
Enclosed please find 10 copies of the preliminary roadway.
alignment for Benchmark Road East and Plaza Way_
As we discussed with the property owners, no on-street
parking was allowed through Tract Q and Lot 65,'and 45 degree_
angle parking was.used -on one side of the street, adjacent to Wal
Mart so that no parking-will be lost-on, that site. '(Two ,`spaces
will be relocated from just west of the building to the angle-
parking.),
We investigated and found that an equivalent number of
spaces lost to the roadway can be found on the "pad" site on Lot
65. The access road between the existing road and the-pad is
currently one .lane and may need to be widened, and this
configuration likely will not work -for a fast food franchise. "
We recommend that raised curbing be used-for the road so as
to restiict access into the existing parking lots as'shown to
improve circulation: A joint access is proposed along the lot
line common to-,Tract Q and Lot 65.
,The entrance problem from Beaver Creek ,Blvd. to the
Benchmark Shopping Center is being mitigated'by using a raised
'island to prevent westbound traffic from entering the lot- -
I have attached a, letter from Leigh, Scott and Cleary who
reviewed the proposed alignment and feel that it will function
well as the first phase of the recommendations contained in the
Traffic Pattern Study we recently completed.
- Box No. 978 + Avon, Colorado 81620 . 949-5072 Denver 893-1531
1420 Vance Street : Lakewood, Colorado 80215 ! Phone: 232-0158
•
Bill James
Town of Avon
Page 2
August 17,1990
V-90135E
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The roadway cross-section used for this study was 30 feet
curb to curb. A 40-foot right-of-way will be adequate at this
time, and will allow room for sidewalks. However, the traffic
study recommends a 40-foot road cross-section as the long-term
solution. This road width will require a minimum 50-foot right-
of-way, and you may want to consider acquiring that now.
I hope you
to proceed with
concept.
will find this information useful. We are ready
the design as soon as you approve the alignment
Sincerely,
JMS:cjn
I
Je e:
Vic
Spanel, P.E.
dent
LSC INC DENVER • TEL No.303-333-1107
Leigh, Scott & Cleary, Inc.
TRANSPORTATION PLANNING
& TRAFFIC ENGINEERING CONSULTANTS
Offices in Denver and Colorado Springs
oAu9.17.90 15:12 P.02
1889 York Stree
Denver. Colorado SMOt
(303) 333-110:
Fax: (303) 333.11(:
August 17, 1990
Mr. Jeff Spane•l
Inter-Mountain Engineering, Ltd
P.Q. Box 978
Avon, CO 91820
Dear Jeff.
We arm in receipt of a copy of
extension of Benchmark Road from Avi
Avon, Colorado. It is our opinion th
substantially conforms to the "Alters
page 14 of our June 20, 1990 Traffic
proposed 30-4oot-wide cross-section
have an estimated daily capacity of
the proposed extension should certai
phase of Alternates "D" or °E" descr:
Please give me a call if we can
Sincereiy,
LEIGH, SCOTT, & CLEARY, INC.
.
by:__ q
Philip . Ss. t III, P.E.
PNS/bps
t
Benchmark Ro Extension
CLSC *900230)
ur proposed gnment for the
Road to Seaver Creek Place in
this proposed oadway segment--
a C" conceptuajL layout shown on
ittern Study. a segment's
id geometrics n be expected to
iut 6000 vehi s. Furthermore,
function well;as the first
d in our receni report.
of additional
assistance.
Transportation Syswnu 0 Tansit • Parking • vamiar Atlas • Pedestrisa & Bicycle Planning Traffic Operations & Safety • tgnal Design • Traffic Impact Sntdies
f • •
Control No.
PARTICIPATING AGREEM ENT
BETWEEN
The White River National Forest, an agency of the United States Department of
Agriculture, hereinafter referred to as the Forest Service, and the Avon/Beaver
Creek Resort Association, Vail Resort Association, the Town of Minturn, the
Town of Avon, the Town of Vail, and Eagle County (hereinafter referred to as
the Association).
