TC Minutes 10-14-19860 0
MINUTES OF THE REGULAR AVON TOWN COUNCIL
MEETING HELD 'OCTOBER 14, 1986 - 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 Nottingham at 7:51 p.m.
A roll call was taken with Clint Watkins, Steve Miller, Sheila
Davis, Gloria McRory, Al Connell and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering/Community Development Norm Wood, Director
of Public Works and Parks and Recreation Larry Brooks, Police
Chief Joe Olson, as well as, members of the press and public.
The Mayor called for Citizen Input. There being no objection, the
Mayor deferred the first three citizen items until after the
presentation from Brad Jones.
Mr. Jones was a candidate for County Assessor. He stated that he
was inquiring, from the Mayor and Town Council, what they found
as matters of concern regarding the assessors office, and those
concerns that might effect the Town of Avon. He stated that
he was past County Manager from 1981 to 1985.
Councilman Watkins stated that he had a concern of how the
assessor's office assessed the time-share projects. They were
apparently assessed on the condominium, instead of on the value
of each week. Mr. Jones stated that he would look into that
matter. He stated that the withholding and reduction of revenues
were of interest to every council in the state, and that these cities
and towns would have to look for new revenues, and would have to
explore every possible resource.
After discussion, the Mayor thanked Mr. Jones for his presentation.
Jerry Davis approached the Council. He was before the Council to
speak on a community affair which was the Public Access Television
through the cable system, primarily, through Hertiage Cablevision.
Mr. Davis was presenting the Council with a proposal. He stated that
there was a vast amount of research that had been done on whether
or not there was a need for Public Access Television, and if there
was a need, who would be in charge, how would it work, and who
would pay for it.
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He stated that Public Access was available to anyone who wanted to
use it. They could contact Heritage, put their programming on
Channel #5, which was available 24 hours a day, at no charge to
anybody. He stated that if a citizen had an opinion, they should
have it produced, and then it would be placed on the Channel for
all of the community to view.
He stated that there was a production facility being provided with
an arrangement between Heritage Cablevision and the Town of Vail.
The funding would become the responsibility of .the Town of Avon,
Town of Minturn, Town of Vail, users of the Public Access, and
Heritage Cablevision. He stated that the Public Access Committee
was proposing an eighteen month window. The program would, during
that time, be evaluated by all parties to determine the use by the
community, the success of the program and whether the grants
should be continued. Mr. Davis was requesting Council's support,
along with, the trial period of eighteen months to make it work,
and to request a contribution, which would consist of the Town's
Franchise Fee for one year starting in 1987. The fee would be 30
or approximately $6,000. If the Public Access Television was
successful, then the Town would be committing their Franchise Fee
on a long term basis to Public Access.
After discussion, Mr. Davis stated that he would return to the
Council to see what the Council would offer for Public Access.
Television.
The Mayor thanked Mr. Davis for coming.
Next on the agenda was the discussion of the Avon/Eagle-Vail Bike
Path. Mike Mollica, County Planner with the Department of Community
Development for Eagle County, approached the Council. He stated
that-approxiaately a year ago, the Eagle-Vail Homeowners Association
approached the County Commissioners with a request for a bike
path. He stated that the County Commissioners felt that there was
a need for a bike path in this particular area. Mr. Mollica reviewed
the proposed bike path map with the Council. The bike path would
run from Dowd Junction to Edwards. This group had been working
on this project for several months, and apparently had finally
arrived at a solution which may be feasible. The path would run
from the railroad tracks on Avon Road to the stop light, run east
on Highway #6 to the River Oaks Condominium project.. It would then
run east and be connected by an easement to the local streets of
Eagle-Vail. The Homowners Association would be contributing up to
$25,000 for the project. Mr. Mollica was requesting that Avon
contribute approximately $15,000 to $30,000. The County was willing
to contribute $55,000, Vail Associates up to $7,000.
The Town Manager stated that he felt it was an excellent project. He
stated that Avon receives approximately $2,400 each year in lottery
proceeds. Mr. James stated that he would request that the Avon
Metropolitan District also contribute their lottery proceeds to this
project.
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Mr. Mollica stated that the construction would begin in the spring.
The Mayor thanked Mr. Mollica for coming(See memorandum attached
to these minutes).
