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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. 0 0 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. -2- 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. -3- • • 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. -4- 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 $15,000 toward the new Forest Service Office Building at Dowd Junction. The motion was seconded by Councilman Davis and was unanimously carried. (See Agreement attached to these minutes). The Financial Matters were next presented to the Council. Councilwoman McRory moved approval of the General Fund of Accounts Payable for August 28, 1990. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for August 28, 1990. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman McRory moved approval of the August 14, 1990 Council Meeting Minutes as presented. The motion was seconded by Councilman Reynolds and was unanimously carried. -5- 0 0 Under Other Business, the Council discussed the proposed construction of the 649 foot high radio tower at Dowd Junction. The Town Council felt that it would help the potential of the Town's Communication system. The Council directed the Town Manager to send a letter to the County Commissioners stating that the Avon Town Council was in favor of the 649 foot high radio tower at Dowd Junction, but they would prefer the red lights on the tower rather than the strobe lights. It was aareed that the Council would tour the Wildridge Subdivision on Tuesday, September 11th at 2:00 p.m. Councilwoman McRory moved to adjourn into executive session to discuss the Eagle Mine Clean-up. The motion was seconded by Councilman Bennett. The meeting was adjourned by Mayor Nottingham at 10:05p:m. The Council then retired into executive session. -6- Inter-M®unt~un E~gineerin$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 0 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: 0 0 2 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 U 0 3 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 0 0 4 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. 0 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 6 0. Date