WITNESSETH:
Whereas, the Forest Service is responsible for developing the National Forest
resources for sustained yields of products and services in the best combination
for the use, enjoyment, and education of the American people, as provided in
the Organic Administration Act of 1897, the Multiple-Use Sustained-Yield Act of
1960, and other laws. It is the policy of Congress that the National Forests
are established and shall be administered for outdoor recreation, range,
timber, watershed, and wildlife and fish purposes.
Whereas, The Forest Service, within this mandate responsibility, is conducting
a program to provide facilities within National Forests for outdoor
recreational and educational activities for the public; and
Whereas, the Forest Service deems it desirable to provide educational and
interpretive information about the forest resources, natural phenomena, local
history, and similar matters; and
Whereas, the Forest Service intends to build administrative offices including
visitor information services (hereinafter to be referred to as the VIS Center)
for the Holy Cross Ranger District at Dowd Junction to be operational in
calendar year 1991; and
Whereas, the Association desires a convenient and central location for
travelers and others to obtain information about the various activities,
programs and facilities of the parties to this Agreement; and
Whereas, the Association desires to donate funds to the Forest Service for the
design and construction of kiosks and displays and for furnishings to be
located in the VIS Center in order to provide the public quality service.
Now therefore, pursuant to authority contained in the Act of December 12, 1975
(89 Stat. 804), and in the Act of April 24, 1950 (16 U.S.C. 572 and 16 U.S.C.
580d) the Forest Service and Association agree as follows:
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1. FOREST SERVICE
The District Ranger, Holy Cross Ranger District, is hereby designated as
the official representative for administering the terms under this
Agreement for the Forest Service. As such the District Ranger has final
authority on all matters pertaining to the administration of the VIS
Center.
A. VIS Center
The Forest Service agrees to allow the Association to share the
information area of the VIS Center for those purposes detailed in
section 2. This information area consists of approximately 800
square feet of display/information space, the conference room,
and the public restrooms.
B. Promotional Displays
1. The Forest Service shall approve the planning and design of
VIS displays and kiosks at the VIS Center.
C. Facilities
1. The Forest Service will plan and construct the VIS Center.
2. The Forest Service shall provide the Association with
facilities as may hereafter be deemed necessary or desirable by
the Forest Service.
3. The Forest Service reserves the right to design and construct
any new facilities, and shall allow the Association to review and
comment on any plans therefor.
4. The Forest Service will maintain ownership and title to the
building, furnishings, fixtures and kiosk displays.
5. The Forest Service will provide for the operation and
maintenance of the VIS Center.
D. Operational Expenses
1. The Forest Service shall provide the Association with
incidental utility services and operational expenses at the VIS
Center, including water, electricity, heat, air conditioning (if
applicable), building and parking area maintenance, and
janitorial work subject to the provisions detailed in 2.D.
2. The Forest Service shall pay the balance of the operational
expenses not paid by the Association in 2.D.
3. The Forest Service shall establish a fund, hereafter referred
to as the "VIS fund," for contributions by the Association as
detailed in 2.D. This fund shall be used for operation and
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maintenance costs which shall include, but not be limited to,
incidental Forest Service salaries, necessary supplies,
utilities, and building and parking area maintenance, and
janitorial work.
E. Accounting Records
1. The Forest Service will be solely responsible for the
financial arrangements and completion of the work to be performed
under this Agreement.
2. The Forest Service shall keep appropriate financial books,
records, and accounts pertaining to this Agreement to standards
acceptable to the Forest Service.
3. The Forest Service will allow authorized officials of the
Association to examine such financial books, records, and
accounts of the Forest Service, and these records and accounts
will be retained by the Forest Service and kept available for 5
years after termination of this Agreement, unless disposition is
otherwise authorized in writing by the Forest Service. Such
books, records, and accounts may be examined at-any reasonable
and convenient time during such periods.