Mr. Bob Hull, Program Director with the Colorado West Professional
Counseling Center, approached the Council. Mr. Hull presented their
plan for the coming year and to request a contribution from the Town.
The contribution was in the amount of $5,390 for services that
Colorado West Professional Counseling Center provides for Eagle
County. This figure was a loo increase over last year's contribution.
Mr. Hull presented the Council with a break down of the services
and a number of clients that have been brought in from the Town
of Avon. Mr. Hull stated that he would like to appear before the
Council quarterly, and present to them the program with statistics.
After discussion, the Mayor thanked Mr. Hull for coming.
Mr. Bob Knous, President of the Vail Valley Foundation, approached
the Council. He brought the Council up to date with the 1989
World Cup Championships.
John Garnsy, also with the Vail Valley Foundation, approached the
Council. He stated that there was a couple of changes that had been
made since the last time this was discussed with the Council.
One of the major suggestions that was made was that they move the
men's slalom to Beaver Creek. He stated that it should enhance this
end of the valley. He stated that there would be seven events in Vail
and six events in Avon/Beaver Creek. He stated that the maximum
television coverage would focus on the downhill, which would be a
real assest to the Avon/Beaver Creek area. Mr Knous stated that
they would not conduct the event past February 12th, so that the
World Cup would not impead over the presidential weekend. He
stated that ABC Television owns the rights to the event. However,
ABC was not. interested in covering the event during the week., but
with their relationship with ESPN ESPN would cover the event during
the week. The total budget of the event was approximately seven
million dollars. That money would be used to produce and operate
the event. Mr. Garnsy stated that the support of Avon, Vail and
Eagle County would go toward the operation of the event. There were
two separate committees; 1)was the advisory committee, and 2) was
the organizing committee.
Mr. Knous stated that he would submit a status sheet to the Mayor
for his information.
After discussion, the Mayor thanked Mr. Knous and Mr. Gransy for
coming.
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Kevin Payne, Executive Director of the Western Vail Valley Chamber
of'Commerce,. approached the Council. Mr. Payne once again thanked
the Council for its support of the organization. Mr. Payne then
reviewed the membership/revenues; special events; marketing; and
the central reservations with the Council. Mr. Payne stated that
the Chamber accomplishments were accomplished with the strong
support of the entire community and that the Town of Avon has been
the keystone in the growth of those accomplishments in the last
couple of years.
He stated that the Chamber was particularily proud, because by taking
the Town's dollar contribution(this year it would be $42,500), the
Chamber leveraged that to more than a million and a half dollars
in marketing. He stated that he hoped he could count of the Town's
support in the future.
The Mayor thanked Mr. Payne for coming.
There being no further citizen input, the Mayor closed the discussion.
The next item
1987 budget.
There being n
hearing.
on the agenda was public hearing on the proposed
The Mayor opened the meeting for public hearing.
one wishing to be heard, the Mayor closed the public
Resolution No. 86-18, Series of 1986, A RESOLUTION GRANTING A SPECIAL
REVIEW USE TO ALLOW AUTOMOTIVE REPAIR(BODY AND FRAME SHOP), ON LOT 11,
BLOCK 1 BENCHMARK AT BEAVER CREEK.
Norm Wood stated that an application was made to the Planning and Zoning
Commission for a Special Review Use to allow a body and frame shop
on Lot 11, Block 1, Benchmark at Beaver Creek. The proposed site
development plans utilize the natural features of the site to screen
activities associated with the Special Review Use and to minimize
impacts to surrounding properties. The plans show a low profile
building set into the hillside at the northwesterly corner of the lot.
The parking lot would-be screened by a landscaped earthern berm with
the top approximately 10 to 12 feet above Metcalf Road. A small
automobile storage yard(4 to 6 spaces)would be screened by a wooden
fence, as well as, the building and earthern berm. Mr. Wood then
reviewed the plans with the Council. He stated that after the
discussions in the Planning and Zoning Commission's public hearing,
the Commission approved the Special Review Use and recommended Council
approval of the Special Review Use.
Councilman Miller moved approval of Resolution No. 86-18, Series of
1986. The motion was seconded by Councilwoman Davis and was
unanimously carried.
