TC Minutes 04-29-19859 0
MINUTES OF A SPECIAL MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 29, 1985 - 8:30 A.M.
A Special 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 8:36
a.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, and Al Connell present. Don Buick was
absent. Also present were assistant Town Attorney Art Abplanalp,
Town Manager Bill James, as well as members of the Avon
Metropolitan District.
The Town Manager stated that there was a Modification Agreement
before the Council. He stated that the Multi-Party Agreement,
dated December 17, 1984, would have to be changed.
Art Abplanalp stated that the problem with the Multi-Party
Agreement, between Eagle County, the School District, Benchmark
Companies, Vail Associates, and the Town of Avon, was that there
was a deadline stipulated that required the signing of a contract
for the construction of the water treatment plant within sixty
(60) days from that December date. Mr. Abplanalp stated that it
was now well beyond the 60 days, and no contract had been signed
to date. He stated that there were two ways in which this could
be handled. From the Bond Counsel's standpoint, the ideal way
would be to eliminate the contingency provision in its entirety;
the other way would be by Council amending the provision to
provide 180 days, instead of 60, which would then make the
deadline June of 1985.
Mr. Abplanalp recommended that Council approve both variations and
authorize the Mayor to sign which ever of them that was acceptable
to all the other parties involved.
The Town Manager stated that the Bond Closing for the Water
Authority was scheduled for tomorrow, April 30, 1985, on 8.3
million dollars to start on their Water Treatment Facility. Bond
Counsel preferred that the parties change the above referrenced
Section 6 of the Agreement, so that the parties would be well
within that time frame.
Steve Miller moved approval of the Modification Agreement, by
changing the 60 days to 180 days or by eliminating the
contingency provision in its entirety, which ever would be
i
acceptable to the other
sign either variation.
The motion was seconded
carried.
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parties, and to authorize the Mayor to
by Sheila Davis, and was unanimously
The next item before council was a discussion of the Easement
Agreement between the Town of Avon, the Avon Metropolitan
District, the Eagle-Vail Metropolitan District, and the Upper
Eagle Regional Water Authority.
Mr. James stated that the Agreement addressed the maintenance of
Nottingham Lake. He stated that the Town had a concern with some
of the language. The language could obligate the Town to provide
lake maintenance in the short and/or long term, placing a
liability on the Town for expenses for maintaining the lake. Mr.
James stated that, since this issue came up as an addition to the
Easement Agreement, he did not feel he had the authority to commit
the Town to a liability whereby the Town could possibly have to
spend $5,000 or $100,000 on maintenance for the lake. Mr.
James stated that Mr. Abplanalp has had discussions with the Water
Authority's Attorney. Mr. James suggested the possible
elimination, in Section 13, of the last two sentences in that
paragraph. He stated that there was nothing in prior agreements
or deeds that presently obligate the Town to provide maintenance
for the lake.
Discussion followed.
Duane Davis stated that, from the standpoint of the Water
Authority, they would maintain the lake as far as the silting
problem, but they felt they should not be obligated to provide
maintenance for things caused by recreation, such as trash
accumulation, cans, etc...
Mr. Davis was concerned with distinguishing the difference between
health problems and maintenance problems of the lake.
Further discussion followed.
At that point, Art Abplanalp read paragraph 13 in its entirety. It
read as follows:
"Any other provisions of this Agreement to the contrary notwith-
standing, Grantee's obligations hereunder to bear all costs of
maintaining and operating subject storage reservoir are limited to
the direct or indirect operations of the Grantee. By way of
example, the Town of Avon owns or controls recreation uses or
rights in and upon the subject storage reservoir. If, as a result
of the Town's exercise of said recreation rights or uses, a
significant adverse impact in the nature of trash accumulation or
similar impact, is created with regard to the storage reservoir,
then, in said event, the Grantee shall advise and demonstrate such
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problem to the Town, and the Town, in cooperation with the
Grantee, shall make every effort to correct such impact."
A.J. Wells moved approval of the language as was read by Art
Abplanalp. The motion was seconded by Steve Miller, and was
unanimously carried.
Sheila Davis moved to authorize the Mayor to sign the Easement
Agreement with the new language in paragraph 13, as stated above.
The motion was seconded by Clint Watkins, and was unanimously
carried.
There being no further business to come before the Council, Sheila
Davis moved to adjourn. The motion was seconded by Steve Miller.
The meeting was adjourned by Mayor Nottingham at 9:10 a.m.
Resp tfully Submitte
atricia J. D yle, Town Clerk
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