2. ASSOCIATION
The Association will assist the Forest Service in providing educational and
informational services at the VIS Center by donating funds as detailed
below for VIS displays, kiosks, furnishings and related items.
The Association will be represented by the Directors of the Vail Resort
Association and the Avon/Beaver Creek Resort Association.
A. Donations
1. The following members of the Association shall provide
donations to the US Forest Service as a one-time contribution in
the following amounts:
Town of Avon - $15,000
Town of Vail - $15,000
Town of Minturn - $5,000 (in cash or in-kind services)
Eagle County - $13,500
2. Donations shall be tendered with the signed original of this
Agreement.
B. Promotional Displays
1. The Association shall work with the Forest Service in the
planning and design of VIS displays, kiosks, and furnishings.
2. VIS displays, kiosks, and furnishings for the Association
must be part of an integrated theme representing all partners
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and must meet Forest Service standards and be approved by the
District Ranger, Holy Cross Ranger District.
C. Association Activities
1. Association activities (i.e. questions asked by the general
public) may be conducted by Forest Service personnel if they are
incidental to regular Forest Service work.
2. The Association may install direct telephone lines from the
VIS Center to the offices of the Vail Resort Association and the
Avon/Beaver Creek Resort Association.
3. The Association may provide additional staffing for the VIS
Center at Association expense.
D. Operational Expenses
The Avon/Beaver Creek Resort Association, and Vail Resort
Association shall each pay $2,500 yearly (or provide in-kind
services) to the Forest Service towards the operation and
maintenance of the VIS Center payable on October 1 of each year
beginning October 1, 1991. Operation and maintenance costs shall
include, but not be limited to, incidental Forest Service
salaries, necessary supplies, utilities, building and parking
area maintenance, and janitorial work.
E. Approvals
1. Hours of operation, standards of service,'furnishings, and
displays shall be subject to the approval of the District Ranger,
Holy Cross Ranger District.
2. The Association may at any time make a written request for
such necessary approvals.
7. MISCELLANEOUS
A. Members of Congress and The United States of America shall not be
liable for any damage incidental to the performance of work under this
agreement to any depositors or landowners who are parties to the
agreement and all such depositors or landowners hereby expressly waive
any and all claims against the United States of America for
compensation for any loss, damage, personal injury, or death occurring
__..in consequence of the performance of this Agreement.
B. The rights and benefits conferred by this Agreement shall be
subject to the laws of the United States governing the Forest Service
and to the rules and regulations promulgated thereunder, whether now
in force or hereafter enacted or provided; and the mention of specific
restrictions, conditions, and stipulations herein shall not be
construed as in any way impairing the general powers of supervision,
regulation, and control by the Forest Service.
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C. In all cases where rights or privileges are granted herein in
general or indefinite terms, the extent of the use of such rights or
privileges by the Association shall be determined by further written
agreement.
S
D. This Agreement will. be effective on the date when all parties have
signed the Agreement and donations have been tendered and will be in
effect until terminated. The parties reserve the right to terminate
or amend the Agreement upon 60 days written notice to each of the
other members of the Visitor Information Services Advisory Committee
who are parties hereto. The parties agree to meet prior to the
termination notice setting forth the reasons for such action. In the
event one or more parties terminates its participation in this
agreement, this agreement will remain in effect for the remaining
parties.
E. If any clause or provision of this agreement shall be held to be
invalid in whole or in part, then the remaining clauses and provisions
or portions thereof shall nevertheless be and remain in full force and
effect.
•
Iff VITNESS QBEBEOF, the Association hereto have set their hands and seals the
day and year written below. "
UNITED STATES FOREST SERVICE
Date BY
Forest Supervisor, White River NF
AVON/BEAVER CREEK RESORT ASSOCIATION
Date
Date
BY
VAIL RESORT ASSOCIATION
BY
TOWN OF AVON
Date BY
TOWN OF VAIL
Date BY
TOWN OF MINTIIRN
Date
EAGLE COUNTY
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Date