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The Town Attorney report was next on the agenda. Mr. Dunn reviewed
and discussed a proposed Mutual Release Agreement. He stated
that he had received a motion to continue the hearing, which was
filed by FSLIC. The motion represented to the court was that the
loan was being sold to some unknown financial institution. He
stated that he would not oppose the motion. He stated he had also
received a call from the attorney who represents Magnet Bank(the
successor of State Savings of Salt Lake City as lead lender). Mr.
Dunn stated that he was told by the attorney that there were two
conditions to the sale of the note; 1)dismissal of the law suit
filed in the Federal Court in which a third party complaint had
been filed against the Town, but was not yet served on the Town;
2)a release by the Town of Avon of Magnet Bank. The Mutual Release
Agreement had been drafted by both Magnet Bank's attorney and
Mr. Dunn, of which he recommended that Council agree to, at this
time. Basically, there was nothing to release, but Magnet Bank
was requesting the executed release just so everything would be
clean. He stated that the sale of the note would cause an infusion
of new money. Mr. Dunn then reviewed the agreement with the
Council. Councilwoman Davis had concerns of executing the agreement,
and did not feel comfortable at this time to give approval for
the release.
Councilman Connell agreed.
Councilwoman Davis stated that she would review the agreement and
then contact Mr. Dunn to relay her comments and concerns at that
time.
Councilman Buick felt it was a very standard mutual release, and
felt that a financial institution may make their ddcision on the
spot, and he felt that waiting two weeks may make a difference as
to whether it would slow down the process of the project.
Councilman Buick felt that the Council should authorize the Mayor to
execute the release agreement so that there would not be any time loss
if a financial institution came aboard.
Councilman Watkins agreed, and felt if the Council waited for another
two weeks, it may hender the process.
After discussion,. Councilman Miller moved to authorize the Mayor to
sign the Mutual Release Agreement as presented, and not to deliver
the release until the Town received further information on the
discussions. The motion was seconded by Councilman Buick and was
carried with Councilwoman Davis opposing.
The next item on the agenda was the proposed bus stop on Benchmark
Road for Falcon Pointe time-share. The Town Manager stated that he
had received a call from Mark Mitchell, with Falcon Pointe, and that
they were willing to contribute up to $10,000 for construction of the
bus stop. Norm Wood reviewed the design for the bus stop with the
Council. It included widening the entrance to Falcon Pointe, and the
installation of guardrail to separate vehicular and pedestrian
traffic.
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After discussion, the recommended action was, 1) Receipt of an
acceptable bid for construction; 2) Receipt of a written commitment
from the developers of Falcon Pointe to reimburse the Town for
the total cost of construction of the bus stop.
Councilman Miller moved to authorize the Town staff to proceed with
the bus stop construction upon receipt of an acceptable bid for
the bus stop not to exceed $10,000, as well as, receipt of a written
commitment from the developers of Falcon Pointe.
Councilman Buick requested to amend the motion to change "reimburse"
to "collect the majority of the contribution up front".
Councilman Miller amended his motion to reflect that change. The
motion was seconded by Councilman Connell and was unanimously carried.
Next on the agenda was the request for a sixty day.extension for
recording of Final Plats for the Eaglebend Subdivision. Norm Wood
stated that Council had approved the final plats for Eaglebend
on July 22, 1986. He stated that according to section 16.24.030 of
the Municipal Code it was required that final plats be recorded
within ninety days from the date of approval. The expiration date
will expire October 20, 1986.
Mr. Jeff Spanel indicated that all the required agreements and
signatures could not be obtained by that date, due to the complicated
nature of this subdivision and the number of parties involved, and
was requesting a sixty day extension.
Councilman Buick moved approval of the sixty day extension. The
motion was seconded by Councilman Miller and was unanimously carried.
Next on the agenda was a request to amend various sections of the
Municipal Code. This request was from Chief of Police Joe Olson.
Most of the items were just house keeping in nature. These
amendments were regarding the following; 1) new ordinance conforming
with state law regarding the towing of vehicles from public streets
and right-of-ways; 2)new ordinance on criminal menacing; 3)adding two
sections to the town ordinances on liquor laws; 4)town ordinance
clarifying requirement on railroad crossings.
Councilman Miller moved to direct the Town Manager to forward the
requested amendment to the Town Attorney for drafting appropriate
ordinances to amend the Municipal Code subject to Council review.
The motion was seconded by Councilman Watkins and was unanimously
carried.
The financial matters were next presented to the Council.
Councilman Buick moved to receive items #1 through V. The motion was
seconded by Councilwoman Davis and was unanimously carried.
Councilman Miller moved approval of the General Fund of Accounts
Payable of October 14, 1986. The motion was seconded by Councilman
Buick and was unanimously carried.
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Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable of October 14, 1986. The motion was seconded by
Councilwoman Davis and was unanimously carried.
The minutes of the September 23, 1986 Council meeting were next
presented to the Council.
Councilman Miller moved approval of the September 23rd minutes as
presented. The motion was seconded by Councilman Connell and was
unanimously carried..
The Town Manager stated that the Cafe Espresso, Inc. had given a
dinner for the Battle Mountain High School Team. The Avon Police
Officers served the team. He stated.that the Council could take
pride in the Avon officers, as well as, the boys on the football
team.
Mr. James wanted to thank them for a super job.
Mr. James also stated that Avon would be on one of the back covers of
the ski maps for the 1986-1987 ski season.
Councilman Watkins discussed the dues structure for the Northwest
Colorado Council of Governments. He stated that the figures for the
Head Water Counties were paying more because it does effect this
area. The amounts were based on the ability to pay. He stated he wanted
to bring this matter to the Council's attention before the 1987
budget was finalized.
Councilman Miller felt that Upper Eagle Valley Sanitation District was
not sufficient in their information to the public in regard to the
safeness of Nottingham Lake after it had been serviced.
The Mayor stated that he attended the last CAST meeting, which was
held in Telluride, Colorado. It was stated that the ski industry
was not growing, but just competing with one another. The ski
industry nationwide has increased 1%. In the State of Colorado, it
had increased 1.4%.
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Larry Brooks would be picking up some 200, free to charge, trees
averaging 2-3 feet from the Sophris Nursery.
There being no further business to come before the Council,
Councilman Buick moved to adjourn. The motion was seconded by
Councilman Miller. The meeting was adjourned by Mayor Nottingham
at 9:50 p.m.
APPROVED:
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Res-pec-tfblly Submitted:
Patricia J. Doyle, Town Cyer
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MEMO
TO: Honorable Mayor and Town Council
FROM: William D. James, Town Manager
SUBJECT: Avon/Eagle-Vail Bike Path
On Thursday, October 9, 1986, I met with representatives from the County and
from the Eagle-Vail Homeowners Association to discuss a bike path that would
connect Avon's bike path with Eagle-Vail. The main objective for the path
is to provide safe access for local bicyclists between the two areas.
This group has been working on this project for several months, and has final-
ly arrived at a solution that appears to be feasible. Basically, the path
would go from the railroad tracks on Avon Road to the stop light, and then
east on Hwy. 6 to the River Oaks condo project. Just east of River Oaks, the
bike path would then be connected by an easement to the local streets of Eagle-
Vail to get the cyclists off the Highway.
FUNDING:
The County plans to use lottery funds for its share
owners Association is contributing up to $25,000 to
asked to assist in the total cost of the project.
estimates are not available, Avon's share would be
$30,000. The County is willing to contribute up to
up to $7,000.
of the project. The Home-
the project. Avon has been
Even though final cost
approximately $15,000 to
$55,000, and Vail Associates
SUMMARY & CONCLUSION:
This is an excellent project for lottery
$2,400 each year in lottery proceeds. I
contribute its lottery proceeds to this
to pay, up front, the entire cost of the
a two-year period. If, indeed, the cost
lowing funds would be needed:
funds. Avon receives approximately
will ask that Avon Metro District also
project. The County seems to be willing
project and spread the total cost over
can be spread over two years, the fol-
(OVER, PLEASE)
Honorable Mayor andOwn Council
October 10, 1986
Page 2
ASSUME $30,000 TO BE AVON'S SHARE -
Lottery Proceeds 1986 87 88
Avon $ 2,400 $ 2,400 $ 2,400
.AID 2,400 2,400 2,400
4,800 4,800 4,800
Additional Funds from
Total
$ 7,200
7,200
14,400
Other Sources 7,800 7,800 15,600
$ 4,800 $12,600 $12,600 $30,000
The above scenerio assumes the maximum contribution. Of course, if costs are
lower, funds from other sources would be reduced accordingly.
RECOMMENDATION:
Listen to the presentation, and consider the proposal at the next Budget Work
Shop, on October 22nd.
WDJ/brj
10/10/86